NOTICE of PUBLIC MEETING
LAFAYETTE CITY COUNCIL AGENDA
DATE: Thursday, May 14, 2009
TIME: 6:30 PM
PLACE: Lafayette City Hall, 486 3rd Street, Lafayette, Oregon
1. Call to Order
2. Flag Salute
3. Roll Call
4. Approval of minutes from previous regular meeting, April 9, 2009.
5. Review proceedings and approve minutes of special meeting: None.
6. Additions and Deletions.
7.a._ Presentation:
 Western Oregon Waste
7.b. Public hearings: None.
8. Citizen Input on non-agenda items. Welcome! The purpose of this time period is to allow citizens to
address the Council on matters related to City government that are not necessarily on the meeting agenda. If you
desire to speak on any non-agenda item, please raise your hand to be recognized by the Mayor. We request that all
persons addressing the Council will stand and state their name and address for the record. All testimony is
electronically recorded. Public participation is encouraged. If you wish to address the Council throughout the
meeting on specific agenda items, wait for that agenda item to be called by the Mayor, and raise your hand to be
recognized. In the essence of time, a time limit of 5 minutes per citizen shall apply, unless the Mayor decides to
allocate more or less time. The total citizen comment time shall not exceed 30 minutes unless the Council votes to
suspend the rules. The Mayor retains the authority to maintain proper Council meeting courtesy.
9.
Departmental reports.
1. City Administrator report
2. Accounts Payable report
3. Public Works report
 Water Restrictions
4. Fire Department report
5. Sheriff report
10._Legislative Actions.
1. Ordinance 598- Amend Municipal Code Ch. 5- Graffiti Removal (2nd reading)
2. Ordinance 599- Election to receive state revenue sharing funds (FY09-10)
3. Ordinance 600- Amend Municipal Code Ch. 4- Cross Connection Program
11. Action Items.
1. Establish City Administrator Evaluation Criteria
2. Dayton IGA- Certified Operators
12. Discussion Items. Updates from the City Administrator concerning on-going projects, council
discussion of proposed policy changes, discussion of proposed projects, etc.
1. Franchise Agreements
2. Charter Review
3. Committees
4. Code Enforcement Ordinance
5. Ma
y
or
’
spa
g
eonwe
bs
i
t
e
nd
6. Schedule 2 Goal Setting Session
13. Committee Reports.
14.Mayor
’
sRe
por
t
.
15. Review of Handout Material.
16. Adjournment.
The location of the meeting is accessible to the disabled. If you will need any special accommodations to attend
or participate in the meeting please notify City Hall at 864-2451, 24 hours prior to the meeting.
Copies of Proposed Ordinances, if any, are available for review at City Hall.
POSTED May 7, 2009
City of Lafayette
City Council Meeting Minutes
April 9, 2009
6:30 PM
I.CALL TO ORDER: Council President Chris Pagella called the meeting to order at City Hall at 6:34 p.m.
2. FLAG SALUTE: Council President Chris Pagella led the flag salute.
3. ROLL CALL: Diane Rinks, City Administrator, called the roll.
Present: Mayor Chris Heisler (arrived late at 6:35 p.m.), Bob Cullen, Nicholas Harris, Leah Harper, Dean Rhodes,
Michael Roberts (arrived late at 6:48 p.m.), and Chris Pagella.
Absent: None.
City Staff Present: Diane Rinks- City Administrator, Trena McManus - Asst. to the City Administrator.
Others: Chris Harper, Beth Pagella, Mary Heisler, Darrell Flood, Angela Flood, Wes Dennis, Elizabeth Dennis,
Trevor Higby, Randy Kashka, Beth Karecki -Your Community Mediators, Christine Hall, and approximately
2 others.
4. APPROVAL OF MINUTES:
Bob Cullen made a motion to approve the March 12, 2009 minutes as presented. Chris Pagella said that under the
discussion about trip logs for city vehicles, he would like it to be clarified that there is a different form being used now
than what was submitted in the packets. There is now a booklet being kept in the vehicles to record their mileage.
Bob Cullen amended his motion to accept the minutes as amended. Leah Harper seconded the motion. There was
no more discussion and the motion passed unanimously.
5. REVIEW PROCEEDINGS AND APPROVE MINUTES OF SPECIAL MEETINGS:
Goal Setting Session April 4, 2009.
Bob Cullen made a motion to approve the goal setting session minutes of April 4, 2009, as presented. Chris Pagella
seconded the motion. Discussion- Bob Cullen asked about scheduling the follow up goal setting session to finish the
areas they didn't have time to get to last time. Diane Rinks said that it hasn't been scheduled yet, but hopefully it can
be scheduled sometime in May. There was no more discussion and the motion passed unanimously.
6. ADDITIONS AND DELETIONS:
Diane Rinks said that there is a representative here from the Yamhill County Commission on Children and Families
to give a short presentation on the Week of the Young Child and will be asking the Council to make a proclamation
on this. This will be added as agenda item 1l(6).
There were no other additions or deletions.
7.a. PRESENTATIONS:
Presentation by Beth Karecke- Your Community Mediators- Beth Karecke said that the City of Lafayette has been
supporting Your Community Mediators for 20 years, so they wanted to recognize the City with a certificate of
recognition. She handed out the certificate of recognition to each Council member and the City Administrator.
Beth Karecke said that the mediators have done an outreach this past year to get some Spanish speaking
mediators to serve Yamhill County. She explained some of the different types of services that the mediators offer
to the citizens of Yamhill County.
Presentation by Christine Hall- Yamhill Commission on Children and Families- Christine Hall said that the Yamhill
County Early Childhood Coordinating Council is a group of early childhood educators, service providers and
community members, and they are asking all cities and the county to join us in proclaiming the Week of April 1925'h as the Week of the Young Child. The Week of the Young Child is held each year to honor young children and
thank teachers and all those who make a difference in young children's lives. She asked the Council to adopt the
proclamation and hang a kite in City Hall during the month of April as a symbol of the significance of the Week of
the Young Child.
Mayor Chris Heisler agreed to move this agenda item to this point of the agenda.
11. ACTION ITEMS:
6) Week of the Young Child Proclamation:
Mayor Chris Heisler read the following proclamation:
Whereas, the Yamhill County Early Childhood Coordinating Council and other local organizations, in
conjunction with the Ore on Association for the Education of Young Children, are celebrating the Week of the
Young Child, April 19-25 , 2009, and
Whereas, these organizations are working to improve early'learning opportunities, including early literacy
programs, that can provide a foundation of learning for children in Lafayette and Yamhill County, and
Pn
Whereas, parents, teachers, child care providers and others who make a difference in the lives of young
children in Lafayette and Yamhill County deserve thanks and recognition, and
Whereas, public policies that support early learning for all young children are crucial to young children's futures,
We, the Council of the City of Lafayette, Oregon do hereby proclaim April 19-25, 2009 as the Week of the
Young-Ghild-in-L-afayette-and-en~~~;]r-age-aII-~it-izens-t~-~ork
to make a good investment in early childhood for
our children.
PUBLIC HEARINGS: FYo9-I 0 State Revenue Sharing Hearing- Proposed Uses
Mayor Chris Heisler opened the public hearing for the FY09-10 state revenue sharing (proposed uses) at 6:55
p.m. The proposed uses for the FY09-10 state revenue sharing funds that were presented at the April 7, 2009
Budget Committee meeting were: downtown beautification, water supplylstorage (reservoir), parks
improvements, community center improvements, pay down debt, mobile library, rent Wascher gym on Friday
nights for 'open gym', traffic light on 3rd Street, fencing at Perkins Park, install lightlflaglsoldier monument at
Community Center, and City Hall fund. Diane Rinks said that she estimates the City will receive $34,000 in state
revenue sharing funds in FY09-10.
The hearing was opened for public comment at 6:59 p.m.
Angela Flood, 287 Canyon View Drive- said that it was stated in the handouts that no new ideas would be
accepted. Mayor Chris Heisler said that the opportunity to submit ideas was at the budget committee meeting on
April 7, 2009. Angela Flood said that at the budget committee meeting, the audience was told that they were not
allowed to contribute ideas at that time either. She wanted to know when the public could contribute ideas that
are different than what is on the list. Mayor Chris Heisler said that he didn't have an issue with listening to new
ideas from the public.
Darrell Flood, 287 Canyon View Drive- said that he would like to see the City use the money to digitize city
records.
The public comment portion of the hearing was closed at 7:01 p.m.
Chris Pagella said that he would like to see the money used on parks so that matching SDC funds can be used to
maximize the use of this money.
Bob Cullen said that there is an advantage to putting this money into the general fund because then there is more
flexibility in the use of the funds. Bob Cullen said that everyone is impacted by water supply, and $34,000 towards
a multi-million dollar water reservoir doesn't seem like much, but it sends a message to the community that this is
the Council's number one priority.
Chris Pagella said that the money needs to be dedicated to something specific.
Mayor Chris Heisler suggested that he would like to look at the possibility of paying down debt and restructuring of
the City's current bonded debt.
Diane Rinks said that out of the 11 suggested items, 7 of them already have transfers set to come from the
general fund.
Leah Harper said that $34,000 doesn't go a long way towards paying off debt, but it could do a lot for downtown
beautification.
Mayor Chris Heisler said that he also liked the idea of using this state revenue sharing money for park
improvements.
Diane Rinks said that the $34,000 is included in the proposed budget as part of the $1 10,000 in the general fund
that the budget committee will have the discretion of allocating wherever they feel is appropriate.
Dean Rhodes made a motion to accept the FY09-10 state revenue sharing funds into the general fund. Michael
Roberts seconded the motion. There was no more discussion and the motion passed unanimously.
8. CITIZEN INPUT ON NON-AGENDA ITEMS:
Angela Flood, 287 Canyon View Drive-said that she submitted an ordinance violation complaint a few months ago,
and wants to know why a citation has not been issued. She said she is willing to sign the citation. She wanted to
know if the code is going to be enforced. Mayor Chris Heisler said that he would look into it and get back to her.
Darrell Flood, 287 Canyon View Drive- said that the meeting agenda for the goal setting session was not posted
online. He requested that all meetings be posted on the website. He also asked that any supplemental information
given to the Council after the packets have been posted online, be made available to the public at the meeting.
The Council asked staff to begin sending out a monthly meeting list to those citizens who have signed up for the
email updates.
Michael Roberts said that Mr. Steven Trunde, 1467 Bridge St., has submitted a complaint letter. Nicholas Harris said
that he spoke to Mr. Trunde and he said he is being targeted unfairly on some code enforcement issues relating to
his property and Nicholas Harris asked him to put his complaint in writing. Leah Harper stated that she spoke with
Mr. Trunde as well and he is stating that he has been treated unfairly, but she has no way of knowing if he has been
or not. Discussion ensued.
Diane Rinks said that if the Council would like to discuss code enforcement further, a worksession could be
scheduled to discuss the processes for dealing with code violations.
4/9/09 Council Minutes were prepared by Trena McManus.
Recordings are 011 tile at City Hall
2
Chris Pagella asked about Mr. Trunde's claim that his property was re-zoned without proper notification. Diane
Rinks said that the complaint just came in, and it hasn't been researched yet. Chris Pagella asked if he could get an
update when staff has researched this issue.
Mary Heisler, 1407 Madison St.- said that code enforcement is a very hot topic among residents. Citizens have been
asking for documentation for a long time.
9. DEPARTMENTAL REPORTS:
1 City Administrator report:
Diane Rinks said that everything in her report will be addressed throughout the agenda.
2) Accounts payable report:
Chris Pagella asked about the payment to Belson Outdoors. Diane Rinks said that was for the purchase of
benches, bleachers, and garbage cans for Commons Park.
3) Public Works report:
Chris Pagella asked about the improvements that were made to the Community Center. Diane Rinks said that
public works was doing some landscaping and some other small maintenance items inside the Community
Center (check water heater, replace furnace filter, replace vent, etc.).
Leah Harper asked if the report could be more specific about where pothole work is being done.
Diane Rinks said that some I&I (Inflow and Infiltration) TV work was done on the sewer lines in the older part of
town this past week. There were a couple of blockages in the sewer lines that caused a backpressure spill in a
couple houses. The City had a cleaning service called Serv-pro come in and clean up the homes, and a claim
will be turned in to the City's insurance company.
4) Fire Department report:
There were no questions on this report.
5) Sheriff report:
Sergeant Steve Warden was not at the meeting to present a report.
10. LEGISLATIVE ACTIONS:
I) Resolution 2009-04- Adopt Amended Council Rules:
Dean Rhodes made a motion to adopt Resolution 2009-04, as presented. Leah Harper seconded the motion.
There was no discussion and the motion passed unanimously.
2) Ordinance 598- Amend Municipal Code Ch. 5- Graffiti Removal:
This ordinance establishes a timeline for removal of graffiti of 30 days (once City Hall has been notified of the
existence of the graffiti and provided written notice to the tenant and owner.
Nicholas Harris made a motion to adopt Ordinance 598, as presented. Dean Rhodes seconded the motion.
Discussion- Michael Roberts said that he doesn't agree with this ordinance. He doesn't think that it is right to
punish the homeowner and threaten to cite them if they don't clean up graffiti quick enough. Bob Cullen said
that the police encourage people to remove it immediately to discourage the recurrence of this type of crime.
Nicholas Harris said he would prefer a 15 day window, but the Council decided on 30 days to give people extra
time to get it taken care of. Discussion ensued.
Nicholas Harris suggested getting people in touch with Trevor Higby (who purchased a pressure washer to help
clean up graffiti) if they need assistance getting graffiti cleaned up. The Boy Scouts may also be willing to help
clean up graffiti around town. Michael Roberts suggested that neighborhood watches will help discourage
graffiti. Dean Rhodes said that people need to be educated that resources are available to them if they need
assistance removing graffiti. The Council asked the staff to put some information about graffiti removal on the
back of the water bills. The resources should also be included in the warning letter that is sent to people asking
them to remove graffiti. There was some discussion about reducing the penalty for not removing graffiti to $50
(class D violation).
Darrell Flood, 287 Canyon View Drive- said that he thought 30 days to remove graffiti was reasonable.
The Council asked staff to prepare a warning letter for the Council to review at the next meeting.
Michael Roberts made a motion to adopt Ordinance 598, with an amendment to change the penalty from a
class A infraction to a class D violation. Nicholas Harris seconded the motion. There was no more discussion
and the motion passed unanimously.
3) Resolution 2009-05- FY08-09 Budget Transfer:
4/9/09 Council Minutes were prepared by Trena McManus.
Recordings are on file at City Hall
3
Bob Cullen made a motion to adopt Resolution 2009-05, as presented. Michael Roberts seconded the motion.
Discussion- Diane Rinks said that this budget transfer is necessary because she under estimated the amount of
state and county court assessments that would need to be paid. Part of this can be attributed to the increase in
the number of citations that have been issued this last year. The other part of this budget transfer is to cover
the legal costs associated with the defense of two LUBA appeals, and also to cover the contract cost for the
completion of the two new wells in the Dayton wellfield. There was no more discussion and the motion passed
unanimously.
Mayor Chris Heisler agreed to move this agenda item to this point of the agenda.
12. DISCUSSION ITEMS:
3) Election Law Violation Appeal:
Diane Rinks said that Trena McManus has appealed the Election Division's decision to find her guilty of
violating election law with regard to the charter initiative filed by Darrell Flood. Diane Rinks said that she is
asking the Council to allow the City Attorney to defend Trena McManus at the appeal hearing. The attorney has
agreed to do this for a flat $1,500 fee. Chris Pagella questioned paying the attorney $1,500 to avoid a $75 fine.
Trena McManus said that it is not about the money, it's about the fact that she is being told by the state that she
is not doing her job. She acted on the advice of the City Attorney and felt that she had no other choice. Chris
Pagella asked Diane Rinks to ask the City Attorney to further reduce his fees for this defense. Michael Roberts
made a motion to allow the City Attorney to defend Trena McManus with regard to the election law violation
appeal hearing (Flood Charter Initiative). Dean Rhodes seconded the motion. There was no more discussion
and the motion passed unanimously.
Bob Cullen left at this point of the meeting.
11. ACTION ITEMS:
I) Purchase City Signs:
Trena McManus said that she has been looking into the costs for purchasing signs for the City's facilities. She
got two quotes- one from City Sign Co. of Portland and one from A Northwood Signs of Carlton. A Northwood
Signs quoted a price of $1,870 per sign (2'X6'), and City Sign Co. quoted $1,585 per sign (2'X5').
Chris Pagella asked about getting some directional signs on 99W to the parks. Diane Rinks said that she
would have to check with ODOT about their procedure for placing signs on the highway. Nicholas Harris said
that he would like to forego the sign for the Community Center at this time.
Michael Roberts made a motion to proceed with having A Northwood Signs produce signs for the City facilities
for a cost not to exceed $13,090, minus the Community Center sign. Dean Rhodes seconded the motion.
Discussion- Dean Rhodes said that he would rather go with a local company. He agrees with Nicholas Harris
and doesn't feel that a sign should be made for the community center.
Darrell Flood, 287 Canyon View Drive- said that he thinks $13,000 is way too much to pay for signs. He could
get the boy scouts to build some signs. He asked the Council to give him 30 days to get someone to do it for
cost.
Leah Harper said that she thought this was out of the scope of something the boy scouts could do.
Michael Roberts amended his motion to have A Northwood Signs construct 4 signs (City Hall, Public Works,
Commons Park, and Community Pride Park). There was no more discussion and the motion passed
unanimously.
2) Budget Committee Resignation:
Lotis Hanks submitted a letter of resignation from the budget committee due to health reasons. The consensus
of the Council was to accept Mr. Hanks resignation and to send him a letter of appreciation for his years of
volunteer service to the City.
3) IGA for Building Official Services:
Michael Roberts made a motion to authorize the City Administrator to enter into an Intergovernmental
Agreement with the City of Newberg to provide for Building Official, plan review and building inspection
services. Dean Rhodes seconded the motion. Discussion- Diane Rinks said that our last building official, Gary
Biggs, has taken a job with Yamhill County. The City of Newberg has agreed to provide these services for the
City. There was no more discussion and the motion passed unanimously.
4) Stimulus Funding Application:
Diane Rinks said that there has been some confusion on the process for submittal of an application for stimulus
funds and the timelines involved. The two projects that the City had submitted letters of interest on were the
reservoir and the transmission line that runs from the watershed into town. The reservoir was the first priority to
get funding for. However, there are issues with being able to comply with the timelines involved with the
4/9/09 Council Minutes were prepared by Trena McManus.
Recordings are on file at City Hall
4
stimulus funds on a large project like a reservoir. There is also the obstacle of the provision in the city charter
that states that the city will not have an expenditure of more than one million dollars without going to a vote of
the people (even if it is grant money that is being spent). There is not time to go to a vote with the timelines
involved for the stimulus funds. So, Diane Rinks will be pursuing the stimulus funds application for construction
of the transmission line from the watershed to town, rather than the reservoir.
5) 201 0 Census Partner Proclamation:
Mayor Chris Heisler said that he hereby proclaims that the City of Lafayette, Oregon is committed to partnering
with the US Census Bureau to help ensure a full and accurate count in 2010.
Michael Roberts made a motion to take a short break. Dean Rhodes seconded the motion. There was no
discussion and the motion passed unanimously. A break was taken at 9:03 p.m. The meeting was called back to
order at 9:l I p.m.
DISCUSSION ITEMS:
I ) Franchise Agreements:
Diane Rinks said that there has been a lot of discussion among cities in recent years on whether it is best to
have franchise agreements, right of way agreements, or a privilege tax in place with the utilities. The City of
Lafayette has all three options available in the current code. The City Attorney is proposing to take a look at
these options and decide which direction the City wants to go and then clean up the code to reflect that. Diane
Rinks asked the Council to decide if they would like to take an action on this right now. The options are: to do
nothing but clean up the current code, prepare a right-of-way regulation for City consideration, or proceed with a
franchise with PGE and defer consideration of a right-of-way ordinance until later. Leah Harper asked if she
could get some summary information on the current status of the different franchises. Discussion ensued.
