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CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

Monday December 15, 2014

 

REGULAR SESSION

 

I.                CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

 

Council President Braudt called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.

     

II.        ROLL CALL:

 

COUNCIL PRESENT:    Mayor Deaton,Councilors Parker, Braudt, Coleman, Kovachy, Loomis, and Barton.

COUNCIL ABSENT:      None.

STAFF PRESENT:         Administrator/Recorder Evans, Public Works Superintendent Lakey, and Finance Deputy Recorder Bennett.

STAFF ABSENT:           None.

 

III.       AGENDA REVIEW AND/OR ADDITIONS:

           

Council President Braudt noted that the City Council Regular Session under announcements on the agenda needed to be changed to Tuesday, January 20, 2015 since Monday is a Holiday. 

Councilor Parker asked to have a discussion on the City Attorney placed under Council Business as #5. 

           

IV.       PUBLIC COMMENT:

 

          None

 

V.        CONSENT CALENDAR:

 

1.      Approval of Regular Session Minutes for 11-17-14

 

Councilor Barton moved, Councilor Loomis second a motion to approve the consent calendar. 

All voted “yes”.  The motion carried.

 

VI.       PUBLIC HEARINGS:

           

1.      Comprehensive Plan amendment, zone change, urban growth boundry adjustment and annexation application for Falk Estates.  Subject property is immediately adjacent to the easterly city limits on Tiller Trail Highway

 

Council President Braudt opened the public hearing for Falk Estates application.

 

Council President Braudt asked if any Councilor had  any ex parte contact or conflict of interest that they need to declare on this application.  There were none.

 

The City will not be taking any public comment at this time.  This public hearing will be continued at the February 17, 2015 meeting at which time public comments will be heard.

 

            There were no citizens in attendance regarding this issue.

 

VII.      COUNCIL BUSINESS:

 

Council President Braudt postponed Item #1 – Change order #15 for the wastewater project until Mayor Deaton arrives.

 

1.      Proclamation – 2014 Election Results.

 

Council President Braudt read the 2014 election results for the one position of Mayor and three positions of Councilor-at-Large for the City of Canyonville.  It is hereby proclaimed that at the November 4, 2014, General Election that Russell Jake Young was duly elected as Mayor, Michael C. Boye’, Buddy Kovachy, and Dawn Russ were each duly elected as Councilor-At-Large for the City of Canyonville.

 

2.      New check signers.

 

Currently Mayor Deaton, Administrator Evans, Councilors Parker and Kovachy are authorized to sign on the City’s bank accounts.  All checks require 2 signatures so it is important to authorize signers that will be readily available.  Due to the 2014 election results 2 new signers will need to be authorized effective January 20, 2015.  Umpqua Bank requires a motion and vote of the Council to be reflected in the minutes before any signers can be changed.

 

Councilor Kovachy moved, Councilor Barton second a motion to appoint the new Mayor Jake Young to replace out going Mayor Bob Deaton and Councilor Braudt to replace out going Councilor Ed Parker as authorized signers on the City’s bank accounts effective January 20, 2015.  All voted “yes”.  The motion carried.

 

3.      Insurance Agent of Record.

 

At the November 17, 2014 meeting, Councilor Kovachy raised the issue of whether the City needed to select a new insurance agent of record since the new Mayor’s wife owns Hometown Insurance.  Council directed staff to research whether there is a potential ethics violation or conflict of interest.

 

City County Insurance Services attorney, Kurt Mylander, said there is no ethics violation since the agent of record had already been established prior to the election of the new mayor.  If the City were in the process of obtaining a new agent of record, then the mayor would have a potential conflict and would not be able to participate in the vote on the new insurance agent.

 

CCIS explained that the agent of record does not make any decisions on claims or underwriting of any policies.  They only assist cities in the processing of claims and the renewal process so there would be no conflict of interest.  Normally a city goes out for a request for proposal on services to lower the cost of services or because they are dissatisfied with the existing provider.  The fee for service is a standard percentage that all agents of record for CCIS receive and there are very few agents that understand the complex insurance issues that cities have.  Hometown Insurance is very familiar with the potential insurance liabilities for cities and have provided excellent service.

 

Council agreed to keep Hometown Insurance as the City’s Insurance Agent of Record.

