--- date: "2006-07-12" title: "Council Meeting Minutes 2006-07-12" source: "2006-07-12-minutes-council-monthly.pdf" --- Attended: CITY COUNCIL MEETING July 12, 2006 Jim Hamsher, Mayor Mark Wishard, Councilor Marvin Casebeer, Councilor Mike Springer, Councilor Don Strong, Councilor Roger McKinley Jim Wood, Police Dept. Bob Titus, Public Works Joe Hitz, Sisul Engineering Lyn McDonald Gary Burnett, DHS, Drinking Water Program Kenny Gillihan Stan Horrell Greg Flynn (These minutes were taken and transcribed by Lyn McDonald in Diane Clingman’s absence). Mayor Hamsher called the meeting to order at 6:00 p.m. Roll call was called. All Councilors were present with the exception of Tom McAuslan. The pledge of allegiance was recited. The minutes of the June 28th, 2006 meeting were considered. MSP: To approve the minutes of June 28th, 2006 as written, Mike Springer/Roger McKinley. Kenny Gillihan was recognized. He was at the meeting to request approval to place a third horseshoe pit in the City Park next to City Hall. He explained that the two existing pits are not sufficient for tournament play. The third pit would be constructed and paid for by volunteers at no cost to the City. MSP: To approve the horseshoe pit in the City Park, Mike Springer/Marvin Casebeer. Gary Burnett from the State Drinking Water Program was recognized. Mr. Burnett was at the meeting to discuss the need for, yet another, request for extension on the drinking water order. The deadline for the last order was July 15th and he explained that it was critical that the next request for extension be submitted by July 15th. Burnett suggested the request be faxed and mailed. The document needs to include specific dates of completion and where the City stands with property agreements. He went on to say that Prairie City’s lack of compliance is one the longest standing enforcement issues they have seen and it is a big red flag to the EPA. There is the potential for civil penalties if the delay continues and there is always the possibility the EPA could step-in if they find the State is not making sufficient progress. Joe Hitz presented the Council with a request for extension that he had drafted for their review. The letter requested that the deadline to complete the well drilling, flow testing and water quality testing be extended until October 30, 2006. MSP: To approve the letter of extension on the Minutes July 12, 2006 drinking water order, Roger McKinley/Mark Wishard. The secretary was asked to transfer the document onto City letterhead and fax the document. Mr. Burnett continued, saying, that with increased water demand this time of year, the CT Factor (concentration of chlorine multiplied by the contact time) comes into play and there is the possibility that the City could be required to increase the chlorine content in the water. Burnett explained that the standard ratio is four parts chlorine per million and Prairie City is currently running only one part per million. Fortunately, the City’s recent raw water fecal samples have been low and it has not been necessary to increase the level of chlorination. Mr. Burnett asked that he be notified when the landowner agreements were finalized. Planning: No Report Public Safety: Jim Wood reported that his department had been dealing with multiple ambulance calls. There were no fire calls over the Fourth of July, but it was a busy night for police calls. The vehicle burglaries have been resolved with the arrest of one individual. The DUII training that Prairie City Police Dept. sponsored at the Elks Club in John Day resulted in recertification of six officers and a total of nine officers certified in drugs, impaired driving and DUII enforcement. Chris Camarena has been signed off on his field-training manual and can now patrol without supervision. Landfill: Bob Titus presented his written inspection report. No comments were offered. Public Works: Bob reported that the maintenance crew has been busy. They have had a community service worker with eighty hours to work off and it has been good to have the extra help. They are continuing to dry out lagoon cell #2. Bob met with Joe Hitz and they calculated that the cell will be empty or very close to empty by August 1st. Bob has a bid coming in on the sealer to repair the cell. Roger McKinley reported that the repairs to the D6 Cat would begin July 24th. Bob reported that they have been trimming trees around town for clear vision and will continue to trim for several more days. They trimmed a couple of the trees at the west end of Front Street, but Bob wanted City Council approval before trimming the rest of the trees through the downtown area. Bob told the Council that he would be on vacation the last two weeks of July. Roger McKinley asked the Council if John Aasness could borrow the City’s tent for use at the museum in John Day. Roger was not at the last council meeting and was not aware that a decision had been made to rent the tents only for local events in Prairie City. Mike Springer explained the reasons for the decision from the prior meeting. Mayor Hamsher asked if the SolWest Fair would be allowed to use the tents again this year and the council replied no, they are for local events only. Minutes July 12, 2006 Accounts Payable: A list of accounts payable along with a bill received this date from A+ Striping were presented for review and approval. MSP: To approve the payables including the bill from A+ Striping, Roger McKinley/Mark Wishard. It was reported that the 1977 Chevy pickup sold for $500.00, but the Chevy Caprice did not sell. Resolutions/Ordinances: The Council considered approval of Resolution No. 2006-08 “Resolution Prescribing policy for use of City owned tents, tables, chairs, public address system and Park Facilities and establishing a Fee” (replaces Resolution 2005-06). Mayor Hamsher read Resolution No. 2006-08 in its entirety. MSP: To approve Resolution No. 2006- 08. Those in favor: Mike Springer, Don Strong, Mark Wishard and Marvin Casebeer. Those opposed: Roger McKinley and Mayor Hamsher. Motion carried. Bob Titus reminded the Council that he needed direction on whether to continue trimming the trees along Front Street. The secretary advised that there was a committee of three, Diane, Mark Murray and Peg Anderson, looking at the tree situation. Mark Wishard replied that he had talked to Murray and he did not care if the City trimmed the trees. The Council left the meeting to go look at the condition of the trees. Upon returning to the meeting, Bob was given approval to continue trimming the trees. 6:58 p.m. Mayor Hamsher announced the Council would enter into Executive Session pursuant to ORS 192.660(2)(h) in regard to litigation. 8:17 p.m. Regular session resumed. There was discussion on the cost involved in pursuing litigation versus the cost of buying a new pump. The Mayor made the point that although we have a six-year statue of limitation on some of the equipment, the product liability and breach of contract will expire shortly. It would be a push for our attorney to put the case together before that expiration date. Mike Springer was not in favor of asking our attorney to pursue the case considering the lack of detailed records provided to her. Springer went on to say that should the City prevail in the matter, the City would most likely receive a replacement pump just like the one causing us problems now. He emphasized that it was nothing more than the lack of documentation and gaps in record keeping by public works that put us in this situation. He stressed that as the City heads into the upcoming water project it is vital that there be complete records and documentation. MSP: Motion not to proceed with litigation on the wastewater pumps. Mike Springer/Roger McKinley. Other Business: Attorney Michelle Timko had, just prior to the meeting, emailed her review and suggested changes and/or additions to the Prairie City Ground Water Well Drilling Project Contract prepared by Joe Hitz. MSP: To approve the amendments to the well drilling agreement as provided by Attorney Timko. Mike Springer/Marvin Casebeer. The secretary was asked to fax Joe Hitz a copy of the document. 8:30 p.m. It was moved and seconded to adjourn the meeting. Minutes July 12, 2006 Respectfully submitted: ___________________________ Lyn McDonald Approved this Date: ________________ _________________________________ Jim Hamsher, Mayor Minutes July 12, 2006