Diane Rinks said that she would put some information together on the different franchises and discuss it further
at the next meeting.
2) Results of March 10, 2009 Election:
Trena McManus said that an election was held on March 10, 2009 for the matter of a 2008 Charter Initiative
submitted by Darrell Flood, and certified by the county clerk on March 26, 2009. There were 554 votes cast in
the election. The initiative failed with 125 yes votes and 429 no votes.
4) Parks Proposal and Discussion:
Mayor Chris Heisler said that he will defer this discussion to the Budget committee as he felt it would be more
appropriate to discuss then. Dean Rhodes said that he would like to get some preliminary construction costs on
a basketball court if it was constructed at Perkins Park. Diane Rinks said that until it is decided where exactly in
the park it would go; it's hard to get construction costs. She estimated that it would cost twice as much to
construct it at Perkins Park rather than on a flat piece of land because of all of the grading and retaining wall
work that would need to be done.
COMMITTEE REPORTS:
None.
14. MAYOR'S REPORT:
None.
15. REVIEW OF HANDOUT MATERIAL:
None.
16. ADJOURNMENT:
Chris Pagella made a motion to adjourn. Dean Rhodes seconded t'he motion. There was no discussion and the
motion passed unanimously. The meeting was adjourned at 9:44 p.m.
Minutes approved on this 14th day of May, 2009.
APPROVED:
ATTESTED:
Mayor Chris Heisler
Diane Rinks, City Adnlinistrator
4/9/09 Council Minutes were prepared by Trena McManus.
Recordings are on file at City Hall
5
I
Ms. Diane Riiilts
City of Lafayetie
PO Box 55
Lafayetie, OR 97 127
April 1", 2009
Dear Diane:
Enclosed are several scliedules that make up the Rate Review Report as outlined in our Solid Waste Collection
Franchise. This inforlnation also ~iiakeslip tlie Annual Financial Report. They are as follows:
a) The Rate Review Repost, wliicli includes tlie following:
a. All the actual allowable expenses incurred by Franchisee ill the preceding calendar year, and all
allowable expenses that we reasonably anticipate will be incurred ill the current year;
b.Tlie allocation fonnulas used to determine expenses;
c. The acti~aland expected Operating Ratios for the preceding and current calendar year;
b) 2008 Reviewed Financial Statement prepared by our independent Certified Public Accountants; and
c) Rate sheets showing current and proposed rates to be effective July lSt,2009.
Based on tliis data, there is reason to believe that the Operating Ratio for tlie current calendar year will be
outside the limits of tlie Operating Ratio Raiige of 85% to 91%. The adjust~neiitthat would be required to
bring us back to tlie Operating Ratio target is 5.34%.
There are several factors that play a critical role in deter~ni~liilg
this rate adjustment. As you know, the
economic downturii in these past several months has beell difficult for everyone. Our projectioiis are based
on tlie assuinptioii that the curreiit econo~nicclimate will not significantly iinprove during this rate year. We
anticipate coiitinued negative impacts to drop box and coininercial revenue. This lost reveilue callnot be
totally offset by the correspoildillg decrease in labor liours, truck time and disposal costs. I11 addition, tlie falloff ill recycling market prices has affected tlie fees we pay to process and transport recyclable inaterials to
market.
In liglit of the tough economic tiines we are all facing, we Iiave chosen to make some difficult decisioiis in an
attenipt to c011trol tlie upward pressure on collectio~lrates. We anticipate that the changes resulting fi-om
these decisions will be temporaiy, and that, as the econoliiy recovers, affected progralns will be restored.
Conlpany-wide, we have cut our capital budget by over 70%. We enacted a temporary reduction in
force - 7.5 FTE, illcludiilg one nlanagement position, and limited wage adjustments to 1% or less.
We have reduced to a ininilnum all discretionary expenses, including travel, education and training.
We also increased the employee-paid portion of our healthcare costs, and eliminated our profitsharing colltributions to emnployees' 40 1(k) plans.
We look forward to co~iipleti~ig
this process, and will be happy to discuss these issues with the City Council at
their request.
Respectfi~lly,
'5hie'f
Financial .officer
Page 7
Prepared by Joseph Cook 3/31/2009
ern Oregon Waste
-
WOW Valley Total
2008 Actual
Allocation
Method
2009 Projected
2008 Actual
City of Lafayette
Adjustments
and Projected
Changes
2009 Projected
88.00%
I
REVENUE
Collection Services (net of bad debt)
Rate Adjustment
Other Revenuellnterest Income
Total Revenue
LABOR EXPENSES
Collection Crew Supervisor
Operational Personnel
Contract Labor
Recycling Personnel
Recycling Assistant
Payroll Taxes
Worker's Compensation
Medical lnsurance
Pension Plan
Other Benefits
$
$
8,110,860
$
$
4,804
8,115,664 $
$
$
-
49,990
837,563
$
-
$
$
$
$
$
$
$
$
79,883
-
68,701
49,921
174,240
3,370
8,065
1,271,733
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
8,288,017
398,341
72,000
8,758,358
53,556
810,444
-
11,515
75,064
-
66,790
50,736
230,000
6,000
12,880
1,316,986
I
Actual
$
298,772
Revenue
$
$
177
298,949
$
1,785
29,901
Labor Hours
Labor Hours
Labor Hours
Labor Hours
Labor Hours
Labor Hours
LaborHours
Labor Hours
Labor Hours
Labor Hours
Labor Hours
$
$
$
$
$
$
$
$
$
$
$
-
2,852
-
$
$
$
$
$
$
$
$
$
$
2,453 $
1,782 $
8,220 $
120 $
288 $
45,401 $
5.34%
19,702
17,000
2,475
39,177
$
318,473
17,000
2,652
338,125
127 $
(968) $
1,912
28,933
-
$
$
$
$
411 $
(172) $
(88)
29
1,991
94
172
1,616
$
$
$
$
$
$
$
$
OPERATIONAL EXPENSES
Fuel
interest
Repairs and Maintenance
Repairs and Maintenance Other
Disposal Charges
Medical Waste Expenses & Doc Oest
Business Taxes and PUC
Franchise Fees
Uniforms
Depreciation and Amortization
Operational Lease and Rent
Customer Damage Repairs
Insurance Expense
Rec supplies1Education
Yard Debrislwood & Other Funding
Recycling Expense
Purchase Recyclables
Safety and PPE
-
GROSS PROFIT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
375,225
39,790
765,338
16,174
1,339,042
71,914
63,142
214,080
6,460
463,048
248,294
11,846
79,217
3,594
704,522
465,636
28,923
470
4,896,715
1,947,217
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
265,825
Labor Hours
31,790
Labor Hours
740,503
LaborHours
2,750
Labor Hours
1,262,706 Vessel Weights
70,920
Labor Hours
30,200
Labor Hours
212,926
Labor Hours
7,000
Labor Hours
472,842
LaborHours
248,180
Labor Hours
5,000
Labor Hours
88,136
Labor Hours
9,500
Labor Hours
725,250 Based on Progran
700,728 Vessel Weights
Vessel Weights
5,200
Labor Hours
4,879,456
2,561,916
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
13,396
1,421
27,323
577
42,849
2,567
2,254
7,643
231
16,531
8,864
423
2,828
128
38,537
20,581
926
17
187,095
66,453
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(3,906)
(286)
(887)
(479)
(2,443)
(35)
(1,176)
(41)
19
350
(4)
(244)
318
211
1,134
10,391
(926)
169
2,165
35,396
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ADMINISTRATIVE EXPENSES
Management Services
Administrative Services
Office Supplies
Postage & Mail Services
Printing
Utilities
Telephone
Dues and Subscriptions
Payroll Service
Data Processing
Professional fees
Travel
Public Relations
Advertising
Business Meals & Entertainment
Education &Training
Contributions
Licenses and fees
Miscellaneous
Computed
Computed
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
Customer Counts
$
$
$
$
$
$
8,968
26,905
456
3,612
767
4
$
$
$
$
$
$
$
$
$
$
$
$
$
$
685
642
431 5
3,979
934
221
484
1,087
808
653
2,060
1,372
58,156
NET INCOME BEFORE TAX
Operating Margin
CalculatedOperating Ratio
C:\Documents and Settings\DaveL.WOWDOMAIN\Desktop\Rate Review 2OO8\COS 2008\Valley 08 09 COS - DL 032409.xls
411
2,680
2,384
1,811
8,211
214
460
47,016
0
9,490
1,135
26,436
98
40,407
2,532
1,078
7,601
250
16,880
8,860
179
3,146
339
39,671
30,972
186
189,261
101,848
I
Page 8
Prepared by Joseph Cook 3/31/2009
Western Oregon Waste
WOW -,Valley Total
2009 Projected
2008 Actual
Allocation
Method
2008 Actual
Clty of Lafayette
Adjustments
and Projected
Changes
2009 Projected
Allocation Data:
Revenue
Revenue Percent
$ 8,110,860
$
8,288,017
$ 298,772
3.68%
$ 318,473
3.68%
Labor Precentage
Disposal Percentages
Recycling Percentage
Customer Count Percent
Yard Debris Percent
Operating Ratio Calculation
Total Expenses:
Total Labor
Total Operational
Total Administrative
Total
Less Non Allowable Expenses:
Interest on Purchase of routes
Amortization
Less "Pass Through Expenses:
Franchise Fees
Allowable Expenses
$
-
$
(214,080) $
$
7,542,372 $
7,559,022
$
(214,080) $
(212,926)
$
(212,926)
Revenue
Revenue
Less "Pass Through Expenses:
Franchise Fees
Revenue (net of Pass Through)
Operating Ratio:
Allowable Expenses
divided by
Revenue (net of Pass Through)
Calculated Operating Ratio
$
7,901,584
$
8,545,432
$
7,542,372
$
7,559,022
$
7,901,584
$
8,545,432
95.45%
88.46%
-
C:\Documents and Settings\DaveL.WOWDOMAIN\Desktop\Rate Review 2008\COS 2008\Valley 08 09 COS - D L 032409.~1s
WESTERN OREGON WASTE
Proposed Rates - Effective July 1st, 2009
Lafayette
Current
Rates
Can & Cart Services - Curbside
Curb side: within 4' of the curblroad & 4' away
from all cars, mail boxes, or misc items
1 1 Can Weekly
2 Each Additonal Can Weekly
3 32 Gallon Cart Weekly
4 90 Gallon Cart Weekly
5
6
7
1 Can Every Other Week
Each Additional Can - EOW
32 Gallon Cart Every Other Week
Can & Cart Services - Non Curbside
Non curbside: visible from the street, outside
garages and fenced areas
19 1 Can Weekly
20 Each Additional Can - Weekly
21 32 Gallon Cart Weekly
22 90 Gallon Cart Weekly
Rate
Adjustment
5.34%
Proposed
Rates
$
$
$
$
15.08
15.08
14.29
23.81
$
$
$
$
0.81
0.81
0.76
1.27
$
$
$
$
15.89
15.89
15.05
25.08
$
$
9.80
9.80
9.29
$
$
$
0.52
0.52
0.50
$
$
$
10.32
10.32
9.79
$
$
$
$
15.87 $
15.87 $
22.22 $
36.52 $
0.85
0.85
1. I 9
1.95
$
$
$
$
16.72
16.72
23.41
38.47
23
24
25
26
1 Can Every Other Week
Each Additional Can - EOW
32 Gallon Cart Every Other Week
90 Gallon Cart Every Other Week
$
$
$
$
10.32
10.32
14.45
23.74
$
$
$
$
0.55
0.55
0.77
1.27
$
$
$
$
10.87
10.87
15.22
25.01
27
28
29
30
1 Can Once a Month
Each Additional Can - OAM
32 Gallon Cart Once a Month
90 Gallon Cart Once a Month
$
$
$
$
5.56
5.56
7.77
12.78
$
$
$
$
0.30
0.30
0.41
0.68
$
$
$
$
5.86
5.86
8.18
13.46
31
32
33
34
35
36
Will Call Billed - 32 gal can (per can)
Will Call Billed - 32 gal cart (per cart)
Will Call Billed - 90 gal cart(per cart)
90 Gallon Cart Rent (for will-call service)
Regular Customer - Add. Can, Bag, Misc.
Extra 90 Gallon Cart Pick Up
$
$
$
$
$
$
5.56
7.77
12.78
2.70
3.98
9.12
$
$
$
0.30
0.41
0.68
$
$
0.21
0.49
$
$
$
$
$
$
5.86
8.18
13.46
2.70
4.1 9
9.61
WOW - Created by DWL
Page 1 of 4
3/31/2009
WESTERN OREGON WASTE
Proposed Rates - Effective July 1st, 2009
Rate
Adjustment
5.34%
Current
Rates
Lafayette
MISCELLANEOUS RATES
Charges for items on line 41- 47 do NOT include
the additional service charge which is charged
separately
37 Refrigerators - Freezers
38 Appliances
39 Furniture - all types
40 Tires off rims
41 Tires with rims
42 Truck tires off rims
43 Truck tires with rims
rates rellect current prices.
$
$
$
$
$
$
$
34.09
17.05
17.05
4.55
9.09
17.05
45.45
$
$
$
$
$
$
$
17.00
50.88
50.88
101.77
152.65
15.00
25.00
$
$
$
21.37
24.04
42.27
Steri-Tub Rental and Disposal
21 Gallons -- Per Tub
48 Gallons -- Per Tub
I$
I$
35.47
40.55
Confidential Document Destruction
56 19 Gallon Box
1$
34.90
Miscellaneous Rates - All Customers
Sharps Container Purchase
57
4.7 Qt - Per Container
58
10 Qt - Per Container
59
23 Qt - Per Container
$
$
$
6.31
8.93
16.66
61 Special ServicelRe-packaging Fee (per hr)
$
85.89
Service Charge - In Route
Service Charge -Out of Route
Container Re-Delivery Charge
One truck - One employee (Per Hour)
One truck - Two employees (Per Hour)
Off No Pay Reinstatement Charge
NSF Check Charge
44
45
46
47
48
49
50
Proposed
Rates
I
0.91
2.72
2.72
5.43
8.15
$
$
$
$
$
I
'
.
-
$
$
$
$
$
$
$
29.29
11.72
17.57
4.69
9.37
11.72
35.15
$
$
$
$
$
$
$
17.91
53.60
53.60
107.20
160.80
15.00
25.00
MEDICAL WASTE RATES
Large Volume Customers (submitted separately for approval)
Small Volume Generators
Sharps Container and Disposal
51
4.7 Qt -- Per Container
52
10 Qt -- Per Container
53
23 Qt -- Per Container
54
55
1
1
1
$
$
$
1.14
1.28
2.26
$
$
$
21.37
24.04
42.27 -
1
1
$
$
1.89
2.17
1$
1$
24.04
42.27
/
$
1.86
1
$
42.27
. $
$
$
6.31
8.93
16.66
I
.
I
'2
,
i
L
'
L
.
"1;"
*
qf,
'
'
$
4.59
$
90.48
$
143.151$
7.64
1$
150.79
$
16.04 1 $
0.86
1$
- supplies b~lledseparately
62 Emergency Spill Remediation
- per person, per hour - supplies billed separately
63 Spill Kit
WOW - Created by DWL
Page 2 of 4
1
1
16.90 1
WESTERN OREGON WASTE
Proposed Rates - Effective July 1st, 2009
Current
Rates
Lafayette
Rate
Adjustment
5.34%
Proposed
Rates
Temporary Rental Containers
Defined as: not longer than 30 days and
45 days between container rentals or for
the term of project for contractors
64
65
66
67
68
3 Yd Rental (Del. Chg, Final Pickup & 7 days)
Add. Dumping Charge - 3 Yd Rental
3 Yd Rental - Recycling Only (del, plu + 7 days)
Add. Dumping Charge - 3 yd Rental (rec. only)
Daily Rental Charge - 3 Yd Rental
DROP BOXES
Miscellaneous Charges
69 Delivery charge (Based on hourly truck time)
70 Daily Rent - after 48 hrslexcl, weekends
71 Rent (per month) - 1 year or longer
72 Truck Time (per hour)
, 73 Rec.lMkt. Hauls (per hour) - plus disposal
74
75
76
77
78
COD Temporary Customers
10 Yard Box
20 Yard Box
30 Yard Box
47 Yard Box
50 Yard Box
Industrial Invoiced Permanent Customers
79 1 Haul Fee
80 1 ~ i s ~ o sCharge
al
(per ton)
140.03
66.65
127.57
54.19
2.00
$
$
$
$
$
50.88 $
8.36 $
117.79$
101.77 $
101.77$
$
$
$
$
$
224.82
315.56
406.31
589.40
626.71
1$
I$
$
$
$
$
$
147.51
70.21
134.38
57.08
2.00
2.72 $
0.45 $
6.29 $
5.43 $
5.43 $
53.60
8.81
124.08
107.20
107.20
7.48
3.56
6.81
2.89
$
$
$
$
$
$
$
$
$
12.01
16.85
21.70
31.47
33.47
$
$
$
$
$
127.21 1 $
34.72 1'- ,
6.79
-
7
2:r...
1
,I
$
$
$
$
$
236.83
332.41
428.01
620.87
660.18
$
$
134.00
34.72
Permanent Frontload Compactor Rates
This includes all compacted material including
pre compacted waste
81 Compaction Ratio - 4:1
82 Compaction Ratio - 3:1
83 Compaction Ratio - 2:1
1.50
1.30
1. I 2
CONTAINER RATES
Weekly Service - Containers
84 ( 1 Yard Container
85 11 112 Yard Container
86 2 Yard Container
84 3 Yard Container
88 4 Yard Container
86 5 Yard Container
90 6 Yard Container
91 8 Yard Container
WOW - Created by DWL
1
$
I $
$
$
$
$
$
$
Page 3 of 4
105.07
131.01
156.95
208.82
260.70
312.58
364.46
429.37
i . ,
_,
$
$
$
$
$
$
$
$
,,
,
r
r
1.50
1.30
1.12
,
'J .i
v*-, I\
5.61
7.00
8.38
11.15
13.92
16.69
19.46
22.93
1$
1$
$
$
$
$
$
$
110.68
138.01
165.33
219.97
274.62
329.27
383.92
452.30
3/31/2009
WESTERN OREGON WASTE
Proposed Rates - Effective July 1st, 2009
Rate
Adjustment
5.34%
Current
Rates
Lafayette
Proposed
Rates
92
93
94
95
96
97
98
99
Each Add'l Stop per Week - Containers
1 Yard Container
1 112 Yard Container
2 Yard Container
3 Yard Container
4 Yard Container
5 Yard Container
6 Yard Container
8 Yard Container
$
$
$
$
$
$
$
$
formula = weekly rate - rent
$
85.07
$
111.01
$
136.95
$
188.82
$
240.70
$
292.58
$
344.46
$
409.37
100
101
102
103
Every Other Week Service - Containers
1 Yard Container
1 I12 Yard Container
2 Yard Container
3 Yard Container
$
$
$
%!
63.25
76.22
89.18
115.12
$
$
$
3.38
4.07
4.76
6.15
$
$
$
66.63
80.29
93.94
121.27
I I 0 4 14 Yard Container
1s
$
14l.O6I$
105 5 Yard Container
106 6 Yard Container
107 8 Yard Container
$
$
$
167.00 $
192.94 $
225.39 $
8.92
10.30
12.04
$
$
$
175.92
203.24
237.43
$
$
$
$
$
$
$
$
40.74
46.74
52.73
64.70
76.69
88.67
100.65
115.63
$
$
$
$
$
$
$
$
2.18
2.50
2.82
3.45
4.10
4.73
5.37
6.17
$
$
$
$
$
$
$
$
42.92
49.24
55.55
68.15
80.79
93.40
106.02
121.80
$
$
$
$
$
$
$
$
21.25
27.84
34.43
47.60
60.80
73.97
87.14
103.63
$
$
$
$
$
$
( $
1$
1.13
1.49
1.84
2.54
3.25
3.95
4.65
5.53
$
$
$
$
$
$
$
$
22.38
29.33
36.27
50.14
64.05
77.92
91.79
109.16
$
20.00
108
109
110
111
112
113
114
115
Once a Month Service - Containers
1 Yard Container
1 112 Yard Container
2 Yard Container
3 Yard Container
4 Yard Container
5 Yard Container
6 Yard Container
8 Yard Container
Will Call Service - Containers
116 1 Yard Container
117 1 1I2 Yard Container
118 2 Yard Container
119 3 Yard Container
120 4 Yard Container
121 5 Yard Container
122 16 Yard Container
123 18 Yard Container
I
1
Rent - Containers (per month; same price for all sizes)
1 124 All Front-Load Containers - Same RateIMonth
1
$
7.53 1 $
90.68
118.01
145.33
199.97
254.62
309.27
363.92
432.30
a
.