 

4.      City Attorney.

 

Councilor Parker suggested that the new council disscuss whether the city should look for a new city attorney or not.  He feels the current attorney is not advising the city properly.  Administrator Evans feels the same way. There have been many times in the past the city has asked for direction on issues and received responses that are not always clear as to the direction or actions needed to be taken.  The City would need to go out for a request for proposal on attorney services.

 

Administrator Evans stated that this item could be placed on the February or March 2015 council meeting agenda for discussion, but at this point with the City Attorney working on the Falk Estate annexation it might be better to wait on advertising for a new attorney.

 

VIII.    REPORTS:

 

1.      SHERIFF’S REPORT

 

Seargent Bean reported to the Council that as of last month the Sheriff’s Department had 219 calls for services in Canyonville, of which 4 were traffic stops, 25 criminal cases, 14 arrests, 7 warrants, 1 DUI arrest, 2 drug arrests, and 4 disturbance calls. 

 

2.      SUPERINTENDENT’S REPORT

 

Wednesday and Thursday Public Works staff will be conducting a smoke test in the down town area.  Public Works Superintendent Lakey and Water Operator Rabern went door to door with door knockers explaining the testing.  They also talked with several of the customers regarding any questions and concerns they had.

 

Oregon State University came to Canyonville to do a traffic study this summer.  Superintendent Lakey received a written report for meeting the ODOT code and Federal code.  There are some street and school signs that are mixed up or in the wrong place.  It was also brought to his attention some issues with avenue and street signs. These issues are being looked into and will be fixed. 

 

No new water leaks reported during this reporting period.  Reynolds water reservoir is scheduled for inspection and the divers will be here in January 2015.

 

The Water plant received a late submittal of Total Coliform Rule violation.  This is a nonmonetary violation.  The tests had been run but the submittal of the results were turned in late.

 

O’Shea Creek reservoir has been drained for the winter to prevent any valves or lines from freezing.  The water plant only needs 24 hrs to get the water to the plant if needed in an emergency.

 

Administrator Evans asked Superintendent Lakey if he met with the appropriate people to make sure the City is notified about any vehicle accidents with spills that could contaminate the City’s drinking water.  Superintendent Lakey said that he had spoken with Fire Chief Brown and DEQ and provided them with a current call out list.  He stated that it is the water plant operators’ call whether the water valves need to be shut down or not in this type of situation.

 

The 2005 Dodge needed the cooling system repaired and the heater core replaced.  Staff is replacing the bad celenoid operated hydraulic valve and fluids in the backhoe.

 

There was a stop sign knocked down by a motor vehicle at 1st Street and Canyon Ave.  The city will be billing the owner’s insurance company for the cost of the post and labor.

 

VII.      COUNCIL BUSINESS

 

            1.  Change order #15 for the wastewater project in the amount of $17,856.00 was discussed when Mayor 
                 Deaton arrived at 7:34.

 

Change order #15 for $17,856.00 is for the extra expenses the contractor will incur due to the long lead time and an extension of 156 days beyond the contract date because of equipment delay.  The fabrication and shipment of the fine screen and grit removal systems by the manufacturer takes a minimum of 15 weeks to arrive.  It is now past the 15 weeks and these two items have not been delivered. One of the items is being shipped from Germany and the other from Italy.  At this point there has been no word from the manufacturers as too how long before the equipment will arrive on site.  The additional costs due to the delay includes housing for the workers, utilities associated with the housing, job trailer rental, sanitary facility rental and heavy machinery rentals needed for the installation.

 

The City’s engineer Steve Majors reported that the contractor did not know at the time of bidding that the screen and grit removal equipment would be delayed and what the cost would be because of the delay.  The City, Dyer, and 2KG looked at whether demobilizing the site or doing an extension would be cheaper.  They found that an extension would be the cheapest way to go.  2KG has been working on ways to cut the equipment cost, especially on the truck crane.  They finally found one in Roseburg that they can rent for an hourly rate, instead of renting one for an entire month. Steve also mentioned that this change order is a not to exceed the $17,856.00 amount, but can possibly come in under that amount if the contractor does not need to use some of the heavy equipment.

