---
date: "2004-06-09"
title: "Council Meeting Minutes 2004-06-09"
source: "2004-06-09-minutes-council-monthly.pdf"
---

CITY COUNCIL MEETING

June 9, 2004

Attended:

Lance Delgado, Mayor
Marvin Casebeer, Councilor
Roger McKinley, Councilor
Mike Springer, Councilor
Jim Hamsher, Councilor
Diane Clingman, City Recorder
Dave Welch, Chief of Police
Bob Titus, Public Works
Mort Rennels
Sarolta Sperry

Mayor Delgado called the meeting to order at 6:00 p.m.  The roll was called, Anna Bass
and Karen Jacobs being absent.  The pledge of allegiance was recited.

The minutes of the March 24 and May 26 meetings were considered for approval.  It was
moved and seconded to approve the minutes.   Only three members voted so the
motion did not pass.

Mayor Delgado recognized Mort Rennels who addressed the Council on behalf of the
American Legion Post 106.  He again asked if the Council would consider modifying
how it charges the Legion for water use since the group is non-profit, has little funding
and doesn’t use much water.  He said they would like to do some landscaping but cannot
afford to pay for additional water.  Rennels suggested not being charged for sewer since
in is the higher amount billed each month, or to have the water meter read once a year
and only be charged for the water used instead of the 5,000 gallons per month.  Mayor
Delgado asked if the Legion had pursued other avenues and suggested they ask the Forest
Service about working out a deal to use their water in exchange for mowing.

Property Purchase:  The Mayor said he had signed the purchase agreement papers for the
Texaco station property and that he had agreed to pay the price of $75,000.  He said he
made the decision that the property was cleaned up sufficiently and assumed that the
sellers would not have signed the papers if the city were to pay the reduced price per the
contract.  He said he had contacted a wrecking yard about removing vehicles and that it
would cost approximately $560 to do so and that Bob Titus estimated there was only a
dumpster load of junk left to remove.  He felt he could not justify withholding the
$10,000 because of the amount of garbage left behind.  He said he had heard that people
were upset that the city paid the full amount because they felt the property was not
cleaned up as agreed.

Minutes June 9, 2004

Jim Hamsher said he was not pleased about the transaction because the property was not
cleaned up by closing as agreed and that the mayor should have contacted the council
instead of making the decision on his own.  He said he felt that $10K was left on the table
that could have been used as matching grant funds to improve the property.  He referred
to the contract and that it provided for legal action if the sellers refused to sell at the
reduced price (if the property was not cleaned up by closing) and pointed out that there
was no provision for negotiating.  Mayor Delgado said he had made his best gut-feeling
guess as to what to do and that the city can still go after the $10,000.  He said the sellers
are still working on cleaning up the property and that he had given them an additional 3
days.  He said he accepted what was left inside the building and that the city was keeping
the compressor and the lube equipment attached to the building.

Roger McKinley referred to a letter from the city attorney wherein she advised the Mayor
he did not have authority to pay the $75,000 price if the property was not cleaned up, that
he would have to get approval from the council to do so and that the council would have
no reason to.  He asked the Mayor why he didn’t canvass the council by telephone or talk
to at least one other member before making the decision.  Mike Springer said he would
not have OK’d spending the full amount.  He stated that the property was not cleaned up
as agreed and that all along the sellers have been deliberately messing up the property so
that the city would be pressured into buying it.

Mayor Delgado said the sellers had never lied to him about anything to do with the sale
of the property.  He said the agreed upon price was $75,000 with the stipulation that if the
property were not cleaned up by closing, the price would be reduced to $65,000.  He
asked if it was worth $10,000 to hold them to the agreement and said he felt he had to get
the deal done.  He said that if the city wants to go after the $10,000 it will probably be
difficult because of the small amount of junk left.  He estimated that it would only cost
about $1,000 to clean up what is left and again asked for justification of keeping the
$10,000.

Mayor Delgado said he didn’t have input from anyone up until the time he signed the
papers and now everyone is stepping forward with a complaint.  It was noted that he
didn’t contact anyone else and had been advised not to negotiate by the attorney.  Roger
McKinley said just one telephone call to another member would have been an effort at
least.  Mayor Delgado apologized, said it was a mistake on his part not to have contacted
other members of the council and admitted that he did not have the authority to make the
decision on his own.  Roger McKinley accepted his apology.  Jim Hamsher held that the
contract was clearly stated and that it would have been in the best interest of the
taxpayers to pay the lower amount.

Mayor Delgado said that if anyone felt strongly enough to ask for his resignation he
would accept a motion.  Mike Springer said he was not interested in making a motion to
call for his resignation but noted that the city has most likely lost any edge of recovering
the $10,000 by giving an extension of time and showing it wasn’t serious about enforcing
the terms of the contract.  Jim Hamsher said he would like to have the attorney’s
opinion and was welcomed to call her.

Minutes June 9, 2004

The Mayor asked if there was any comment from the public.  Sarolta Sperry said she felt
the entire council should have inspected the property prior to closing, however, what was
done is done and she hoped everyone would move on.  The council generally agreed.

Property liability issues were addressed and it was decided that the holes in the
parking lot should be filled in immediately.  Bob Titus was instructed to have the
locks on the building changed the next day.