I
1
1
$
148.59 1
20.00)
NOTES: Finance Charges (0.75% monthly, 9% annually) will be assessed on any past due amount (excluding amounts in dispute over billing o r
service issues). Billing Terms: Commercial Accounts are billed on a monthly basis. Residential accounts are billed once every three months i n
Z,d,mnr.a
WOW - Created by DWL
Page 4 of 4
December 3 1. 2008
REPOR'S OF CERTIFIED PUBLIC ACCOUN'TANTS' .............................................................
1
FINANClAL STATEMENTS
2-3
Balance sheet .........................................................................................................................
............................................................................
4
Stateme111of earnings and retained earnings
State~nenlof cash flows ..............................................................................................................
5
..................................................................................................
Notes to financial statements
6-9
ADDITIONAL INFORMATION
10
Accountants' report on additional infolrnation ..........................................................................
Schedules of expenses ...............................................................................................................
I1
REPORT OF CERTIFIED PUBLIC ACCOUNTANTS'
To the Board of Directors
McMinnville City Sanitary Service, Inc.
We have reviewed the accompanying balance sheet of McMinnville City Sanitary Service, Inc.,
dba WOW - Valley as of December 3 1,2008, and the related statement of earnings and retained
earnings and cash flows for the year then ended, in accordance with Statements on Standards and
Review Services issued by the American Institute of Certified Public Accountants. All
information included in these financial statements is the representation of the management of
McMinnville City Sanitary Service, Inc.
A review consists principally of inquiries of company personnel and analytical procedures
applied to financial data. It is substantially less in scope than an audit in accordance with
generally accepted auditing standards, the objective of which is the expression of an opinion
regarding the financial statements taken as a whole. Accordingly, we do not express such an
opinion.
Based on our review, we are not aware of any material modifications that should be made to the
accompanying financial statements in order for them to be in conformity with generally accepted
accounting principles.
PERRIN, McMILLAN & MILLER
Portland, Oregon
March 10,2009
WOW - VALLEY
BALANCE SHEET
DECEMBER 3 1.2008
ASSETS
C1J I<RENT'ASS E'TS
Accounts receivable (i~etol' allowance
for doubtful accounts of S; 12,000)
Other cur-rent
Note receivable - shareholder
Total current assets
FIXED ASSETS - at cost
Vehicles
Machinery and equipment
Containers and dropboxes
Office equipment and fixtures
Leased equipinent
Less accumulated depreciation and amortization
OTHER ASSETS
Goodwill
See accompanying notes and accountants' review report.
2
MIOM/ - VALLEY
BALANCE SI-IEE?'
DECEMBER 3 I , 2008
LIABILITIES
CURRENT LIABILITIES
Accou~ltsPayable
Trade
Related Paflies
Deferred revenue
Accrued liabilities
Advances fro111 affiliate
Current maturities of Long-tenn debt
Total current liabilities
LONG-TERM DEBT,
Less current maturities
DEFERRED TAX LIABILITY
STOCKHOLDERS' EQUITY
Common stock, no par value, 1,000 shares
authorized, 500 shares issued and outstanding
Preferred stock, no par value, 100 shares
authorized, 84.79 shares issued and outstanding
Retained earnings
See accompanying notes and accountants' review report.
3
WOW - VALLEY
S'rA'I'EMENT OF EARNINGS AND RETAINED EARNINGS
I'OR TI-lE YEAR ENDED DECEMBER 3 1,2008
Cost of operations
Disposal costs
Labor co sls
Operational expenses
Gross profit
G e ~ ~ e rand
a l administrative
Earnings fioni operations
Other income (expense)
Iliteresl income
Loss on asset disposal
Interest expense
Amortization of finance costs
Earnings before income taxes
Income taxes
Current expense
Deferred tax
NET EARNINGS
Retained earnings
Beginning of year
Less: dividends paid
End of year
See accompanying notes and accountants' review report.
4
WOW - VALLEY
STATEMENT OF CASI-I FI,OM/S
FOR TI-IE YEAR ENDED DECEMBER 31,2008
Cash flows fkol1-1operating activities:
Net earnings
Ad.justlnents to reconcile net earnings to
net cash provided by operating activities:
Depreciation and anlortization
Deferred income taxes
Loss on sales of assets
(Increase) decrease in:
Accounts receivable
Accrued interest
Increase (decrease) in:
Accounts payable
Accrued liabilities
Total adjustments
Net cash provided by operations
Cash flows from investing activities:
Purchase of vehicles and equipment
Proceeds from sale of assets
Net cash used by investing activities
Cash flows from financing activities:
Advances - affiliates
Payments on long-tern debt
Dividends paid
Net cash used by fina~lcingactivities
Net increase in cash
Cash
Beginning of year
End of year
Supple~-Ilel-Ital
cash flow infornlation (Note 7)
See accompanying notes and accountants' review repon.
WO\{ - VALLEY
NOTES TO FINANClAL STATEMEN'I'S
DECEMBER 3 I , 2008
13achg1~ouncl
- 'I.lic (:ompany. an Oregon Corporation and majority-owned suhsidialy of K E
Enla-priscs. Inc.. pso\/iclcs solid waste and recycling collectioli services to thc City of
h4cMinnvi llc and si~ssoi~~idiiig
smaller municipalities in Yamhill County, Oregon.
NOTE 1 -
S1JI\/IMAT<\' OF SIGNIFICANT AC:COUNTTNG PO1,ICIES
A sun~mas)/of tlie significan? accounting policies consistently applied in the
11reparation of the accompanying financial statements follows:
a.
Cash and cash equivalents
For the purposes of the statement of cash flows, the Con~panyconsiders
all il~vestmentinstrun~entspurchased with a maturity of three months or
less to be cash equivalents.
b.
Property and equipment
Property and equipment is carried at cost. Depreciatioii and a~ilortization
are provided for in amounts sufficient to relate the cost of depreciable
assets to operations over their estimated service lives on a straight-line
basis.
c.
Revenue recogilitioll
The Company invoices its residential customers quarterly for the next
three months of collection services. Accordingly, deferred revenues have
been recorded for amounts invoiced that represent services which have
not been provided as of the balance sheet date.
d.
Income taxes
Deferred tax liabilities or assets at the end of each tax period are
determined using the tax rate expected to be in effect when the taxes are
actually paid or recovered. Deferred income taxes arise principally from
different methods in reporting book and tax depreciation.
WOW - VALLEY
NOTES TO FINANCIAI, STATEMENTS
DECEMBER 3 1,2008
NOTE 1 -
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued
e,
Use of estimates
The preparation of financial statements in conformity with generally
accepted accounting principles requires managenlent to make estiillates
and assu~nptionstkai affect the reported amounts of assets and liabilities at the
date of the financial statements. Estimates also affect the reported
alnounts of revenue and expenses during the reporti~lgperiod. Actual
results could differ from these estimates.
NOTE 2 -
CONCENTRATIONS OF CREDIT FUSK
The grants credit to residential and commercial customers in and around
Yanlhill County Oregon.
The Company maintains its cash balances in a financial institution located in
McMinnville, Oregon. These balances are insured by the Federal Deposit
Insurance Corporation (FDIC) up to $250,000. The balances are fully insured
at December 3 1,2008.
NOTE 3 -
GOODWILL
Goodwill represents the excess cost over fair value of net assets acquired in
franchise acquisitions. Goodwill was amortized over 40 years through
December 3 1,2001. In accordance with Statement of Accounting Standard
NO. 142 issued in June 2001, anlortization ended December 3 1,2001. The
Conlpany evaluates the goodwill on an annual basis for impairment.
NOTE 4 -
PENSION PLAN
The Conlpany has in effect a trusted profit-sharing retirement plan covering
substantially all employees and includes a11 en~ployees'thrifi savings plan
established under the provisions of Internal Revenue Code Section 401 (k).
Under the plan, en~ployeescan contribute and defer taxes.011up to 10% of
compensation. The Company matches such contributions at a rnininlu~nof
25% of employee contributions. At its discretion, the Con~panymakes
supplen~entalcontributions to the plan at a mininlum of 5% of employee's
annual compensation. Employer contributions for the year ended
December 3 1: 2008 were $3,370.
WOW - VALLEY
NOTES TO FINANCIAL STATEMENTS
DECEMBER 3 I , 2008
NO'I'T", 5 -
RE1,ATED PARTY TRANSACTIONS
ICE Enterprises, Inc., an Oregon Corporation. \vliicli o\vns a mqjorit); ol'tlic
stock in McMi~~nville
City Sani~aryService. lnc. provides nmintcnance, repair.
msunagennent and administralive services to the Compan)/. During 2008.
$25 14,836 in services were provided by ICE. S; 196.032 was payable to K13 at
December 3 1 ,2008.
Yan~liiIIValley Materials Recovery Facility, lnc. (YIJMRF), a who1 I y owned
subsidiaty of KE enterprises, Inc., processes recyclable materials and yard
debris collected by the Company. The Company pays for recycling processing
and passes tlvough a yard debris processing rate component to YVMRF.
During 2008, the Conlpany paid'$ 1,170,728 to YVMRF under this agreement.
Outstanding amounts payable to Y V M W at December 3 I , 2008 were
$101,637.
Advances from affiliate - At December 3 1,2008 amounts advanced to
McMinnville City Sanitary Service, Inc. from KE Enterprises, Inc. were
$1 10,651. Included in the an~ountsowed are income tax-related expenses
allocated to the subsidiary of $12,409.
NOTE 6 -
LONG-TERM DEBT
7.0% note payable to Wells Fargo, in montlily installlnents of
$1 1,386, including interest, maturing March 20 1 3.
$ 506,270
Less current maturities
11 0,000
Aggregate maturities of long-term debt for the five years following
December 31,2008 are as follows: 2009, $1 10,000; 2010, $1 12,594; 201 1,
$120,597; 2012, $129,315; 2013, $33,764.
WOW - VALLEY
NOTES TO FINANCIAL STATEMENTS
DECEMBER 3 1,2008
NOTE 7 -
SUPPLEMENTAL CASI-1 FLOW INFORMATION
During 2008, the Company paid $3 8,569 of interest in casl~.
Non-cash transaction - Income taxes payable of $12,409 in 2008 resulting
fro111allocations based on the separate companiesl.taxableearnings were
accrued as an increase to advances from affiliate - KE Enterprises, Inc.
NOTE 8 -
INCOME TAXES
The Company files combined Federal and State incolne tax returns with its
parent company, KE Enterprises, Inc. In accordance with the Statenlent of
Financial Accounting Standards (SFAS) No. I 09, the coinpanies allocate their
income tax liability based on the taxable earnings of each entity.
NOTE 9 -
FRANCHISE AGREEMENTS
The Company provide services under franchise agreements with each
municipality. The franchise agreements provide rates based on allowable
costs and profit. The agreements are for terms of five and seven years,
extended an additional year every January 1, at the option of the franchisor.
NOTE 10 -
COMMON AND PREFERRED STOCK
Common and preferred stock have equal voting and liquidation rights. Each
share receives a preferential monthly dividend of ,00855 percent of prior year's
average gross receipts.
ADDITIONAL INFORMATION
INDEPENDENT ACCOUNTANTS' E P O R T
ON ADDITIONAL INFORMATION
To the Board of Directors
WOW - Valley
Our report on our review of the financial statements of WOW - Valley for 2008 appears on
page one. The review was made for the purpose of expressing limited assurance that there
are no material modifications that should be made to the financial statements in order for
them to be in conformity with generally accepted accounting principles. The information
included in the accompanying Schedules for the year ended December 3 1; 2008 is presented
only for supplementary analysis purposes. Such information has been subjected to the
inquiry and analytical procedures applied in the review of the basic financial statements, and
we are not aware of any material modifications that should be made thereto.
P E W , McMILLAN & MILLER
Portland, Oregon
March 10,2009
WOW - VALLEY
SCHEDULE OF EXPENSES
FC)R TI-IE YEAR ENDED DECEMBER 3 1. 2008
Opel-alional Expenses
Depr-eciatio n
Franchise fees
Fuel
Insurance
Supplies
Operational lease expense
Other operalionsll expenses
I'urchase of secyclables
Recycling processing costs
Repairs and maintenance
Taxes and licenses
Yasd debris funding
General and Administrative Expenses
Management and administrative services
Advertising and promotio~l
Board discretionary fund
Contributions
Data processing and telephone
Dues and subscriptio~ls
Education and training
Licenses and fees
Bad debt
Meals and entertainme111
Office supplies
Payroll service
Postage
Printing
Professional fees
Other administrative
Travel
See accompanying notes and accountants' review report.
Section 5.7 , Fi~anchiseemay choose to excl ~ ~ cfi.0111
l e its obligatio~l
hllo~lingitems:
(ti)
I-1azal.clous Waste as clcfinecl herein
hazardous to equipment, sel.\/ice
(b)
Anii~~al
processing offt~l.
/
/'
/
/
(c)
Sewage sluclge.
(cl)
Septic talk and c spool j~urnpingsor other sluclge.
(cl)
~ a n u r ~ # /
(e)
Y:'
by t l ~ cCity to be
//
~ e ~ d c a bor
l eailirnal solid ailcl senii solid waste.
/
Large dead animals. (containerized?)
Petroleu~nproducts (excluding recycleable nlotor oil).
/&)
ARTICLE 171
RATES AND COMPENSATION
Section 6 . Deteimination of Rates.
(a)
(b)
coasideratio~lfor its services hereunder, Franchisee shall b e allowed to
charge and collect rates specified in tlle "Approved Rate Schedule" to be
adopted each year by a Resolutioll of the Lafayette City Couilcil in
accorda~lcewith this section.
The rates set shall be fixed at a level sufficient to produce a Revenue
Requirement for Franchisee that is equal to the quotient of Allowable
Expenses divided by the Operating Ratio (expressed as a decinlal). For
purposes of this section the rates shall include all lno~liescollected by
Franchisee for the senrices provided under this franchise, including, but
not linlited to, charges for collectioll of solid waste and recyclable
materials, revenue from the sale of recycled material, disposal charges,
surcllarges, fees ancl taxes. Revenue shall also i~lcludeany other lllo~lies
received by Francllisee fi-om ally other entity as coinpe~lsatio~l
for the
services provided here under^ allocated fairly and reasonably to the
jurisdiction and custolllers receiving said services. For ~ ~ u r l ~ oof
s ethis
s
section, expenses shall be allowable to the extent they are knowln and
measurabl e, calculated in accordance with General1y Acceptecl Accounting
Principles (GAAP), do not exceed the fair lllarlcet \lalue of like services,
and are reasonably and p~udentlyincursed by the Franchisee in the course
of],el.for11lingits obligations uncles his Flancl~ise.Allowable expenses
shall include but not be limited to the follo~/ing:
'I.
The costs of complying with all laws, regulations 01. oi.clers
apl~licable to the obligations of Francllisee he~~euncler,
as ~loulor
hereafiel. amendecl.
2.
Disl~osalfees as increased by the CPI-W (Portland). Disl~osal
increases in excess of the CPI-V\/ (Portland) as called for in the
Disl~osalAg*eelnentbetween the franchisee ancl the Dis13osal Site
will be considered allo~lal7leexpenses wit11 no application of the
Operating Ratio.
3.
Labor costs, iilcludillg supes\lisory labor, associatecl with provision
of services under the Franchise, iilcludi~lgalorlcers compensation
and benefits and third party trailsportatio~lcosts.
4.
Vehicle and equipment expenses iilcludillg depreciation, vehicle
registratioil fees, motor h e l , oil, tires, and repairs and illai~lteilallce
of equipment.
5
All expenses of illaiiltaillillg and replacing capital equipment and
assets, i~lcludillgdepreciation and repair and maintenance.
6.
Perfornlallce bonds and insurance, at a minimum, in the a~llounts
and coverage required by the city.
7.
Administrative costs illcludiilg officer salaries, administrative
staff, data processiag, billing and supplies.
8.
Utilities.
9.
Training and alorlcer safety.
10.
h/Iarlceting, promotion and public education costs.
1
Proper-ty or facility depreciatioa, rental or tease costs necessa1-y to
the provision of services required by the franchise ageement.
12.
Professional fees and costs.
13.
Interest expenses other tl~anany i~ltereslexpenses associated with
~)urcl~ases
of routes or business purcl~ases.
14.
Franchise fees in excess of t h e e percalt (3%) of g o s s revenues or
busilless liceilse fees established by the City. .F1:ancl1ise fees less
than thsee pel-cent (3'Xr) of gross re\lenues sllal l be a1lowstble
expenses ~ l i t h1-10ill~plicationo f d ~ Opel~~ting
e
Ratio.
(c).
15.
Any expense incurred in the collectioll, I~sunclling,PI-ocessing,
storing, transpol-ling,rnallteting, 01. sale 01.othel clisl~ositionof
recyclable ~naterials,as defined in ORS 45Y.O05(I?)).
1 6,
All sur~chal~ges,
taxes 01.fees, othel tllm stale 01. fecleral income
taxes 01. franchise fees, ~lllicha1.e imposed upon Franchisee or
levied by fecleral, state or local go~ler~mlents
in connectio~~
wit11
Franchisee's ] ~ r o \ ~ i sof
i oSolid
~ ~ Waste collection, tsiulsportatio11,
disposal and resource reco\/ery sel-vices.
17.
Any other expense cleteril~inedin advance by the City and
Franchisee to be reasonable ancl 1lecessar-yto the provision of the
services required u~lderthe franchise agreement.
Under no circulllsta~lceswill the following expenses be counted as
Allowable Expenses:
1.
Interest and a~nortizatio~l
011 the purcl~aseof the Lafayette franchise
routes or other franchise routes.
2.
Political and charitable coat~ibutions.
3.
Federal, state, and local iilco~lletaxes.
4.
Loss on sale of assets.
5.
Officers' life insurance premiums.
6.
Director fees.
7.
Interest on the purcl~aseof equipllle~ltor facilities to the extent that
the purcl~aseprice exceeds the fais market value of the asset at the
time of purcl~ase.
8.
Penalties and fines.
(d)
For purposes of this section, Operating Ratio shall equal point eight eight
(0.88)
(e)
The Franchisee and its affiliates may use COIIIIIIOI~ resources (equil~~lleilt,
fuel, labor, etc.) to service the City ancl other nearby jurisdictions. In such
cases, it will be necessary to allocate tlie costs of sucl~resources alllong the
jurisdictions they serve. Franchisee and the City sl~allmutually agree upon
an allocation for~llula,attached to t l ~ eFranchise as Exhibit "B". Such
10
allocation forn~ulamay be amenclecl by Resolution o.Sthe Lafayette City
Co~~ncil
~ 1 3 0 1 1the written mutual consent of the F r ~ ~ ~ ~ c hsuncl
i s etlie
e city and
shall be applied, as amenclecl, to determine Allowable Expenses
tliro ~1g11o
it. the tesm of the Frsunchise.