 

Total amount of change orders approved to date is $87,464.00 and total amount pending is $29,056 which comes to a total of $116,520.  The original grant for Phase I is $2,361,000 and so far to date the cost of Phase I is $2,036,387.00.  Dyer Engineering has an Amendment #3 for $22,500 pending for the council’s consideration, so with the Amendment there is a balance of $324,613 open for the city’s use per the funding agencies approval.

 

The City had to purchase a new auto dialer for alarm notifications at the sewer plant since the old one quit.  The new auto dialer will also be used for Phase II alarm notifications. 

 

Administrator Evans received approval from the funding for the cost of this change order to be paid through the grant. And the new completion date is set for March 10, 2015.

 

Councilor Kovachy moved, Councilor Loomis seconded a motion to approve 2KG change order #15 for the wastewater project in the amount of $17,856.00.  All voted “yes”.  The motion carried.

 

Steve Majors asked the Council to approve amendment #3 to the engineering contract to add $22,500.00 pending approval from IFA funding.  This will cover some of the extra costs that will be incurred with the many meetings and phone calls associated with change order #15. 

 

Councilor Braudt moved, Councilor Loomis second motion to approve a change in the engineering contract to add $22,500 pending approval from IFA.  All voted “yes”.  Motion carried.

 

 

3.    ADMINISTRATIVE REPORT

 

FALK ANNEXATION:  The public hearing that was scheduled for the December 10, 2014, Planning Commission meeting was continued until January 14, 2015 due to some issues regarding notification.  There was confusion regarding whether the application was being processed as a legislative change or a quasi judicial (applicant driven) change.  Legislative changes require a published notice in the paper and quasi judicial applications require individual notice to affected property owners.  Notice was published in the paper but not sent out to individual property owners; therefore, the hearing has to be continued and the individual property owners notified of the new date along with publishing a notice.

 

The Council was supposed to hold a public hearing on the application at the December 15, 2014, meeting.  Due to the continuance at the Planning Commission level the Council hearing will be continued to the February 17, 2015 meeting.  A special workshop will be held on February 2, 2015 with the City’s Attorney and consultant planner.

 

The City received notice from USDA Rural Development that the City does qualify for funding of $4.95 million for Phase 2 wastewater upgrade project.  They have not determined how much will be grant yet. 

 

The auditors have finished the 2013-14 fiscal year audit and will present their findings at the January or February Council meeting.  According to their report the City is fiscally sound and there are no significant accounting errors detected.

 

The following change orders for the phase 1 sewer plant upgrade have been approved by the Administrator this month:

            CO #10 -           $3.966.00                     Water connection to vortex grit system and 4” PVC pipe

                                                                        to catch runoff from existing building and pipe into storm

                                                                        drain system.

            CO #11 -           $4,846.00                     Due to changes in electrical panel stands gutters needed

                                                                        to be added in order to align the electrical conduits with

                                                                        panels.

            CO #12 -           $3,434.00                     HDPE backing added to electrical panels stands.

            CO #13 -           $4,735.00                     Stand for relocated dechlorinizaation panel, moved system

                                                                        from top of chlorine chamber to slab on grade due to the

                                                                        size of the chemical drums.

 

The above change orders are all grant eligible expenses and have been approved by the state for payment out of the grant.  The total of all change orders to date is $82,960.37 which is still significantly below the $183,500.00 budgeted for change orders.

 

Administrator Evans also wanted to mention the memo she created to recap all the major projects the City has been working on this year for the benefit of the newly elected Mayor and Councilors.

 

IX.       BOARDS, COMMISSIONS AND COMMITTEES

 

            None.

 

X.        CORRESPONDENCE/INFORMATION:

1.    Available for Inspection:

a)                Seniors Escorting Seniors – November 2014 Report

 

XI.       ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Wednesday, January 14, 2015 @ 7:00 p.m.

2.      City Council Regular Session – Tuesday, January 20, 2014 @ 7:00 p.m.

 

XII.      ADJOURNMENT

There being no further business Mayor Deaton adjourned the meeting at 8:20 p.m.

 

Submitted by:                                                                          Approved by:

 

 

______________________________                                          ________________________________

Dawn Bennett, Finance Deputy Recorder                                Robert A. Deaton, Mayor
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