Planning:  No Report

Public Safety:  No Report

Abatement:  It was noted that there had not been a written response yet from the property
owners/occupants of the Schatz property to the abatement letter.  Dave Welch said he had
cited Honey Schatz for unnecessary noise because of a written complaint.  Jim Hamsher
asked if he had cited on the animals at large ordinance but Welch said there had been
none of late.  Mayor Delgado asked for volunteers to inspect on June 14th which is the
end of the ten-day period given in the abatement letter.

On another issue, the City Recorder said there was likely to be a complaint soon on the
Cleo Larkin property at 1126 Johnson because of the condition of the burned out house.
A large portion of the tin roof has come undone and when the wind blows it makes a lot
of noise and looks like it could come off.  She said the property was addressed by the
abatement committee in August of 2003 and asked the council if they were going to
pursue abatement.  There was discussion of not following the abatement ordinance and
approaching the owners about cleaning up the property some other way.  It was stressed
that in order to enforce the ordinance the steps must be followed.  Jim Hamsher said he
would talk with the owner the next day about the situation.

Landfill:  Bob Titus said the city would have to do two methane monitoring reports this
year because he failed to have one done last year.  It was noted that the city must do the
additional “make-up” monitoring at its own expense.

Public Works:  Bob Titus said the cheerleaders were looking for ways to raise money and
asked permission to have them to paint the handrails on the bridge.  He said the cost
would be $300 and asked to have it spent from the road fund.  The council generally
agreed and the Mayor said in the future the streets commissioners could make such
decisions.

In other business he said the lagoons are full and that cell #1 had overflowed.  He said he
contacted the DEQ and that no violation would be issued because it was contained on
site.  He said it is OK to overflow out of cell #3.  There was discussion of irrigating with
gated pipe.  Titus said he was arranging a meeting with ABS Pump, Anderson Perry
and the city on June 22.  It was suggested that the attorney be present at the
meeting.  Roger McKinley and Jim Hamsher said they would attend.  Titus said he
would like to council to inspect the interior of the restrooms after the meeting because he

Minutes June 9, 2004

feels they are completed.  He was asked if there had been a final building inspection but
he didn’t know.

Well Drilling:  It was noted that the plan and specs for welling drilling were going to
Water Resources and that it might be possible to advertise before the report it back.  It
was noted that there should be a stipulation, however, that work could not begin until
approval is received.  It was also noted that a test hole will be drilled soon on the Fyman
site and that an agreement letter needs to be sent to John Coombs.

Museum/Depot Park:  It was noted that a meeting will take place between PARC (the
grant writer), the Mayor, Karen Jacobs and the Friends of the Railroad.  The City
Recorder presented a print of the depot building done by a local student and asked if the
city would consider buying a copy at $20.  It was agreed that it should be purchased,
matted and framed.

Office:    There were no bills presented for payment.

Other Business:  Mayor Delgado said he would contact Lee Teague and have him get
on the agenda to ask the council about funding of a new ambulance.

July 4 Fireworks:  It was noted that the city has received enough funds to pay for the
fireworks display and that the Oxbow Ranch has agreed to the use of their property.
Donations received were as follows:  $2,500 from DR Johnson, $500 from GPCCA, $500
from the City of John Day, and $100 from Jason & Andrea Rehling.   Mayor Delgado
said he had met with the Fire Chief, Police Chief, pyrotechnician and a representative of
the Oxbow to approve the site.  Parking will be available near the old rodeo arena and the
launch site will be south and west of it.  No one will be allowed in the arena and it was
noted that parking areas should be marked off.  Parking attendants will be needed as well
as security.  The Mayor said he would be formulating and agreement with the
Oxbow regarding use of the land.  It was noted that a 100’ long trench is needed to
accommodate the mortars, which will be buried.  The scouts have been contacted about
doing cleanup the following day.  It was agreed that the city’s participation in funding the
event will be in-kind labor and equipment rental to dig the trench.  The agreement with
Western Display Fireworks, LTD was presented for approval.  MSP:  To enter into the
contract and purchase order with Western Display Fireworks, Mike Springer/Roger
McKinley.

The City Recorder asked the council to consider donating the old copy machine from the
fire department to the Greater Prairie City Community Association.  She explained that
the company had not wanted it back when they replaced it with a new one.  She also said
that since the main copy machine is now located closer to the fire hall office, the newer
fire department copier will be moved to Depot Park for the museum’s use.  MSP: To
donate the Canon NP1020 to the GPCCA, Jim Hamsher/Mike Springer.

Mike Springer addressed the council regarding website development.  He said he had met
with someone who developed the Sumpter website and felt it was worth investigating.

Minutes June 9, 2004

The developer charges businesses a one-time fee of $200 plus $35 a year and if she can
sign up 12 clients there would be no charge to the city for their site.  The sites down-load
quickly and are search engine optimized.  The cost includes photos taken by the
developer as well.  It was agreed that he should move forward with the process.

8:00 p.m.  It was moved and seconded to adjourn the meeting.

Respectfully submitted:

___________________________
Diane Clingman, City Recorder

Approved this Date: ________________

_________________________________
Lance M. Delgado, Mayor

Minutes June 9, 2004