(f)
\These the Fi.anchisee shares management ancl general and aclministrative
lal3oi. resoul-ces~ / i t its
h affiliates, in lie^^ of the Allocation Method, the
Frsunchisee and the city agree tllat tlie charges for such sei-vices shall be
deter-111ineclas a percentage of goss revenues (currentlg/ 3% ailcl 9%)
~lhiclimay be aclj~~stecl
by mutual ageement between the city and the
Franchisee. Charges for these sel-vices shall be eclual to or less tllan eighty
percent (80%) of t l ~ ecost of psocuring s~lchsel-vices.Elwn third pasty
service provi ders.
(g)
Except as pro~licleclin subsection (11) of this section, a cost of living rate
adjustlnellt shall be made a~lnuallyaccording to the following procedures:
1.
Co~nlne~lci~lg
on June 1, 2007 and 011 June 1 of each year tl~ereafter
(the Adjustmerlt Date) tluougl~outthe tell11 of the Francl~ise,tile
rates sliall be adjusted in a percentage ail~ountequal to the percent
cl~angein the Consumes Price Index for all Urban Co~lsu~llers
for
All Iteins (1982-S4=100) published by the Bureau of
West B/C,
Labor Statistics (the Index) tllat occul~edbetween the montlls of
May and April of the previous year and tlle montlls of May and
Aplil of the cull-eilt year provided llomlever, that the adjustinent
shall not exceed 4 percent in any year. The adjusted rates shall
become effective on each July I, thirty days follovlliilg the
Adjustineilt Date.
2.
On each Adjustment Date, the then-cu~~ent
rates sliall be
~llultipliedby a fkaction, the numerator of wllicl~is the 12-montll
average of the Index for the cull-ent year and the denominator of
vlllicl~is the 12-montl1 average of tlle Index for the previous yea-r,
ulllere the 12-month average of the Index is calculated by adding
each monthly West-C Index published from May througll April and
dividing such suill by 12.
3.
On or before each Adjustment Date, Francl~iseeshall send to the
City a revised rate schedule reflecting the proposed new rates, as
adjusted by the Index as provided in this subsection. The Coullcil
shall adopt the revised rate scl-teduleby separate Resolutioll to
beco~neeffective on July 1 of each year.
4.
111 tlle e\lent the Index for Urban Co~lsulllersfor Vilest B/Cis no
longer published by tlle Bureau of Labor Statistics, Fra~lchiseeand
City shall negotiate in good faith to a g e e upon a suitable
11
~.eplacementindex I-eflectiveof the cost of living in the fisunchise
area.
(h)
Each yeas on 01.bcfi~reApril 'I, 81e Franchisee will submit to the city a 1.at.e
se\liew ~-eporl(the ("Rel,ortU)sl~owingthe actual Allom/ableExl>enses
incusrecl by Frsulchisee in the preceding calendar year, all aclclitiorlal
Allo~lableExpenses FI-anchiseereasonably anticipates ~ l i l be
l incussed or
im],osed in the current calenclal year, the allocation forll~ulasused to
calendar
(letel-mineexpenses, the actual Operating Ratio fos the ~~rececling
year, and the expected Operating Ratio fos the curl.enl calendar year. Iftlie
Report i~lclicatesthat the Opesating Ratio for the next succeeding 12montl~period will be less than eigl~ty-fivepercent (85%))or gseater tl1a11
ni~~ety-one
percent (91 %) then rate review ~ l i l auto~ilatically
l
be
implemented in accordance wit11 this section. 111addition, prior to April 15,
either Frailchisee or the city may request a rate review to COII~~I-IIIthat the
Operating Ratio for the next succeedi~lg12-month period will be not less
than eighty five percent (85%) and not &eater than ninety-one percent
(91%) will automatically be illlple~llentedin accorda~lcewit11 this section.
111 addition, prior to April 15, either Francl~iseeor tl~ecity may request a
that the Operating Ratio for the next succeeding 12rate review to coinfi~~n
montl~period ulill be not less than eighty-five percent (85%) and not
greater tl~anninety-one percent (91%); provided, howe~ler,that not lllore
than five consecutive years shall pass du~iagthe tern1 of this francl~ise
without a fonllal rate review as set foi-tl~in this subsection. 111the event a
rate review is requested or required as provided hereunder, the followi~lg
procedures shall bind the city and Francl~isee:
No later tllan April 1, Francl~iseeshall subnlit to the city a rate
review report (the 'Report"). If there is reason to believe, based on
the city's review of the data from the report, that the Operating
Ratio for the cu~-rentcalendar year will be less than eigl~ty-five
percent (85%) or greater than nil~ety-onepercent (9 1%), the Re11or-t
shall also iilclud e proposed rates for the c u ~ ~ e calendar
nt
yeas that
are calculated ill accorda~lcewith subsection (b) above to produce
Fra~~cl~isee's
Revenue Require~nentfor such calendar yeas in light
of all Allowable Expenses set fo~tllin tlle Repost.
,7
The city shall review the Report and, if the city's review of the
Report indicates that the Operating Ratio is lilcely to be gseater than
ninety-one percent (91%) or less than eighty-five percent (S5%),
the city shall adopt rates fos the next yeas: either as proposecl by
Franchisee in the Re11o1-t 01- as lllodifiecl by the city; no later than
June 15. The duly adopted rates shall then becollle effective not
late].than July I and shall supersede the rates that were previously
in effect. The adopted rates shall provide the fiancl~iseean
operating ratio of 88%.
3,
In the event the Reposl shows that the Opesalillg Ratio fol. the
cursent calendsu yeas is not liltely to be grealer thsun ninety-one
(91 (!4,) pe~.cenl01- less tl-~aneigIlt.j/-fi\le(85%) percent, the existing
rates shall nol be adj~~stecl
anil the cus~.enlsates shall contin& in
effect iiiltil 11exI ~~clj~istecl
in ~~cco~.clance
~litlis~ibsectio~~
( g ) of this
section.
(i)
The City sl~allset. all policies a~lclproceclures l.especting tlle
iml~lementationoflates and shall direct Franchisee to cal-ry out such
policies ancl 11roceclur.es. The City, its agents 01. employees may, ~11011
reasonable notice aild cluriilg nori~~al
business hours, audit those records of
Francl~iseethat pel-tain to Re\/enue and Allowable Expenses; ])ro\/ided,
h o ~ ~ e ~in~reviewing
er,
such records, the city and its agents and eillployees
sllall lllaiiltaiil S U C ~ Irecords in strict coilfidellce ancl not disclose, divulge
or transmit such records or copies of such records to any thircl party.
(j)
In the event Franchisee, at any time, becollles liable to pay any new or
increased legislated costs, iilcludiilg surcharges, fees or expenses
associated wit11 regulatory requireillents, or ally new or increased legislated
disposal andlor legislated long-haul transpoi-tation costs or fees, and these
costs represent in excess of three percent (3%) of Gross Reveilue, then all
such costs andlor fees shall be passed tl~soughand added to the tllenexisting rate structure immediately upon City's receipt and verificatioll of
Frarzchisee's documentation of and liability to pay the same. In the event
Francllisee, at any time, expe~ieilcesa reductioil in such costs, in excess of
tlu-ee percent (3%) of Gross Revenue, then all such savings shall b e passed
tlu-ougll and subtracted froin the t11e11-existing rate stiucture imnn~ediately
upoil City's receipt and verification of Fra~lcl~isee's
docunle~ltatiollof the
same. Francl~iseeshall include all sucll costs, cost savings, andlor fees in
the next succeeding year's Repost as actual Allowable Expeilses of
REPORTS
,z/
,
J
"->
.
,,/-
Section 7. The followiilg r e p ~ ~ -and
t s i~lfolillatioilsha1.1'be sublllittecl by Fra~~cllisee
to the
./"
City in accordance wit11 the following schedule:
,.,. ,/.c'
_./-'=
,,.,yr
(a)
Co~~lmencing
April 1,3@67and each April I thereafter, the Francl~isee
shall sublnit to ,tile~6Lnci1
./'
an Ailllual Repoll consisting of the following:
/
'
1'
( ~ ( ) / ~ e \ l i e ~financial
~ed
stateiueilts for Franchisee for the ],receding
yeas; ~ / i tmutual1
l~
y agreed scl~edulesprel~aredby the
Francl~iseeto provide backup for any allocated expenses.
Franchisee shall also identifi any expense incurred wit11 an
/"
CITY ADMINISTRATOR REPORT
May 14,2009
Presentation and Rate Review
:'? WOW
Representatives from Western Oregon Waste will make a presentation to the council concerning the
Rate Review Report that is a requirement of their franchise agreement. A copy of that rate review and
the proposed rate changes are included in the packet. I have also included Article VI (Section 6) of
their franchise agreement which outlines the process and requirements for setting the rates. What it
states, in a nutshell, is that they have a right to adjust their rates if the defined "Operating Ratio" for
the current year falls outside of certain percentages. That is what the report shows and their current
rates will not be sufficient to produce the "Franchisee's Revenue Requirement" as defined in the
agreement. The Rate Review Report they have submitted indicates that a 5.34% increase in their
rates is necessary to bring them back within the defined "Operating Ratio" range. Their proposed
rates reflect that increase. A resolution will be presented to the council at the June meeting for
adoption of the "Approved Rate Schedule" as dictated by the franchise agreement.
DHS Technical and Manaqerial Capacity Review
A copy of this report is included with this report. This review is part of the normal process when an
application is made for Safe Drinking Water Revolving Loan Fund financing, which is what the
"stimulus" money that we applied for is. The only deficiency of note is the condition of Lafayette
Spring which will require that work be done. Neither the scope of that work, nor the cost, has yet
been determined. This required work is listed in the report as a condition of the financing, should we
received the funding. It is not written up as being required as part of the project, at my request, since
we have already defined the Transmission Main project and also to be able to meet the time-line
demands of the stimulus program. I believe that as a "Loan Condition" we will just have to complete
the work before the Transmission Main project is closed out, which should not be a problem.
Water Restrictions
Included with Jim Anderson's Public Works Report is a letter containing his recommendation to place
restrictions on lawn watering effective June lSt.
He will be at the meeting to discuss this
recommendation with you and has provided some additional data that he feels will help you better
understand his position.
Establishinq Process and Criteria for City Administrator Evaluation
-
See Memo
IGA with Dayton for Provision of Certified Operators - See Memo
Franchise Aqreements - See Memo
Charter Review
I will have some information prepared for you to review at the meeting concerning possible options
available to you to address I)
the troublesome section that limits our ability to'obtain or use grant
money, 2) other sections that have previously been identified as being in need of changing, and 3)
whether the existing charter should be rewritten.
Mavor's Request for Website Pase
Mayor Heisler has requested that we establish a Mayor's page on our website where his reports and
other information can be posted. Based on prior policy concerning individual council members
posting, or distributing, correspondence relating to city business, I felt it would be best for the council
to discuss this. Establishing procedures and parameters for this would be helpful to staff.\
_)
Scheduling 2" Goal Settinq Worksession
I have not yet heard back from most of you concerning your availability on trying to set a time to finish
up the Goal Setting that was started last month. Please let me know before the meeting and maybe
we can have time to confirm Nancy Boyer's availability before we set the date at the meeting.
Oregon
Theodorc R. Kulongoski., Ciovcmor
April 30,2009
Department of Human Services
Public Health Division
Drinking Water Program
800 NE Oregon Street #640
Portland, OR 97232-21 62
(503)731-4030 - Emergency
(971) 673-01 91
MAY 0 4 2009
(971 ) 673-0694 - FAX
LAFAyErrE 'ITY HALL (97 1) 673-0372 - TTY-Nonvoice
RECEIVED
Diane Rinlts
City Administrator, City of Lafayette
PO Box 55
Lafajrette, OR 97127-0055
Re: SW Loan Application #033003784
Dear Diane,
The Technical and Managerial Capacity review has been completed for the City of Lafayette
SW loan AppIication #033003784. A summary of the full report can be found on page 2 and
3. The DHS-DMP recommends that the following deficiency be made a condition of the loan
or funded by the lorn: in the area of technical capacity the City of Lafayette is required to
correct significant deficiencies at Lafayette Spring: spring boxes must be constructed of
--an impervious and durable material, a raw water sample tap must be installed and the
-spring boxes must have a watertight access hatch.
If you have any questions, please feel free to contact me at any time at (971) 673-0 191 or via
e-mail at carrie.l.gentr)[email protected].
TrnH
arrie Gentry
Regional Engineer &m&6nt
Department of Human Services
Drinking Water Program
cc: Jim Anderson, City of Lafayette
Michelle Bilberry, Oregon Economic &: Community Development Department
"kssisting People to Become Independent, Healthy and Safe"
An Equal Opportunity Employer
Water System Capacity Assessment Report
City of' Lafayette
SRF Loan Application 55033003784
April 28,2009
Concluctecl by: DI-IS-D1.inking Wates Program: Carrie Gentry
City oflafayette:
Diane Rinlts, City Administrator
Jim Anderson, Public Worlts Foreman
Con tell ts
Section
Capacity Assessillent Summary Results
Section I : Tecllllical Capacity
a. Water Source Construction & Protection
b. Water Treatment Facility & Treatment
Performance Standards
c. Water Source Capacity
d. Distribution System Capacity
e. Distribution Facility Construction
f. Distribution Systeln Leakage
g. Engineering Drawings of the Water System Facilities
h. Water Quality Monitoring & Compliance
i. Physical Security
Section 2: Managerial Capacity
j . Operator Certification
k.Organizational Structure
1. Orgallizational Co~nlnunication
m.Water Systeln Policies & Programs
11. Professional Engineering Services
o. Attorney Services
p. Record Keeping
q. Public Colnlllunication
r. Security Related Financial Concerns
Page
Capacity Assessment Suminas)/ Results
l~.:~ilc(l
Passed
(:i\i~gOry
Section I : ' I cch~iicalC:i~l)acity
No
Deficienc'jes
With
Project
Short Term
Deficiencies
I,oan
Conditions
M qjor
I)cficicllclc!;
J
M/nlcr sot~~'cc
co~lsl~'~~c't~o~l
~t131.oicctio1i
;I:
13:
M/;IICI. c~.c;lirncn~
Ii~cili~!'cons~1.uctio11
&
trcatmcilt 1,~1.l'or1iin11cc
si;~ntl;lrtls
J
c: Watc~.source capaci~y
4
d: Distribution systeln capacity
J
c: Distribution system Sacility const~.uctio~l
J
1': Dist~.ibutionsystcm Ical\agc
4'
g: Wakr system enginecrctl plans
4
11: Water quality & n~onitoringcompliance
4
i: I)liysical Security
J
Section 2: Managerial Capacil)'
-1: Opel.atol. certification
4
I;: Organizational structure
J
I: Organizational co~limunication
4
111:
Water systeln policies & programs
J
n: Professional engineering services
J
o: Attorney services
J
p: Record Iceeping
4
-J
q: Public communication
q: Security related financial considerations
J
Deficiel~ciesto correct as a condition of' a loan:
Technical Capacity:
Section l a :
The April 15"', 2009 water system survey deficiencies noted at
Lafayette Spring must be corrected.
SECTION 1: Technical Capacit;)!
a.
9
Water Source Construction and I'rotection
Issue 1 : Existing water sowces are coos~ructedand ~~rotected
according to the
requisen~entsof tlie Oregon Drinlti1.1gWater Rules.
Issue 2: Mrill this system be liltely to nieel water source construction ancl protection
-- require~~~elits
that are reasonably expected to be enacted within five years?
Several of the sources were existing and in use prior to plan review
requirements, including Lafayette springs, the City Parlc Well, Well #1 a n d
Well #2. T h e remaining sources were constructed or updated after plan
review requirements toolc effect in 1981.
There is one outstanding plan review from 2007 - Dayton/Lafayette Wells #2
and #5. T h e project should be complete sometime this year.
During the April 15"', 2009 water system survey, there were several
significant deficiencies noted a t the Lafayette spring area spring boxes.
These include the spring boxes not being constructed of an impervious,
durable material, no raw water sample tap and not having a watertight
access hatch.
Other water system survey issues include noted the lack of a screen over the
overflour a t Pringle spring; however, the operator has since installed one.
Additionally, the operator needs to verify that screened vents exist on each of
the wellheads.
Although the issues a t the Lafayette spring area are considered significant
deficiencies, they remain unenforceable until the Groundwater Rule takes
effect in December 2009. However, the City's Lafayette source will not meet
water source construction requirements a t that time.
A Source Water Assessment was completed in July 2003. T h e assessment
report notes that "the aquifer is highly sensitive in the immediate vicinities of
the Springs and Wells 1 and 2" and "the drinking water source is considered
to be susceptible to viral contamination".
The 2007 master plan noted that the City is required to develop a water
management and conservation plan. The City's plan is in process and has
been reviewed by the Water Resources Department.
Co~nnients:
The deficiencies noted a t Lafayette Spring must be corrected and will b e
considered a loan condition.
-
-
1Assessnzelzf: Passed with loan condition.
I,.
M ' i ~ t c ~ . ' I ' ~ - ~ i Facility
~ t ~ l l c ~Construction
~t
and Treatment Performance Stantlards
Issuc 1 :
'l'hc ncccss~~ry
water treatment facilities exist, are functional, and mcct thc
cons~ri~ction
and treatment performance standards.
Issuc 2:
Mli l l this s!~stc~iibe lil<elpto meet water treatment facility rcqui~*emcnts
that arc
~.casonablyccpccted to be enacted within five years?
Thc City of' Lafkyettc meets minimum monitoring and treatment
I-cquircmcnts t ~ this
t
time. T h c City is liltely to meet the minirnum
monitoring a n d water treatment facility requirements that are rcasori;~l,lc
expected to be enacted within five years. T h e City is awlarc o f t h e upcoming
Groundwater rule.
A CI'E has not been completed for the City, as it is a groundwater system.
Thc 2007 master plan noted that tlic Dsyton/Wellfield treatment plant hits
enough capacity for the proposed additional wells and the watershed control
building does not need to be increased to accommodate any additional
treatment, though part of the Well #2 and #5 project includes installation of
additional methane stripping equipment.
As.sessnse~tf:Passed with
110 deficiencies.
c.
Water Sourcc Cilpaciiy
Issue 1 :
Water source capacity is adequate to meel normal and peal<clema~nclsand the
water sjlstem meets the minimum required water pressure 0120 psi.
Issue 2:
Will this systelil be likely to meet water delnallcls that are reasonably exl~ected
within five years?
3
Listing of water rights for City of Lafhyette:
Source
I
Priority
Date
Quantity
Use
Status
Well I
10113/67
126 gpili
MU
Non-cancellecl
G-3856
Well 2
12/16/68
144gpm
MU
Non-cancelled
(3-4647
Well 8
3/23/99
MU
Non-cancelled
T-8 178
Well 10
3/23/99
MU
Non-cancelled
T-8 178
City Park Well
1213 1115
200 gpni
MU
Non-cancelled
GR-1492
Dayton/Lafayette
Wellfield Well #4
9/27/96
300 gpni
MU
Non-cancelled
Pringle Spring
3/14/24
337gpm
MU
Non-cancelled
,-I \Blue Bird Spring
1/13/37
296 gpm
MU
-- 'Lafayem Spring
4/23/58
37 gpm
Doug Nelson
Spring
4/23/58
DaytonILafayette
Wellfield Well #2
Certificate
Permit
Application
G-4 108
7'-8 178
(3-4724
T-8 178
(3-13839
G-14386
6135
S-6230
S-94 1 6
Non-cancelled
16623
S-12598
S- 16746
MU
Non-cancelled
35699
S-25666
S-32284
37 gpm
MU
Non-cancelled
35699
S-25666
S-32284
9/27/96
300 gpm
MU
Non-cancelled
(3-13839
G-14386
DaytonILafayette
Wellfield Well #5
9/27/96
300 gpin
MU
Non-cancelled
G-13839
(3-14386
Well 6
411 0184
1 12 gpm
MU
Non-cancelled
G-10399
G-1 1257
Well 7a&b
411 0184
220 gpni
MU
Non-cancelled
G-10400
G-11258
Collilne~lts:
The water right for Wells #8 and #10 fall under the same usage as Wells #1
and #2 (i.e. - the total gprn from all four wells must not exceed the allowlable
gprn for Wells # I and #2).
The follo~ringwater sources are currently inactive: Doug Nelson Spring,
Well #6 and Well #7. The DaytonlLafayette Wellfield Wells #2 and #5 a r e
currently in the plan review process (conditional approval). Well #2 is t h e
City of Lafayette's and Well #5 belongs to both Dayton and Lafayette.
I Iisforical ticni;tntl for the water system:
Date
(MMArY)
Sourcc
( 'o11117incclso~lr.ccs
3005
Peak Demand
313
Excccd M1iltcr Itigt~f
(l'/N)
N
Thc peak tlcmand figures werc provided by the City.
Thc water rights for the Cify of Lafayette allow for a total of 2,409 gpm.
Water source capacity is not currently an S R F project. Water source
capacity is listed in the 2007 master plan. The master plan noted that thc
firrn water supply (what the sources can actually produce) is less than thc
average daily demand and future demand is likely to cause shortages. Even
with the additional wells proposed in the master plan (Wells #2 and #5), the
master plan stated that the firm supply will barely be able to meet average
daily demands once the subdivision that was being proposed a t the time was
completed. Once the planned 2.2 MG reservoir is constructed, it should help
provide s buffer between demand and supply. The reset-voir project is not a
current SRF prosect, but the City should pursue funding and construction of
the reservoir.
The water system currently has plans approved to drill Wells #2 and #5 in
the Dayton/Lafayette Wellfield. Thc project is underway and should be
completed in 2009.
The City is also exploring the possibility of Aquifer Storage and Recovery
(ASR), taking flow from the Blue Bird Spring and pumping it into Well #lo.
The ASR project is listed as an option in the 2007 master plan.
The master plan also noted that the City should explore a regional water
supply system.
The minimum pressure of 20 psi is maintained. There are no records of
complaints about pressure problems, other than in the case of line breaks.
Assessm.ent: Passed with no deficiencies.
cl.
-i
Distribution System Capitcity
Issue 1 : Water storage, pumping, and distribution facilities have adequate capacity to meet
normal suld peak demands maintaining the minimum requisecl wales pressure o r
20 psi.
,
Issue 2:
Will this syslein be liltely to med water storage, pumping, and distribution facility
expected within five years?
water demands that are reaso~~ably
Is there current storage ca1,acity sufficient to provide enough storage during peak
dem and?
Future capacity is a project that is aclclressed in the 2007 master plan.
The master plan notes that some portions of the system do not have adequate
capacity to maintain 20 psi under fire flow conditions and could not deliver
fire flows to the core area oftown.
There are no complaints regarding low pressure conditions other than when
a line brealc occurs and 20 psi is maintained.
The proposed SRF project should address some of the pressure conditions
for fire flow. According to the master plan, increasing the transmission line
size from 10" to 16" from the reservoir in the watershed to town should allow
for appropriate fire flows, along with construction'of a 2.2 million gallon
reservoir a n d additional water supply (i.e. - 2 wells currently in process).
The master plan also noted 'a storage deficit of approximately 2.2 million
gallons by 2026, with an approximate 1.3 million gallons being t h e current
deficit.
Assessmerzt: Passed with project.
e.
Distribution Facility Construction
Issue 1 :
Existing water storage, pumping, and distribution facilities are structurally sound
and meet the collstruction requiren~ents.
Issue 2:
Will this system be liltely to llleet the water storage, pumping, and distribution
facilities requirer~nentsthat are reasonably expected within five years?
There are no outstanding plans or projects related to the distribution
facilities.
A good portion of the transmission line is AC pipe. The SRF project to
replace the transmission pipe will reduce the possibility of asbestos
contamination in the distribution system. T h e City has not had a n asbestos
detection; however, the City wras never set u p on an asbestos sampling
o
'oI~/~III(o(/
schetlulc. T h c City will be taking its first distribution si~mplcfor ;ishestos
this ycilr.
According the 2007 master plan, the current reservoir was inspected scvcr;il
years itgo. Rust was noted outside and inside of the reservoir, inclutlirig o n
tlic ceiling. T h e inspection also noted that the coating appeared to hc
dc1;tminating in several areas. These a r c repairable issues; howeve~.,t h c
system woultl need the new reservoir online bcforc irttetnpting a11~'repairs.
f'.
1)istrihution System Lctlltage
Issue I :
Water distribution systein leakage does not exceed 25%.
Issue 2:
\Jill
this systelm be likely to meet or exceed this standard within five years?
According to the 2007 master plan, the distribution system leakage \Ifas
calculated to be 23.5%. However, this figure was determined only from iln
average of the 2005 data and did not include baclcwash water or unmctered
services (i.e. - tank trucks, construction, fire hydrants).
T h e most recently calculation by the water system showed a lealtage rate of'
12'!4/;,,based on production data and meter billing information.
100'Yn of the water system is metered. Meters are read by water system staff
monthly.
Much of the transmission and distribution piping for the City is PVC pipe;
however, the distribution system also contains AC and ductile iron pipe. The
age of the pipes varies; however, approximately 95%) of the piping is less
t h a n 10 years old (with the exception of the transmission piping).
No problems regarding Iealtage were identified in the water system survey
a n d leakage issues a r e not a p a r t of the S I W application.
Assessme~zt:Passed with
g.
110
deficiencies.
Engineering Drawings of the W a t e r System Facilities
Issue 1 : The water system has current as-built engineering drawings of the distribution
system.
T h e water system has current engineering drawings of the more recent
facilities.
Engineering drawings Itepl up-to-clate as changes a r e maclc to t h e
distribution system. Thc drawings include information on pipe size, type and
location.
Engineering drawings will be updated with this construction project. I'art of'
the project includes GIs updates to the City's asset management program.
A master plan is required for a s y s t e ~ nthe size of Lafayette. T h e most recent
master plan was completed in February 2007 by Westech Engineering.
There is no engineering feasibility study for this project as it is a project
recommended in the 2007 master plan. T h e City has no plans currently
under review.
Assessnzerzt: Passed with no deficiencies.
h.
Water Quality Monitoring and Compliance
Issue 1 : Has this water system been in violation of the water quality standards or
monitoring requirements in the last twelve months?
Issue 2:
Will the water system improvements significantly reduce the likelihood of repeat
violations in the next five years?
A review of the monitoring record f o r the City of Lafayette.
(A = Entry Point AIEntqr Point from Reservoir)
(C = Entry Point CiCity P a r k Well)
Chemicals
Next Report
Monitoring
Last Reported
Baseline
Due
Compliance
Status
1x1 colll]sliallce
Coliform
4 sarnpleslmontl~
April 2009
May 2009
Inorganics
I Ievely 9 years
A: October 2000
C: July 200 1
A: October 2009
C: July 201 0
111 co~llplia~lce
LeadICopper
I Olevely 3 years
December 2007
June 1"September 30th
2010
In co~llpliance
annually
A: August 2008
C: August 2008
A: August 2009
C: August 2009
I11 co~llplia~lce
Gross Alpha,
Uraniuni and
Radiuin 2261228:
December 2003
Gross Alpha,
Deceln ber 20 12
Uranium and
Radium 2261228:
December 2009
111 c o ~ l ~ p l i a ~ ~ c e
Nitrate
Radiological
Gross Alpl-ra:
]lever)/ 9 years
Uranium and
Radium 2261228:
I/ever)/ 6 years
I /c'\~cI.!/3 years
May 2008
May 30 I I
In compliance
SM1'I'K
n/a
n/a
n/a
nla
v (x's
I tc\lery 3 ycars
M a y 2008
May 20 1 I
In coml'liuncc
1112
n/a
1i/a
nla
S( )('s
1Inr.cgulatccl
SoC:s/v~~C:s
The City of Lafayette still has asbestos cement pipe in the distributio~~
system, so an asbestos sample is required once every 9 years. Thc next satnple
is due in 2009.
'I'hc CiQ1 had one monitoring violation in the last 12 months for colif'orm.
Thc City was late in turning in one of the four required coliform sample
results for March 2008, resulting in a minor violation.
There are no current monitoring enforcements. Thc 2004 enforcement for
monitoring of nitrate has long since been resolved.
The City has not had any water quality violations in the last twelve months.
The last water quality enforcement for the City of Lafayette was for a 1995
Lead and Copper exceedance. The City achieved compliance in February
2004.
The SRF project proposed does not address any of the above monitoring or
water quality violations. The violations noted above have been resolved.
Thc City has a written coliform sample plan. The 2009 water system survey
noted that a site map was not a part of the sample plan; however, the
operator has already included one in the sampling plan.
Assessment: Passed with no deficiencies
i: Physical Security
The City has a plan to protect its facilities and has basic physical security
components such as door locks and fencing.
T h e City has a policies & procedures manual, and it includes security related
information. Security related training is available to t h e operator.
Critical facilities and components are inspected as par1 o f t h e operator's
daily routine. The operators Icnow the location of' existing hydrants and
valves.
Abandoned intalccs and wells have been properly removed from service.
Chemicals a r e properly stored and chemical usage is tracltecl. T h e entire
staff is properly trained in the location and use of'saf'ety ecjuipment.
The system has talcen measures to inlprove security, including recently
installing a loclc on a spring box lid that was missing.
Written procedures for operating the system a r e in place and a r e updated
regularly. The City has procedures for handling new1& former employees.
The City receives information about State security programs through the
Pipeline newsletter.
The City communicates regularly with state & local officials, including law
enforcement, on security matters and has established a good working
relationship with local emergency response and local health agencies.
The portion of the water system that is in town is routinely patrolled by local
law enforcement, and the local law enforcement personnel know whom to
call a t the system in an emergency.
The operators know whom to contact in the event of an emergency, and t h e
City maintains a written list of contacts in the emergency response plan. T h e
City has a communication plan to alert customers to a natural o r intentional
threat to public health.
The City works with citizens to promote security awareness. T h e resident at
the entrance to the City's watershed contacts the City as needed.
The City administrator has taken several security related courses online.
Assessnzeizt: Passed with 110 deficiencies.
l SSLIC I :
Iloes this water. system meet the operator certification requiremenls?
7'hc ce~.tificationlevel rcq uirements for the City of' Ls~f'aycttc:
Level Requirccl
Chtegor!
nla
Filtration Endorsement
I
required
Cross Connection Inspector
Certified operators for the City of' Lafayettc:
Operator Name
Iioy LoStis
Water
Distribution
Water
Tseatmenl
Filtration
Endorse~nent
2
2
n/a
Cross Connection
Inspector
Meets I-equiredcerti fication level for water system.
Facts about the operators meeting the required certification level:
I
I
I
Operator Name
Jim Anderson
Roy Loftis
A:
*
I
Certification(s)
Certification
Nun~ber(s)
Years Experience at
Certification Level
D2/T1
D-2835, T-2835
Approx. 10 years
D2lT2
D-526 1, T-526 1
> 10 years
Indicates the operator in responsibIe charge for this part of the water system.
There a r e financial incentives to encourage operators to become certified or
go to the next level of certification. The City pays for training and
certification testing. If the operator in responsible charge quits, the City has
one other operator a t the appropriate level.
Comments:
There a r e two other operators with the water system: J a c k Grell and Steve
Schilhanek. Jack and Steve are not certified at this time but are working
towards becoming certified.
Assessmeizt: Passed with no deficiencies.
I<.
Organizational Strilcturc
Issue 1 :
What is the organizalional structure for this water system?
The organizational structurc f'or the City includes a city council, mayor a n d
city aclministrator.
T h e City council has 7 members - six on the city council plus the mayor. T h e
term length f o r the mayor is 2 years, while the council melnbers havc 4 y e a r
terms. T h e terms are staggered. Five council members are new, one has
more than 11 years of experience and one has about four years of' experience.
Responsibility for water system issues falls on the city administrator.
Meetings a r e held a t least once a month, with an optional second meeting
available. Jim takes new council members on an orientation tour.
Assessnzerzt: Passed with no deficiencies,
1.
Organizational Communication
Issue 1:
What is the co~nlnunicationlinkage between the operator and the organization?
The communication linkage between the operator and the council is through
the city administrator, Diane. S h e has 21 years of experience, a n d regularly
meets with public works staff. Public works in a regular agenda item f o r
Council meetings. Jim prepares a formal report for the council a n d meetings
a r e open to the public.
Assessnzent: Passed with no deficiencies.
m. Water System Policies & Programs
Issue 1 :
Organization bylaws or Board governance policy
T h e City has a city charter, most recently amended in 2002. A new c h a r t e r
was proposed recently through the voter initiative process, b u t failed by a
wide margin.
Issue 2:
Written Personnel Policy
T h e City has a written personnel policy, created approximately 10 years ago.
T h e policy requires personnel to report unsafe w o r k conditions. T h e policy
was updated in 2008.
,- I
Issue 3 :
Written Emergency Response Plan
T h e City of Lafayette has a written emergency response plan, written in
2003. '1'11~ most recent water system survey noted that thc list of'contitcts
sliorrlt! br updated, with the phone numbers for the contacts clearly
tlispliiyccl.
The City's water conservt~tionprogram was updated in 2005. Thc progriim is
necessary clue to summer demands. There a r e several levels of' restrictions
that start with oddleven watering days.
Issiic 5: SOUI'CC
watcr protection progl-ail?
T h e City of Lafayette has not developed a sourcc water protection progritm.
Issuc 6:
Mlatcr Systcm Operations Manual
01.
policy
T h e City has a written system operations manual, written in 2006 and
updated in 2008.
Issue 7:
Cross Connection Program
The City has a cross connection program. T h c i1uthorit;)l for the program is
found in section 4.300 of Lafayette Code, established in 1996. T h e City
requires devices to be tested annually. T h c written plan is found in thc City's
ordinance. T h e Annual Summary Report was recently completed for
previous year.
As~essnzet~t:
Passed with no deficiencies.
n.
Professional Engineering Services
Issue 1 :
Does this water syste~nroutinely engage tlie services of' a professional engineer?
The City retains Westech Engineering to provide engineering services.
Denny Muchmore is the project engineer. Westech has provided services for
about 14 years. T h e City utilizes client service agreements for projects.
Assessmeutt: Passed with
110 deficiencies.
o.
Attorney Services
Issue I : Does this water system routinely engage the ser~licesof an attorney?
Sincc 2002, the City has retained Jordan Schrader and Ramis to provide
legal services. Andy Jordan is thc City's main contact. T h e contrzlct is
ongoing.
Assessme~zt:Passed with no deficiencies.
p.
Record Keeping
Issue 1 :
Cossespondence
W a t e r system correspondence is kept a t both City Hall a n d the city shops.
Correspondence is ltept indefinitely, and is lcept by both Diane and Jim.
Correspondence is copied to affected employees. Plan review correspondence
is ltept by Diane a t City Hall.
Issue 2:
Water System Operating Records
W a t e r system operating records a r e kept by Jim a t the city shops. Operating
records a r e kept indefinitely, and a r e kept by Jim.
/-
--
-<,
;.-)
Issue 3 :
Brater Quality Test Records
W a t e r quality test records a r e kept by J i m at the city shops. W a t e r quality
tests are kept indefinitely, and a r e kept by Jim.
Assessmerzt: Passed with no deficiencies.
q. Public Communication
Issue 1 :
Does the water systenl co~nmunicateperiodically with its water users on water systenl
issues?
Issue 2: Is there a mecl~anismfor public in~lolvementin water systenl issues?
Water users remain informed about water system issues through inserts on t h e
monthly bills, the City's website, or the annual CCR. Formal communication
occurs a t least annually. Special informational mailings occur as needed. T h e
most recent Consumer Confidence report was sent to the water users.
Regular City Council meetings a r e open to the public and the public can
participate.
(:ostomer complaints a r e handled either through a formal worli ortlct. process or
p;~sscdon to ,Jim via phone. If the formal work order process is used, recol-ds of'
compli~intsilrc ltept indefinitely at City Hall.
'The wli~tcn-system rates cover the cost of'sccuritjl planning anti response ncetls,
iintl the rates are reviewed at least annually.
Thc City's budget does not include a specific line item for resources for assessing
\~ulnerabilitiesand planning for emergencies, however, the budget includes
contingencies. T h e budget also itlcludes resources for staff training but not
specifically for security matters.
T h c City docs not producc and use a capital improvement plan that specifically
includes security upgrades and components.
T h c City has reserve funds available in the event of an emergency.
TJlc City's budget does not include funds to communicate with thc public to
promotc security awareness.
The City's budget does not include funds to develop and implement a
co~nmunicationsplan to alert customers in a n emergency, as the City already has
a system in place.
As,sc.~.~i~ient:
I'assed with no deficiencies.
Page
CITY OF LAFAYETTE
5/6/2009 8:13am
I
-
Accounts Payable Check Register Report FIRST FEDERAL SAVINGS & LOANFor The Date Range From 4/1/2009 To 4/30/2009
-
For All Vendors And For Outstanding, Cleared Checks Computer Generated
....- .. .. .
eCheck ID
Type
Date
Vendor
I
Amount
Name
T ~ B-CLI ~ ./ C~O ~ R b;anef
+ ~
/? gf~/L!b
status
/
20573
c
4/15/2009
1302 A T O z PARTY RENTAL
20574
C
411512009
1219 ADAM BEST
20575
C
4/15/2009
165 AIRGAS - NOR PAC, INC
20576
c
4/15/2009
~I~GARYB~GG~~LIIL~,N
20577
C
4/15/2009
383 BOUND TREE MEDICAL, LLC
20578
C
4/15/2009
20579
C
4/15/2009
20580
C
4/15/2009
11 09 JACK GRELL
20581
C
4/15/2009
445 LORI LABB
20582
C
4/15/2009
797 ROY LOFTIS
20583
C
4/15/2009
400 TRENA MCMANUS
20584
C
4/15/2009
718 JAMIE RHODES
20585
C
4/15/2009
687 DIANE RINKS
20586
C
4/15/2009
108 ERICKSON'S AUTO PARTS
20587
C
411512009
C
4/15/2009
785 HEATH BACKFLOW TESTING
C
4/15/2009
616 ITT WATER & WASTEWATER USA
C
4/15/2009
649 JORDAN SCHRADER ATTORNEYS AT LAW
20591
C
4/15/2009
124 KAMPH ROCK CRUSHING CO.
20592
C
4/15/2009
11 L.N.CURTIS & SONS
20593
C
4/15/2009
61 LAFAYETTE VOLUNTEER FIRE DEPT.
20594
C
4/15/2009
13 WELLS FARGO BUSINESS CREDIT
20595
C
4/15/2009
244 LITTLE FIRE EQUIPMENT
20596
C
4/15/2009
695 LOWE'S COMPANIES, INC.
20597
C
4/15/2009
188 MCMlNNVlLLE GAS, INC.
20598
C
4/15/2009
07)
rs90.00
o
$17.00
0
0
1303 CANDACE DAYTON I)nLjn/
$34.71
0
'5 km~
[DLIK$/ $72.46
0
$6.78
0
$826.00
0
$336.00
0
$599.93
0
$2,445.50
0
$271.48
0
FUND
416 JAMES G. ANDERSON
5
4
7
1116 GREAT WESTERN SWEEPING INC
31 NEWS-REGISTER
849 NEXTEL COMMUNICATIONS
15 NW NATURAL
57 OCE IMAGISTICS
488 OREGON DEPT OF REVENUE
994 OREGON JUDICIAL DEPARTMENT
481 PORTLAND GENERAL ELECTRIC
11 02 SCHULZ CLEARWATER SANITATION
156 SEAWESTERN FlRE APPARATUS & EQUIP.
22 STAPLES CREDIT PLAN
CITY OF LAFAYETTE
5/6/2009 8:13am
-
Accounts Payable Check Register Report FIRST FEDERAL SAVINGS & LOAN.
For The Date Range From 4/1/2009 To 4/30/2009
-
For All Vendors And For Outstanding, Cleared Checks Computer Generated
Check # I
eCheck ID
Amount
I
Status
0
20608
Type
C
Date
411512009
20609
C
411512009
20610
C
4/15/2009
44 WESTECH ENGINEERING, INC.
20611
C
4/15/2009
5 WESTERN OREGON WASTE
20612
C
4/15/2009
45 HSBC BUSINESS SOLUTIONS
20613
C
4/15/2009
206 14
C
4/15/2009
34 YAMHILL COMMUNICATIONS AGENCY
0
20615
C
4/15/2009
39 YAMHILL COUNTY PUBLIC WORKS
0
20616
C
4/15/2009
40 YAMHILL COUNTY SHERIFF
0
20617
C
4/15/2009
910 YAMHILL COUNTY TREASURER
20618
C
4/15/2009
856 GSI WATER SOLUTIONS
20619
C
4/15/2009
20620
C
4/30/2009
20621
C
4/30/2009
20622
C
4/30/2009
383 BOUND TREE MEDICAL, LLC
20E
C
4/30/2009
907 CALICO PRINTS
20624
C
4/30/2009
20625
C
4/30/2009
20626
C
4/30/2009
1053 COPY CATS
20627
C
4/30/2009
1059 DE LAGE LANDEN PUBLIC FINANCE
20628
C
4/30/2009
179 EMPLOYEE BENEFIT INSURANCE TRUST
20629
C
4/30/2009
445 LORI LABB
20630
C
4/30/2009
400 TRENA
20631
C
4/30/2009
718 JAMIE RHODES
20632
C
4/30/2009
171 FASTENAL COMPANY
20633
C
413012009
186 FARM PLAN
20634
C
4/30/2009
20635
C
20636
Vendor
Name
48 UNITED PIPE & SUPPLY CO. INC.
$231.34
0
9 VERIZON
0
$405.62
0
0
1260 XTREME NETWORK SOLUTIONS LLC
1, ;fl&
- Tfln
1018 DICK WELKER CONSTRUCTION INC
79 ALEXIN ANALYTICAL LABORATORIES
1307 ALICIA & CRAIG WITHNEE
0
~e&afil
IJTIL
83 CASCADE COLUMBIA DISTRIBUTION COMPANY
$222.00
0
$1,799.04
0
$1 1,062.60
0
$1,292.00
0
$37.24
0
$1,573.40
0
$72.00
0
$807.25
0
344 CITY OF CARLTON
0
0
BL)\
\c\:;
MCMANUS M
~ooES
$315.00
0
$10,136.26
0
$85.85
0
$30.80
0
f~li\e
0
$139.85
0
$16.04
0
671 G & S MAINTENANCE, INC.
$187.00
0
4/30/2009
118 HACH COMPANY
$121.01
0
C
4/30/2009
1304 HARVEST FRESH
$1,55o.oo
0
20637
C
4/30/2009
$1 50.00
0
20638
C
4/30/2009
1184 INTEGRA TELECOM
$891.98
0
20639
C
4/30/2009
11 L.N.CURTIS & SONS
$1 ,I
10.00
0
20E
C
4/30/2009
20641
C
4/30/2009
20642
C
4/30/2009
c&+tv; 4- iL
(CO u~z.9
%
785 HEATH BACKFLOW TESTING
0
938 LEHMANN PEST CONTROL
"k\i% r t h V d MCMlNNVlLLE SCHOOL DISTRICT c,Ex 4 # ~ 6 . ~ 7
1306 MARGOT MURPHY
261
J
0
$1,330.56
0
CITY OF LAFAYETTE
5/6/2009 8:73am
Page
3
-
Accounts Payable Check Register Report FIRST FEDERAL SAVINGS 8, LOANFor The Date Range From 4/1/2009 To 4/30/2009
-
For All Vendors And For Outstanding, Cleared Checks Computer Generated
eCheck ID
20643
Date
Vendor
I
Amount
l~ame
Type
C
4/30/2009
382 MID WILLAMETTE FIRE INSTRUCTORS ASSN
20644
C
4/30/2009
136 MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS
20645
C
4/30/2009
1305 NORTHWOOD SIGNS
20646
C
4/30/2009
1118 DHS HEALTH SERVICES
20647
C
4/30/2009
801 OREGON DEPT OF ENVIRONMENTAL QUALITY
20648
C
413012009
149 PETTY CASH
20649
C
4/30/2009
481 PORTLAND GENERAL ELECTRIC
20650
C
4/30/2009
511 PITNEY BOWES INC
20651
C
4/30/2009
20652
C
413012009
20653
C
4/30/2009
26 UNITED SYSTEMS TECHNOLOGY
20654
C
4/30/2009
46 POSTMASTER-USPS
20655
C
4/30/2009
20656
C
4/30/2009
20657
C
20E
status
$100.00
0
325 WESTERN WASHINGTON COUNTY TRAINING ASSN.
$60.00
0
4/30/2009
482 AFLAC
$42.10
0
C
4/30/2009
587 ING- STATE OF OREGON PLAN
$100.00
0
20659
C
4/30/2009
687 DIANE RINKS
$132.95
0
20660
C
4/30/2009
713 CONSTRUCTION AND GE ERAL LABORERS' UNION
$211.74
0
20661
C
4130/2009
$20.00
0
20 QUILL CORPORATION
1216 TESTAMERICA LABORATORIES
9 VERIZON
1308 STEVEN TRUNDE
If
& )r&?r'h.,bllT~~&L&.//VL
7 RCC
f ~ b;C
l
&S
rt;mb~r . . e ~ ~ e b &
Total
$110,380.19
(
CITY OF LAFA YETTE
Payroll Check Register
For The Date Range From 4/1/2009 To 4/30/2009
For All Employees A n d For Outstanding, Cleared Checks
Check No.
Date
Transaction Type
Name
Amount
Status
10548
413012009
ANDERSON, JAMES G.
Check
$2,358.15
0
10549
413012009
GRELL, JACK H.
Check
$1,720.61
0
10550
4/30/2009
LABB, LORI A.
Check
$1,396.33
0
10551
413012009
LOFTIS, ROY L.
Check
$2,206.07
0
10552
4130/2009
LUCICH, N. TERRY
Check
$1, I 17.59
0
10553
413012009
MCMANUS, TRENA D.
Check
$2,065.92
0
i
10554
4130/2009
RHODES, JAMIE D.
Check
$1,539.53
0
10555
413012009
RINKS,DlANEJ.
Check
$3,714.95
0
10556
413012009
SHILHANEK, STEVEN N.
Check
$1,671.67
0
Total
$17,790.82
RECElVED
APR 3 0 2009
~ F A Y E CITY
~TE
HALL
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
Client Summary
As of April 30, 2009
Current
Over 30
Over 60
Over 90
Total
Lafayette, City of I Dayton Joint Water Project (47514-32998)
173.00
0.00
0.00
0.00
173.00
0.00
0.00
0.00
346.40
0.00
0.00
0.00
2,151.36
0.00
0.00
5,068.58
Lafayette, City of 1 Election Law Violation (47514-38124)
252.02
Lafayette, City of I Franchises (47514-32463)
936.00
Lafayette, City of I General (47514-32383)
1,209.80
Lafayette, City of 1 Paddock LUBA Appeal (47514-37793)
346.40
Lafayette, City of ISewage Facility (47514-32514)
2,151.36
Grand Total
5,068.58
0.00
P.0. Box 230669 Portla~idOR 97281 Plione: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598.7070 Federal I.D. 93-0609274
13nl:111cedue uporl rcceipt. Latc cl~al.geswill be assessed or1 pas1 due accounts.
YIZ)
STATEMENT
Account No: 47514-32998
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 12
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
IDayton Joint Water Project
RE: Lafayette, City of
For legal services through April 15, 2009
Date
Professional Services Provided
Staff
Hours
3/3112009
E-mail from and to Diane Rinks regarding intergovernmental
agreement with City of Dayton.
JDG
0.20
36.00
4/1/2009
Telephone conference with Diane Rinks regarding execution of
intergovernmental agreement; review and execute same.
JDG
0.60
108.00
41112009
Analyze status of intergovernmental agreement approval; facilitate
execution and return of LafayettelDayton intergovernmental
agreement.
MJM
0.20
Total Current Services: $
Fee
173.00
Payments
1111512008
Payment
108.00
Ck. # 20180
Sub-total Payments:
108.00
Two CenterpoinLe Drive, 6111 Floor Lake Oswego, OR 97035 Plio~ic:503.598.7070 Fax: 503.598.7373 Toll Frce: X88.598.7070 Federal Tax 1.D. 93-0609274
I3aIa1lce due up011 receipt. Late charges will bc assessed on past duc accounts.
Account No. 47514-32998
Page: 2
Trust Balance
$
0.00
SUMMARY
Previous Balance
108.00
Less Payments Received
108.00
Balance Forward:
Current Services Provided
173.00
Current Costs Advanced
0.00
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
$
173.00
$
173.00
Two Centerpoinlc Drivc. 6th Floor Lake O s ~ c g oOR
, 97035 Phone: 503.598.7070 Fas: 503.598.7373 Toll Free: 888.598.7070 Federal Tas I.D. 93-0609274
1i:ll:lncc duc
I I ~ I U I I~xccipt.Lstc
cl~:~rgcs
will bc :isscsscd
011 past
due accounts.
STATEMENT
Account No: 47514-381 24
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 13
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
RE: Lafayette, City of
1 Election Law Violation
For legal services through April 15, 2009
Professional Services Provided
Strategize regarding cost, timing and scope of work associated
with potential request for administrative hearing on election
violation matter (NO CHARGE).
Staff
SLS
0.40
0.00
4/8/2009
E-mail Trena regarding elections law violation appeal rate (NO
CHARGE).
CLP
0.20
0.00
4/14/2009
Analyze complaint filed against the City staff; compile contested
case procedures and election complaint documentation for
hearing.
MJM
1.20
174.00
411512009
Consider issue regarding appeal of election violation.
EAJ
0.40
72.00
411512009
Open file; conflicts check and related matters (NO CHARGE).
MJM
0.40
0.00
411512009
Consider issues involved for hearing (NO CHARGE).
CLP
2.60
0.00
Date
4/3/2009
Hours
Fee
~ o t aCurrent
l
Services: $
246.00
Necessary costs advanced by Jordan Schrader Ramis
Long Distance Telephone
Photocopies - General
Total Costs:
$
Two Cen[erpoill[e Drivc, 6111 Floor Lake Os\\fego,OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 7'011 Frec: 888,598,7070 Federal l'as I.D. 93-0609274
I3illi111ccdue up1111receipl. L:~lccl~arges\\'ill bc assessed on past duc :~cco~lnls.
6.02
Account No. 47514-38124
Page: 2
Trust Balance
$
0.00
SUMMARY
Previous Balance
Less Payments Received
Balance Forward:
Current Services Provided
246.00
Current Costs Advanced
6.02
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
$
252.02
$
252.02
'I'wo (Icn~crl1oinLcIlri\'c. 6111 l'ltror I A c Os\\,ego. Ol< 97035 I'llone: 503.598.7070 Fas: 503.598.7373 Toll Frec: 888,598,7070 Federal l'as I.D. 93-0609274
I$;lIilllcc cluc
UllOll
receipt. 1,:ltc cllal.gcs
tr8ill bc
asscssed on past duc :~ccoullts.
STATEMENT
Account No: 47514-32463
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 14
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
RE: Lafayette, City of
/ Franchises
For legal services through April 15, 2009
Date
3/24/2009
Professional Services Provided
Begin project to evaluate code sections dealing with franchise
agreements.
3/25/2009
Staff
Hours
WAM
2.00
Telephone call from City Manager Diane Rinks regarding PGE
contact regarding franchise agreement; review options to develop
memorandum to council on options to address privilege tax or
franchise renewals.
WAM
0.80
3/31 '"709
Continue review of City code sections related to utilities and
franchises; review model ordinances for right-of-way; prepare letter
to City Administrator Diane Rinks with options.
WAM
2.00
4/9/2009
Telephone call from City Administrator Diane Rinks regarding our
franchise agreement memorandum and options.
WAM
0.40
Total Current Services: $
Fee
360.00
72.00
936.00
Payments
111512009
Payment
Ck. # 20350
Sub-total Payments:
123.00
l'wc~C:cliierl)o~~ilc
I > r ~ \ ~0~11
c . 1-loor I-akc Os\\,cgo. 01<97035 Plionc: 503.598.7070 Fax: 503.598.7373 Toll Frce: 888.598.7070 Federal T a s 1.D. 93-0609274
Ii:~I:~ticc
duc up011 1.cccipl. L:ltc clli~rgesrvill bc :lssesscd or1 past due i~ccourlts.
I( )ltlJAl,: 5 1 , l llG'.lJl
I < lJ.i\~\41, 1'1
Page: 2
Account No. 47514-32463
Trust Balance
SUMMARY
Previous Balance
123.00
Less Payments Received
123.00
Balance Forward:
Current Services Provided
936.00
Current Costs Advanced
0.00
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
$
936.00
'I'wc) Cenlerpo~nLcDrivc. 6Lli I'lool. Lakc Os\vepo: OR 97035 I'lio~ic: 503.598.7070 Fas: 503.598.7373 Toll Free: XS8.598.7070 Federal T a s I.D. 93-0609274
1ial:lncc duc up011 receipt. Late cl~a~.gcs
will bc asscssed
UII
p:~stdue accoullts.
Account No: 47514-32383
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 15
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
RE: Lafayette, City of
/General
For legal services through April 15, 2009
Fee
Professional Services Provided
Analyze Secretary of State decision regarding election violations;
phone conference with Diane regarding same.
Staff
Hours
EAJ
0.80
311912009
Analyze and distribute notice of proposed civil penalty and
opportunity to request hearing pertaining to Darrell Flood
complaint of election law violation regarding initiative petition;
follow up with counsel.
MJM
0.40
3/23/3009
Consider issue regarding charter interpretation; phone conference
with Diane regarding same.
EAJ
0.60
108.00
3/27/2009
Review e-mail from Planner Jim Jacks regarding allowing a hearing
for limited land use actions; provide response by e-mail.
WAM
0.20
36.00
4/1/2009
Finalize letter to Diane Rinks regarding franchise agreements for
the City of Lafayette; analyze e-mail from Trena regarding her
appeal of decision of elections division.
MJM
0.40
4/1/2009
Telephone call to client for pages needed to complete Code and
update same (NO CHARGE).
MJM
0.20
4/1/2009
Finalize letter to Diane Rinks regarding franchises; respond to
e-mail from Ms. Rinks with status of LUBA case and appeal rights
of participants.
WAM
0.20
36.00
4/3/2009
Phone conference with Trena regarding appeal of elections law
violation and regarding agenda for next Council meeting.
CLP
0.40
72.00
4/7/2009
Analyze status of elections violation appeal for Trena McManus
(NO CHARGE).
MJM
0.40
0.00
4/8/2009
Analyze status of election appeal; organize documentation (NO
CHARGE).
MJM
0.20
0.00
4/8/2009
Phone conference with Sam Justice and Lori Labb regarding Klock
violation.
CLP
0.60
4/9/2009
Analyze status of appeal hearing and coordinate hearing date (NO
CHARGE).
MJM
0.40
Date
311912009
144.00
Two CenlerpoinLe Drive, 6th Floor Lake Os\vego, OR 97035 Phone: 503.598.7070 Fax: 503.596.7373 Toll Free: 888.598.7070 Federal T a s I.D. 93-0609274
IiaI1111ce(Iue
U ~ O I Ireceipt.
Late cllargcs will be assessed or1 past due accounts.
J(.IIIUAI<
SCI-II~AIXIII ~ A M I SI'L
Account No. 47514-32383
Page: 2
MJM
0.20
0.00
Consider issues regarding building inspector contract and respond
to Diane regarding same; consider issue regarding building
setback violation.
EAJ
0.80
144.00
411 312009
Phone conference with Sam Justice regarding Klock violation;
discuss zoning of parcel with Lori Labb.
CLP
1.OO
180.00
411 512009
Prepare building inspection agreement.
EAJ
0.20
36.00
411 512009
Prepare intergovernmental agreement for building inspector
MJM
0.40
58.00
411 512009
Phone conferences with Sam Justice and Lori Labb regarding
Klock violation.
CLP
0.80
144.00
411 012009
Analyze e-mails from Trena and coordinate with Andy Jordan and
Cindy Phillips regarding hearing (NO CHARGE).
411 012009
E-mail to Trena regarding appeal of finding of violation (NO
CHARGE).
411 312009
1,I
82.00
Total Current Services: $
Necessary costs advanced by Jordan Schrader Ramis
27.00
Long Distance Telephone
Photocopies - General
0.80
Total Costs:
$
Payments
411 712009
Payment
Ck. # 20590
155.54
Sub-total Payments:
155.54
Two Ce~iterpointeDrive: 6th Floor Lake Oswepo, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598.7070 Federal T a s I.D. 93-0609274
13:1l:lrlce duc up011 receipt. Latc cllargcs \vill be assessed on past due accounts.
27.80
IOIUJAN SCI.IILAI>I:ICI<I\I~IS
I)<.
Account NO. 47514-32383
Page: 3
Trust Balance
SUMMARY
Previous Balance
155.54
Less Payments Received
155.54
Balance Forward:
Current Services Provided
1,I
82.00
Current Costs Advanced
27.80
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
'l'wo Ccn~erpoinlcI)ri\,c. 6tl1 I:loor I,al;e
$
I ,209.80
Oswego. OR 97035 I'hone: j03.598.7070 Fas: 503.598.7373 Toll Free: 888.598.7070 Federal 7'as 1.D. 93-0609274
li:~l;illcc due u p o ~
receipt.
~
Late cllsrgcs w i l l be ~sscsscd011 past due accourlts.
STATEMENT
Account No: 47514-37793
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 17
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
RE: Lafayette, City of
/Paddock LUBA Appeal
For legal services throi~ghApril 15, 2009
Date
Professional Services Provided
Analyze and distribute LUBA Final Opinion and Order affirming
City's decision.
Staff
Hours
MJM
0.60
Review LUBA decision; telephone call to Diane Rinks (left
message); send decision via e-mail to Ms. Rinks along with note
concerning next steps.
WAM
0.20
Telephone call from City Administrator Diane Rinks regarding
LUBA decision and options available to applicant and City;
discuss strategy.
WAM
0.40
Telephone call to attorney Ty Wyman regarding next steps in
appeal process.
WAM
0.10
Analyze status of appeal of LUBA decision and e-mails from Jim
Jacks regarding PUDs.
MJM
0.20
E-mail exchange with attorney Ty Wyman regarding whether the
LUBA case will be appealed to the Court of Appeals; copy client
with result.
WAM
0.20
Analyze e-mail exchanges regarding possibility of appeal of
decision.
MJM
0.20
Evaluate appeal status and follow up with counsel.
MJM
0.20
Fee
Total Current Services:
Necessary costs advanced by Jordan Schrader Ramis
Photocopies - General
10.40
Total Costs:
$
'I'\vo Cen~erpoi~itc
I)ri\,e. 6LIi I:loor I-t~kcOs\\fcgo. Of< 97035 I'honc: 503.598.7070 I'm: 503,598,7373 7'011 17rce;888.598.7070 Federal T a s 1.D. 93-0609274
fililr~lccd u e upoll receipl. Late c11;lrgcs\\'ill be rssessed or1 past due rcctrunls.
10.40
l ~ i ~ ) , ht
4 ~, I .I .IKAI!I
I,
I~\I+II..,I,(.
Page: 2
Account No. 47514-37793
Payments
411 712009
Payment
Ck. # 20590
87.18
Sub-total Payments:
87.18
Trust Balance
SUMMARY
Previous Balance
87.18
Less Payments Received
87.18
Balance Forward:
Current Services Provided
336.00
Current Costs Advanced
10.40
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
$
346.40
'f\\,o Cel~lerpoin!e Drivc. 6111 I-loor Lake Oswego, OR 97035 Phone: 503.598.7070 Fas: 503.598.7373 Toll Free: 888.598.7070 Federal Tax I.D. 93-0609274
13alaace due up011receipt. Late cliargcs will bc assessed on past due accourlts.
Account No: 47514-32514
Statement Date: April 25, 2009
Attorney: EAJ
Statement No: 541 18
Trena McManus
City of Lafayette
PO Box 55
Lafayette OR 97127
RE: Lafayette, City of
/Sewage Facility
For legal services through April 15, 2009
Date
Professional Services Provided
Staff
Hours
3/23/2009
Analyze correspondence and pleading from attorney Ped
regarding document subpoenas to multiple entities.
C KD
0.20
29.00
3/24/2009
Consider issues regarding subpoenas for employment records.
EAJ
0.20
55.00
3/25/2009
Telephone conference with Diane Rinks regarding discovery
requests and scheduled meeting in executive session with new
council; review and analyze subpoenas and consider objections.
JHB
0.60
165.00
31:
Strategize responses and objections to subpoenas served by
adverse attorney and position with respect to moving forward on
pleading issues.
JJH
1.OO
275.00
3/26/2009
Analyze correspondence and pleading from attorney Ped
regarding document subpoena to Tetra TechIKCM.
CKD
0.20
3/26/2009
Analyze subpoenas and law relating to scope of discoverable
documentation under a subpoena in preparation for conferring with
opposing counsel to prevent unneeded cost and expense of
reviewing irrelevant documentation requested by adverse attorney.
JJH
1.40
3/27/2009
Case calendar management for client meeting (NO CHARGE).
CKD
3/27/2009
Continued analysis of proper scope of subpoenas with respect to
request of City of Brownsville; strategize response to adverse
attorney and prepare e-mail response objecting to various
requests and notifying adverse attorney that we will file a motion to
quash if necessary.
JJH
3/30/2009
Consider e-mail from attorney Ped regarding status of subpoenas
and request for privilege log.
CKD
3/31/2009
Consider multiple e-mail between counsel regarding issues
pertaining to subpoena of employment records; analyze
correspondence from attorney Ped's office to multiple subpoena
recipients.
C KD
4/1/2009
Telephone conference with attorney Tom Ped regarding
subpoenas and conduct of the case.
JHB
709
Fee
385.00
Two Centerpoi~ilcDrive: 6lli I'loor Lakc Os\vego: OR 97035 Pliol~c:503.598.7070 Fas: 503.598.7373 Toll Free: 888.598.7070 Federal Tax I.D. 93-0609274
Ual:~l~cc
d u c u p u l ~receipt. Late cllarges will be ilssessed or1 p:nt due eccolrnls.
JC)IIUAI\'
SCI.II(AIII:I(
Page: 2
Account NO. 47514-32514
i<hh4IS I'C
4/1/2009
Phone conference with John Yarnall of Westech Engineering and
Blake Marchand of Pinnell Busch regarding subpoenas and the
need for them to send the requested documents to Jordan
Schrader Ramis to ensure that documents prepared for client in
preparation for litigation are not produced to the adverse party.
JJH
4/2/2009
Telephone conference with Steve Pinnell regarding response to
subpoena duces tecum.
JHB
4/3/2009
Analyze correspondence and pleading from attorney Ped
regarding subpoena upon Tetra Tech.
CKD
4/6/2009
Phone conference with Diane Rinks and Blake Marchand
regarding response to subpoenas (NO CHARGE).
JJH
4/8/2009
Phone conference with Westech and Pinnell Busch regarding
response to subpoenas (NO CHARGE).
JJH
4/9/2009
Consider e-mail from and to attorney Ped regarding review of
Pinnell Busch documents; receive Westech documents and
coordinate implementation of document control measures with
project assistant for future production.
CKD
4/9/2009
Prepare documents for production.
MEE
1 .'OO
50.00
411 012009
Respond to Westech Engineering's request to clarify whether
documents from subcontractors should be sent directly to adverse
attorneys.
JJH
0.20
55.00
0.80
220.00
Total Current Services: $
2,097.00
Necessary costs advanced by Jordan Schrader Ramis
Long Distance Telephone
Photocopies - General
Fax
Total Costs:
$
Payments
411 712009
Payment
Ck. # 20590
1,665.11
Sub-total Payments:
1,665.11
Two CenLerpoinlc Drive, 6111 Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 Toll Frec: 888.598.7070 Federal Tax I.D. 93-0609274
B a l a ~ ~ cdue
e up011 receipt. Latc cllarges will be assessed on past duc accounts.
54.36
J C ) I I U A IS~ C I . I I L A I . )II~~AI ~M I SI'C
Page: 3
Account No. 47514-32514
Trust Balance
SUMMARY
Previous Balance
1,665.11
Less Payments Received
1,665.11
Balance Forward:
Current Services Provided
2,097.00
Current Costs Advanced
54.36
Current Late Charges
0.00
Total Current Charges:
Total Amount Due:
$
2,151.36
Two Cenlerpoilllc Drive, 6th Floor Lake Ostvego, OR 97035 Phone: 503.598.7070 Fas: 503,598,7373 7'011 Free: S88.59S.7070 Federal T a s I.D.93-0609274
Balallcc due up011rcccipt. Lntc clral.ges will bc assessed
011 past
duc accoollts.
PUBLIC WORKS REPORT
April 2009
All safety stickers replaced on fuel tanks
DWC was in to clean and T.V. the remaining 11,000 feet of sanitary sewer
mains in the older part of town.
The CL 17 chlorine analyzer was put online.
Spaniol Striping was in to paint the RR crossing marks on Madison. Also
had him paint the crosswalks near Wascher School.
Replaced the STOP sign at 4"kfarket St.
The new benches, bleachers, and garbage cans were installed at Commons
Park.
Conducted the Water System Suivey with Casrie Gentry of the DHS
Drinking Water Program.
Got posts set at Commons Park for new chain link fence.
Respectfully Submitted
Jim Anderson
Public Works Foreman
May 1,2009
Dear Mayor and Councilors,
Summer is quickly approaching and as water conservation is important
year around, it is especially critical during the summer months. As I do every
year, I have been closely watching the static water levels in our wells. Both wells
#8 and #10 are within just a few feet of the levels they were a t one year ago when
I placed them back in the rotation. I anticipate the flows from the springs t o drop
off quickly in the month of May. Although the new wells are slated for
completion in June, I would prefer t o error on the side of caution. Based on this
information I am recommending that Level 1restrictions be implemented June 1,
2009. If implemented early and with adequate notice t o the customer, we could
avoid being behind when the warm weather arrives and give customers time t o
prepare. Thank you for your time and cooperation in this matter.
James G. Anderson
Public Works Foreman
Rain Fall Totals
October 2005 - May 2006
54.61 inches
October 2006 - May 2007
48.25 inches
October 2007 - May 2008
44.05 inches
October 2008 -April 2009
33.8 inches
Well # 8
On 5/13/06
@ 158.6 Feet
Well # 8
Off 1/17/07
@ 110.2 Feet
Well # 8
On 5/9/07
@ 103 Feet
Well # 8
Off 12/16/07
@ 64.7 Feet
Well # 8
On 3/10/08
@ 146.6 Feet
Well # 8
Off 3/25/08
@ 139.4 Feet
Well # 8
On 4/1/08
@ 147.7 Feet
Well # 8
Off 4/7/08
@ 140.5 Feet
Well # 8
On 5/8/08
@150.4 Feet
Well # 8
Off 12/16/08
@ 89.1 Feet
Well # 10
On 5/15/06
@ 92 Feet
Well # 10
Off 12/15/06
@ 58 Feet
Well # 10
On 5/24/07
@ 103 Feet
Well ## $0
Off 1/3/08
@ 52 Fset
Well # 10
On 5/15/08
@ 86 Feet
Well # 10
off 1/2/09
@ 5 1 Feet
MONTH:
I
1~1-i
E / T I \/
DATE
FLOW
LOO
71
53
MINUTES
T O T A L )! iLOO
225.0
222.8
87 4 .
17b ,;7
Lj99
1 1 I &.z
5.9z
477
25
zzq.8
%Zz 7
.22.1 , 5
165'.L
26
ZZJ.2..
27
29
b3.8
L 3 .8
& 3 ,8
30
[,a. 8
20
2I
22
23
j
24
28
133.1
I fl(n e'2.-
l o o8
q8
i5.3 /i/:z d ~ s
z ci
4b
p
I
31
b3. 8
I
2
* ~ 3 ~ : 7
46 / ' i ~ $ ~MISS
i
q8.2
3
Z Z ~ J
I I P & / ~ , - Ii 1 ~ 5
.3~3.,cl
4
.z2CZ. I
q5.li.5 rdrzs
75 ( ~;zS1 x 5
20..
8
iS03
5
219, /
6
zoq2/
7'
..
. Z O & /a (
10
83,q
8-3.
i(
p s i(
11
85.4
8
9
12
-2
.
:
16
211,k;
2 //. &
2 11.6
2 / /b ~
Zj/ b
17
2 / / *b
18
2 1 / .b
13
14
15
I
I
19
211. L
20
z ~ z
i .
fi
~ S/ 2Y. c j {+KS
@
I
qc't" 5
I
B
l " 7 5 ' 1 2 3 1iR5
MONTH:
LT(I)'/diID
(~
DATE
a
2006
20
'201, Z
21
201,2
22
201 .
23
18?,,8
24
d5R.7
25
27
2-5 8 7
77tl.B
2 Z y 4$
28
Z Z ~8.
29
~zc8
j,
TOTAL
MINUTES
FLOW
(
751.2 //Ls
35. 2
2
L
.z(
I .4
3I
I
1 '7 '7, (1
2
\?'?;O
\. 7 7 .' 0
3
I ' 7 T D
4
8
Vm,b
1 7d ."7
- -- -- --
...
p;5.9
11
I?Y.~O
12
176.3
"1. ,7
LIE '7
>r
15
16
17
18
19
P
20
\3
3 1 114.8tIR5
2.7
S(, S
I
/
/
f
L.
.I
1 (os/,J. 7 i/ES
l 2-b/z. /
1ft5
A ~ C / L , Nil5
L
10
14
I
I
i b b /J,Y d-6
9
13
27 . 'z
i7'7i0
5
7'
@
d
30
6
bids
:
26
-
s. 23 )5.3 )/R 5
1 7 3 / 3 , 2K5
I I L I I ,tMS
~
2q12
-2-53
sfis
80.7
,3q , '7
ZC\, -7
Lip) ,'7
1-18 7
i 4 ~8 .
I Y 5.+
i
208.6
z3q. &
1 L, . L / J ~I 'd~6
7/Pi
/@5
375 / ~ . 1
26
i j q 51b; b,
27.0
ZL
7 6 ,5
5'35
T~lnlnidMa~naazd~u~z.
To:
Diane Ri~ll;s/City of Lafayette
cc:
Denny ~ \ / ~ L ~ C ~ U I - JPElJVestecl~
OS~,
From:
Jeff Barry, R.G.,
CMiE
Date:
I\4ay 1 1 , 2006
Re:
City of Lcfa yette Sp~irlgsand \'ell Evaiuation
Introduction
This memorandum presents the results of our review of the City's springs and wells located
in the City's watershed. The purpose of the study was to evaluate the feasibility of
increasing water production froill both sources to meet increasing demand for water. In
addition, the City wants recomme~ldationsfor improving the qualit)! of xater produced by the
sp~irlgs.Our scope of sel-vices included the follo~ringactivities:
P Re.viev,led available i~lfornlationabout the City's spring system and evaluated
available monitoring and production data.
k Ifisited Lafayette and Piingle springs located in the City's watershed and inspected
the collection boxes: collection piping, and distribution syste~ll. Detet~ninedthe
source of water to Lafayette spling and evaluated the potential to b e under the
influence of surface water.
>
Identified improvements that sllould be made to maximize yield and elitnillate the
potelltial for surface water to enter the spl-ing box and col lectjor1 sy s t e ~ i ~ .
k Compiled water level: production, and pump data provided by the City for \vatershed
wells and assessed the potential for increasing 1)roduction from the wells.
\We relied uj~ondata provided by the City and infonlzation contained ill a ~.e.po~-t
p~.eparedby
CH21VI HILL in December of 1998. The authors of that report are now employees of
Groundu/ater Solutions, Inc. Mie also reviewed the S o ~ ~ sMister
ce
Assessment Report
prepared by the Depart111ent of Hunlazi Seivices - Dn.nldng Water P r o p a ~ l l dated
,
July 2003.
Background
Tlie City of Lafayette relics cm s]x.ings and ~ ~ ~ cIoca~ed
l ' l s iii tlie Cily's ~~raie~.sllccl,
and C)I.-I
[ ; i ~ o ~ ~ ~ i c Isul?]pliecl
~ ~ a t e r by a well located hi tlir-Ijoin1 Dajrtoll-Lafaj1etl.t'well.fie'ld, to mecl ibs
waL.er.supply
. . clemancls. Peak denatids on the City's wa.ter supplgr have been steadily
i.ncseasing clue to conlkluous develupment ila tile aren tu.1~1the available watel. supply is
barely sufficientto meet tllese clema~cls,parlicularly clurir~gdly yeam
Tlie City ut-ilizesurate~.born kli~*ee
spri~igslocated i ~the
i C i ~ l ' ~7aterslied;
s
Lafayekte Spring,
Pri11gl;lcS p s i ~ ~and
g , Flue Gird Sp~:ing,Doug I\ielson S p ~ k .was
~ g taken o f f h ~ emany years
ago due to water quality concei.ns (surface ~vatercan i~-du.eiicethese s ~ ~ i ~2i11d
~ g~ s~ jC ~ L I S
tlie area is u~stablearicl is subject to l~u-~dslides.
Flow from the sprkigs has been relatively
steady; hourever, tile BOTV
d i ~ ~ ~ u s clrui~.zg
l i e s exte~ideclclrouglit periods. W e llave some
colicern tlzat groundwatel. development in tlie local area may also be affect.~gt11e spring
flow.
C
The City currently operates foul. wells (V\lells1,2,8, and 10) in tile waLerslzed. Wells 1,2,
and 8 were installed. i.111967, 1968, and 1990, sespecti.vely.The City histalled TYell 1 0 iii Al?~.il
1998 to lieip offset a water suppl JI sho~tageduring the 3 5198 dry season. The Cit>r relies
priniaril~/017 TVells 8 and 10 for production hi tlie ~vatersheci.The City has hvo additional
wells: tl;e City Park well i1.1Lafayetbe and Well 7, located approximately 2 nules south of
town. Well 7 was installed hi 19S4, a i d tlie City Park well w7as installed in 1915. T/\lell 7 has
had a history of production problents m ~ dis not used. Water from tliese hvo wells is of poor
quality and so these wrells are not used for l~~uluciyalI~m.poses.
111 am effort to develop a
bettel. tu~dersLaidingof: tl-te groul.tdwater resources available i1.1tlie watershed, tlie C i q
i~nplementeda gsom~dwaterlevel measurement ~111dpu111pilig rate data-collection program
in 1998.We encourage the City to c o l ~ t ~ the
u e program so tliat it c a i ideli'cify problems
before they become criticai.
Watershed Hydrogeology
The City of Lafayette's watershed is located on the southwestern edge of the Red Hills of
Dmidee, wllicli coli~psisesthe upland area 011 i91e 11ostIi flailrk of t h e City. The g e o l o a of tile
upland area consists of l~&-l-tly
faulted and con~pastrnentalizedbasalt bedsock, ~ v l u c hwere
deposited on tap of consolidated marine sediments. The basalt, called tlze Red Ilills basalt
formation, is linuted in geographic extent and, in general, tl1i11s soutl-t ancl wrest of tlze
watershed, Tlie Red I-Iills basalt is past of the Col~111zbiaRiver Basalt Group. 111 die regiolx,
marhie secliulents are typically found in iralleys, ancl basalts form tlie s u r r o ~ u ~ d hills.
k ~ g The
basalt fonnaiion is the principle water-bearing aquifer in the asea a i d the deeper n~ashle
sedii~lelztstypically yield low qua~~tities
of water that is normally sable. TWells a ~ csprings
l
~ v i t l ~tlze
i n uratershed produce ~47a.t.e~
from tlie basalt. kccordi~igto Oregon \/\Tatel.Resources
Deparln~ent(OM7RD) repol.ts, tlie ~7atersupl~ly~ I the
I
basalt fornzation 'has a lilnited storage
capacity ancl is recl~argeclby seasond precipitation.
The basalt formation c ~ n p out
s iI-t olil>~.a
few alms ~47itlii17tlie City's watershed. Fielcl
obse~-\laLions
at Prb-tgle and Blue Bkcl springs slio~vecltliat spring flow at these locaiions
originates froi~ia co~itaotbet.i~~ee1-1
the overlying ~7ates-bearjngbasalt a ~ t the
i ~ u - ~ d e r ?'
l~~ino
less permeable marhxe sediments. Tl~esedepositional contacts are topographically 11ig11 due
to clisplacemen~(uplift) along a 1ai.g~fault:mappecl in U , I ~awa. Aclclition~~1.
evidence of
faulli~~g
xlcl ~~il~parLx~enta]izi~[-ion
of the uplmcl basall acluifei4is also evident in City well
logs. Fo13example, ~zellscoml2letecl 011 t:l.ie east. side of He1u.y Creel: 51clical.e t h e basalt is
app~.o):i~l~ately
180 feet tr~21.111 feel Ll~i.cl;,~vl~eseas
llie ~ r e l co~~-qnleted
l
01-1t.1.~
opposiLe side ol
the C I . ~ C ~(\4ielI
/<
10) iz1clicates tlie basdl is 3L)O feet.thicl;. This clisci~epil~ic~r
ir~
basalt tlnicla~ess
coulcl he a.t:l~ihu
tecl to a Tau11 t:l~al1-rendslnarallel to l-leni-y Ci~eli.The lnatbern oi I~igl~ly
faul ~ecliuicl c ~ ~ ~ i ~ ~ a ~ ~ ~ ~bz~salLs,
. ~ i e ~ .~ritIi
~ t a al ivzce~cIiilljtccl
~I ~ l ~necllargearea, is c o ~ ~ u li1.1
~ otlie
i
'\4~illam~.tt-e
Valley. 7'1~smeans tllat. the basalt aquifei' 111 t l ~ cCitlr's watel*sllec'lis limited i11
exlent and ruater3pr.oducLion can L7e impackcl by e>:kencled d~-ouglit
1,ei.iods.
'Tlze 1998 CI-I2114I-IILL reporL 011 the watersl?ecl coliclnded that s~clclitionalwell development
~4~ithi.11
the watershecl was not 1-ecoinmendedbecausc all of the existing wells cle\lelol:, water
fsom t11c salne basalt aclujfei and it was apparent a t the time that natural recharge to Cine
basalt could not supyorl adciitional ~ u l l l p h ~ g .
Findings and Recommendations
Springs
We loolted for opporturlities to develop additional water at Lafayette and Pringle Springs b!l
adding additional collection laterals: cleaning out the spring boxes md disbibution pipes, or'
increasing the sizeldianleter of the collection system. In our opi~lion,none of these
approacl~eswill result in a11 appreciable increase i11 production f'rom the springs. The
dominant control on sumner spring flow appears to be the amount of rainfall that has
occurred during the previous winter and sp~iug.It will be necessary to periodically cleat1 out
the collection boxes but we do not believe that this will increase yield.
We did not investigate Blue Bird 01. Doug Nelson Spring during tllis study. The,
configuration and colldition of the Blue Bird Spring collection systenl and the origin of the
spring source is similar to Pringle Spring and so for these reasons, we do not believe there is
an opportunity to increase production at Blue Bird Spring. As mentjoned previously; Doug
Nelson Spring was talcen offline nnmny years ago due to water quality concerns relating to
su~facewater infiltration and corttarrtination of the spring box. Durir~ga previous visit to
this spring, we observed the area to be verT7 unstable and subject to landslides. 111addition,
the slxinlg area consists of many groundm7ater seeps and so it is r ~ opossible
t
to isolate one or
two sprhlg oyel-h~gsand construct nexv spshg boxes that ~ r o u l dnot be subject to surface
~vatercontailina tion.
Wells
kttacllrnerlt A contai~lsa co~llpilationof infor~nationfor wells 1: 2, 8: and 10 located in the
City's watershed. Infor111ation for each well ir~cludesa water level 11ydro_~1.a1111.,
precipitation
data obtained from the City's gauge it1 the wat.tersl~ed~
poundwater production, well log, and
well corlstnlction diagram. Galeral obsezvatio~lsthat can be made from these data include
the rollonling:
i Groundwater levels are continuing to decline in each well, indicating that the rale of
pumnping exceeds the rate of natural recharge, Well 10, the City's pl-ilnal-y produces,
has esl~erienceclI.\.\?ratesle~lelclecli~leof over 100 feet. Bea~usethis \?re11 has been
~~umpecl
for long periods o.I'tilne ~lilllouta siglificanl yes[ period, the static and
])u~npil~g
w a t e ~le~relsco~ltinueto clecl.inefso111year to yeas.
Mlaier levels ase stro~~gly
influencecl by a1111ualpseci pi tation t~ends,JYdl procluction
is reduced as tate el. levels decline. 'rliis condition is eXacerl,a.teclclusi11g 11esiods of
below average preci1)itation.
k 'W
it11 the exception of M/ell 8, all wells are being pumped al maximu~ncapacity meaning the flow rate cannot be incr~easedwithout drawing the water level clown lo
the l ~ u ~ intake;
np
Mlell S appews to have approxill~ately50 feel of watel eves the
]~umpi11taIte. Mrllile the floe] rate. coulcl be. inc~.easecl,the rate ~ ~ o u llikely
cl
not be
sustail~able.
k The aquifer cannot contii~ueto sustain tile amount. of pumping that has occursecl in tlle
past. We anticipa.te that well punzps ulill have to be tlvottled back in order to psevellt
cavitation fi.0111 air (the City has already had to do this in so~necases').
Installation of additional wells or reactivating old wells is not secomnmended because
existing wells draw fiom tlle same aquifer:
The City should consider mtificially recharging tlle aquifer using spring water that ~ r o u l d
otlle~~rise
leave the eraterslled during the wintes months. This process, referred to as Aquifer
Storage alcl Recovery (ASR), would be a relati~lelysilllple way to stop the groundurater level
declines, increase the volume of groundwater in storage tllai could be available to puinp in
the sunliner, and increase well yields fiom wllat they are now because of higher water le~lels,
ASR is being tested and implemented at a number of sites around the state; lllost are in basali
aquifers lilie that fou~ldin Lafayette's watershed. The collcept would im~volvediverting a
portion of the spring flow in the winter when demand is low and spring flour is high,
divel-tingthe water though tile existing piping netwo1.k under gravity to selected wells that
ase not in operation at the time, and allouling the water to enter the well throu& the pumlll~
colu~ml.The first step in the pl.oject would be to comnplete a feasibility study to look at
aquifer cllaracte~istics,recharge sates, water quality compatibility, infrastructure
requirements, and cost. If t l ~ eresults look favorable, tile City would apply to ORTRDfor an
ASR limited license to pilot test ASR at an existing well 01.mlells. The test uroulcl be
designed to fufther refine estimated recharge and pumping sates and ~lolumes,assess water
quality changes, and identify impacts; if any. Once the testing was comnpleted, the City
would then al~plyfor a permanent ASR pen~iit.and corltinue to reclluge tlle aquifer duiing
the wintes mo1lt1-1~.On the basis of our past experience wit11 a nutliber of othe~.ASR sSrsterns
in Oregon, we believe that .ASR woulcl be a feasible rnethod to in~provea11 d sustain water'
l~roductionfrom the. City's watesshed.
Water Quality Issues
The! Deparhment of E-ILIJII~IServices - Drbiking \Y ater Progsam (DI-IS-DSVP) prepared a
Source T41at.e~Assessment Xepol.t. i.17 July of 3003 Mat 1xescl1t.s a n analysis or tlie
susceptibility of the City's ~wellsand spsh-tgs to contalnination, !5ources ol coi~tallination
could include agsicultural activities or othe~.h ~ u n a nsources of col-~tanlinationwithin the
recha~egeasea of the sl~riligsant1 well:: cx.L
i co~zlclil~cludemicr*(:)hia'l
contanii~zatich.0111
surface water witllbi close pro):illuty CIIt11e w7eI.l~or spl:ings.
The Somce \'\lates kssessmel~tRepost hiclicates that h e ac1.uife1.in the illu-nediatc vicinity of
14Iel.l~1 m ~ d2 and tlic! spsir~gr.;is l u g l ~ lscnsitise
j~
to poLe17tial cont~u~ninat-ion
from nea1.11);
11uma1-1activities (e.g., ~rinelrarclsnear Elue Biscl Spri11g) t~ndcontami.~iationfsc)11111~icrohes
meal1 Illat they are contamjnatecl; it just means that
])resent surface wa.tele.Tlu~;cloes
they are \ruhlesatfle to contamit'lation. 141eUs 1 ancl 3 arc! ~onsicl~?~~ecl
~~1131~?rable
because they
are olcl wells that do not Iiave -tvell seals ancl casings that ~~cneh'atc
helou7~vllerc!near
sudace cont-a~llh~a~ts
might infiltsate into tlil.lew7eUs, and becauscl a soL.sce of visa1
c o m t a ~ ~ ~ i a t(c.g.,
i o n I-1e1u.y Creek) is locatecl ~uit11imthe 2- yea^ Lime oi l~avelbounclar)~tcl LIle
wells.
tes s)~stemsheing supplied by s11rUlgs
According to Dl-IS-DTVP regulatiuns, commlu~utyw t ~
111ust meet aclditional disinfection ancl filtration requisements iT they are determined to be
g r o ~ ~ i l d ~ ~under
a t e r tlie disect itII:luence of surface vate el. (GI4lUDI).GIYUDI specifically
refers to gsound~ratel*
sources where conditions are sucli that pathogens, such as
C7y/p;t0~/707-idiull2
01' Gia7.din lnni'lin, are proven or liltelji to travel horn nearby susface water
into the groundwater source. For a ~ ~ o u n d w a tsource
er
(wells, springs, a z d hllill~ation
galleries) to be potaitially GT4UJD1, the soirrce must. be:
1) U'ithin 500 feet to a surface water soLzrce;
and either
2.3)Have show11a soul.ce.-relatedpresence of Colifonn bacteria,
217) Have an inadequate g o u t seal or no in~pesviousaquifer barrier.
DHS-DWTP did not indicate that the springs or wells are under the disect influence of s ~ ~ r i a c e
water, altl-tough most ifnot all 01 the wells are located witlzin 500 feet of Henry Creelc. \/\:it11
the exception of \Yells 1and 2, the ells have deep casings a ~ seals
d fiat penetrate into tile
deeper confined portion of the basalt aquifer and so direct surface vate el' ~zfluenceis
ul~likeljl,Wells 1 arid 2 do not have deep casings a-td seals. \4%ile these wiells maj?be
susceptible to co~~ta~lination,
the water system has not had a l~istosyof Coliforn~bacteria
detections a i d so DHS-DTYP has not considered the system ta be uncles direct influence.
\Ye u~zclerstmzclthat 147eLl2 is inactive and that \Yell 1is used OIIIJ~
when absol~ztely
necessary. Consequently, we do not recolin~~end
that tile susceptibiliQ- issue be addressed
a t tl~esewells unless they are used on a re,plar basis.
Tlze sprhgs are located a t higher elevations and l~ydraulicallyuppaclient relaiive to surface
rat el- feat~~res
such as E-Iemy Cseek t11at 11ig11t contain surface water patl~ogensand SO, in
ous opinion, ~loulclhave a low potential to be urndes tile direct in.fluence of surface ~va.tes.
Tlxey are Iiovrreves susceptible to surface water col~tcl~lination
from runoff neas the s y s h g
coLlection s~rsLens.Being suscepirible to col~tallinat-iol~
is not the sane tluzlg as being r u ~ d e ~ .
the cliscct influence of: surface wates because tile runoff -rvouicllikely; not. specifically contah
C I ~ / ] J ~ . O S ~01-~Gini,din
O ~ - ~ ln17~112in.
~ ~ I L I IDuring our site ~isi'i,susface water runoff was observed
neas the subsurface colleclion sys tern a\:bc)k11 Pl'il~gIc!and Lafay eke S1,1.jngsailnl SO L ~ E !
l~otenl-ialcsisls f c ) ~Llus ~ L I - ~ I LCJ
O ~I ~D' C S C Ote
~ ~~ I I I * c ) L I ~the
~ - Ishallo~fi7soils hi kt the spring
collecl-ionsyslem. To seduce the risk of surface \vatel. conta~luiial-ion,
we i.ecoll~n~el~cl
tl-tal.
t11e Citj; bailcl s~nallclilces above the collection areas SO t11at ILIII~.ET is di\tel'tecl arouncl the
subsurface collecLion area. \We furtl~esrec:ctin.n-iencl f l ~ athe
t Cit;? install a s a ~ n p l etap a l each
sjwing E U I 'ive11
~
SC) LIiaL. sanlples cam be collecl.ecl a~ncli~nalyzecllor l'ota'l Colifo1.1n.This
xvou'ld a l l o ~81c!~ City to isolate a paiticu.Iar soLlsce if Co1ifo1.1~1
bacteria 147as cletected
clo~rnst~.ealli
ol t11e resenrois.
Memo
To:
Mayor & City Council
From:
Trena McManus, Assistant to the City Administrator
Date:
May 7,2009
Re:
Ordinance 598- Amend LMC- Section 5.422- Graffiti Removal
[Agenda Item 10(1)]
Since this ordinance was amended at the last meeting, it is being brought back
before the Council for a 2" reading and adoption. I have also included a draft copy
of the warning letter that will be sent to the tenantslowners of properties that have
graffiti.
Actions Needed:
I.Council: Motion to adopt Ordinance 598, as presented. Second.
2. Staff: reads the proposed ordinance by title only (unless a councilor
requests a full reading of the ordinance).
3. Council: Discussion. Vote.
BEFORE THE ClTY COUNCIL FOR THE ClTY OF
LAFAYETTE, OREGON
An Ordinance Adding Section 5.422
to the Lafayette Municipal Code dealing
. with graffiti removal
1
1
1
1
ORDINANCE NO. 598
THE ClTY COUNCIL (the "Council") OF THE ClTY OF LAFAYETTE, OREGON (the "City") sat for
the transaction of City business on Thursday, May 14, 2009 at 6:30 p.m. in the Council chambers at
City Hall.
WHEREAS, the Council approved Ordinance No. 498 on July 28, 1998 adopting the Municipal
Code of the City of Lafayette (the "Code"), including Section 5.400-5.530 dealing with nuisances;
and
WHEREAS, these sections of the Code have been further amended by Ordinance No. 587; and
WHEREAS, minor changes have been identified that will enhance the city's ability to enforce the
removal of graffiti;
NOW THEREFORE, THE ClTY OF LAFAYETTE, OREGON, ORDAINS AS FOLLOWS:
Section 1. Section 5.422, Removal of Graffiti. No person shall allow graffiti placed on
property owned by him or under his control that is visible to the public to remain
for a period of time longer than 30 days. The 30 day time period begins once
City Hall is notified of the existence of the graffiti and written notice to remove
graffiti is provided to the owner or person in control of the property. If the
graffiti is not removed within the 30 day time period, then the property owner or
person in control of the property will be subject to a Class D violation andlor
abatement process as outlined in this Chapter.
ADOPTED by the Council on the 14th day of May, 2009.
VOTE:
Ayes:
Nays:
Abstentions:
Absent:
Vacancies:
APPROVED:
ATTEST:
Mayor Chris Heisler
Diane Rinks, City Administrator
City of Lafayette
PIZOIZE:
(503) 864-2451
F a : (503) 864-4501
"Tlrirrl Ollcst Citj) in Oregon"
486 Third Street --- PO Box 55 - Lafayette, Oregon 97127-0055
May 7,2009
Name
Address
Dear Joe:
n the victim of having
someone place graffi
removed. We fe
getting the graffiti
ssage to the vandals that
ncil recently adopted
ys of being notified
h would be June 7,2009.
local resident has
t aren't able to do
rdinance constitutes a public nuisance and may be
ation ($50 per day).
Thank you for your prompt attention to this matter.
Sincerely,
Jamie Rhodes
City Clerk
To:
Mayor & City Council
From:
Trena McManus, Assistant to the City Administrator
Date:
May 14,2009
Re:
Ordinance 599- Election to receive state revenue sharing funds
(FYO9-10)
[Agenda Item 10(2)]
This ordinance is required by the state in order for the City to receive state revenue
sharing funds in FY09-10.
Actions Needed:
1. Council: Motion to adopt Ordinance 599, as presented. Second.
2. Staff: reads the proposed ordinance by title only (unless a councilor
requests a full reading of the ordinance).
3. Council: Discussion. Vote. (Must be unanimous to adopt- otherwise it
goes to a second reading and adoption at the next meeting).
BEFORE THE ClTY COUNCIL FOR THE ClTY OF
LAFAYETTE, OREGON
In the Matter of an Ordinance Declaring
The City's Election to Receive State
Revenues for Fiscal Year 2009-201 0
)
)
ORDINANCE NO. 599
1
THE ClTY COUNCIL (the "Council") OF THE ClTY OF LAFAYETTE, OREGON (the
"City") sat for the transaction of City business on Thursday, May 14, 2009 at 6:30 p.m.
in the council chambers at City hall.
WHEREAS, the City budget committee held a public hearing on April 7, 2009 o n the
proposed budget for fiscal year 2009-201 0 (the "Proposed Budget") to discuss possible
uses for state revenue sharing funds; and
WHEREAS, the Council held a public hearing on the possible uses for state revenue
sharing funds on April 9, 2009, at which hearing the public was invited to give comment;
and
WHEREAS, the City wants to receive state revenues for the 2009-201 0 fiscal year (the
"Next Fiscal Year") into the General Fund; and
NOW, THEREFORE, THE CITY OF LAFAYETTE, OREGON
FOLLOWS:
ORDAINS AS
Pursuant to ORS 221.770, the City hereby elects to receive state revenues for the Next
Fiscal Year (2009-201 0).
ADOPTED by the Council on the 1 4 ' ~day of May, 2009
VOTE: Ayes:
Nays:
Abstentions:
Absent:
Vacancies:
Approved:
Attested:
Mayor Chris Heisler
Diane Rinks, City Administrator
Memo
To:
Mayor & City Council
From:
Trena McManus, Assistant to the City Administrator
Date:
May 14,2009
Re:
Ordinance 600- Amend LMC Ch. 4- Cross Connection Program
[Agenda Item 10(3)]
This ordinance is being presented to you at the request of Jim Anderson, Public
Works Foreman. Jim is also the Cross Connection Specialist for the City (person in
charge of the City's Cross Connection control Program). He feels that it is
necessary to tighten up some of the timelines involved with getting people to comply
with installing a backflow prevention device when a hazard is deemed to exist. Jim
will be at the meeting to answer any questions you may have on this.
Actions Needed:
1. Council: Motion to adopt Ordinance 600, as presented. Second.
2. Staff: reads the proposed ordinance by title only (unless a councilor
requests a full reading of the ordinance).
3. Council: Discussion. Vote. (Must be unanimous to adopt- otherwise it
goes to a second reading and adoption at the next meeting);
BEFORE THE ClTY COUNCIL FOR THE ClTY OF
LAFAYETTE, OREGON
An Ordinance Amending Ordinance 492
Dealing with a Cross Connection Control
Program
1
1
1
1
ORDINANCE NO. 600
THE ClTY COUNCIL (the "Council") OF THE ClTY OF LAFAYETTE, OREGON (the "City") sat for
the transaction of City business on Thursday, May 14, 2009 at 6:30 p.m. in the Council chambers at
City Hall.
WHEREAS, the City is required, by the Federal Safe Drinking Act of 1981 and State of Oregon
Administrative Rules, Chapters 33-61-020, 025, 030, 045, 061, 065, 070, 071, 072, 073, 074, 090,
and 166-200-0110, to take measures to prevent water contaminants or other substances from
entering the City's water system; and
WHEREAS, the Council approved Ordinance No. 492 on November 13, 1997 adopting a Cross
Connection Control Program to protect the City's water supply from the potential for contamination;
and
WHEREAS, these policies have been further amended by Ordinance No. 565 on January 8,2004;
and
WHEREAS, the Council wishes to further clarify the timelines required to comply with the ordinance
in order to better control the actual or potential pollution of the City's water system caused by
backflow or backsiphonage of contaminants or pollution through water service connections.
NOW THEREFORE, THE ClTY OF LAFAYETTE, OREGON, ORDAINS AS FOLLOWS:
Section I.Exhibit A of Ordinance 492, is hereby amended to read as follows:
3.
Responsibility
The City of Lafayette shall be responsible for the protection of the public potable water
distribution system from contamination or pollution due to the backflow or
backsiphonage of contaminants or pollution through the water service connection. If, in
the judgment of the City of Lafayette an approved backflow device is required at the
city's water connection to any customer's premise, the City of Lafayette, or his
delegated agent, shall give notice in writing to said customer to install an approved
device, or devices at his own expense, and failure or refusal, or inability on the part of
the customer to install said device or devices within wwty (90) dzys thirty (30) days,
shall constitute a ground for discontinuing water service to the premises until such
device or devices have been properly installed.
6.
Requirements
A. Utility
4. The Utility shall inform the owner by letter of any failure to comply, within
five (5)working days of the first inspection. The Utility will allow an
additional Cifice::( l 5 ) five (5)working days for the correction. In the event that
the Owner informs the Utility of extenuating circumstances as to why the
correction has not been made, a time extension may be granted by the Utility
but in no case will exceed an additional %&+ (30) days-five (5) working days.
In the event the owner fails to comply with necessary correction by the time of
..
the water
the second re-inspection, )
. .
cxccsd
service to the Owner's property will be terminated
clays immediately.
.
a
Section 2. Other than the changes stated above, Ordinance 492 shall remain in full effect
until further amended by the Council.
Section 3. This ordinance being necessary for the continued health and well being of the
citizens of Lafayette, an emergency is hereby declared to exist and the changes and additions to
the Code contained herein shall take effect upon the passage by the Council and signing by the
Mayor.
ADOPTED by the Council on the 14th day of May, 2009.
VOTE:
Ayes:
Nays:
Abstentions:
Absent:
Vacancies:
APPROVED:
ATTEST:
Mayor Chris Heisler
Diane Rinks, City Administrator
To:
Mayor & City Council
From:
Trena McManus, Asst. to the City Administrator
Date:
May 14,2009
Re:
City Administrator Review and Evaluation
Process Adoption
Agenda Item 1I(12
Per ORS 192.660 (1) (i), specific criteria and processes must be adopted by the city
council in open session, after an opportunity for public comment, for the review and
evaluation of the city administrator. Diane's contract calls for an evaluation to be
done in May of each year, but we sometimes end up doing it in June, as will be the
case this year. I am attaching an evaluation form and process that has been used for
the evaluation the past several years. Please review it prior to the meeting.
Actions Needed:
If the council is comfortable with the attached evaluation process, the
following motion is necessary:
1. Motion to adopt the attached Evaluation Process.
If this process is adopted, evaluation forms will be distributed to the council by May
15th,and I would suggest that they be returned to the designated person(s) by June
lSt
to allow adequate time for compilation. An executive session will be scheduled for
the June 11, 2009 meeting for the purpose of reviewing and discussing the
evaluation.
If the council has a different process and form they wish to use, a motion
would be needed to adopt that one.
City of Lafayette
City Admi~listsatol-Pesfolmance E\laluation
PURPOSE
The purl~oseofthis eolllloyec evaluatio~lis to increase co~nmunicationbetween llle city cou~lciland t l ~ e
city administrator concenling tile ],erfonnance of the city administrator in the accomplisl~~nent
of hislher
assig~edduties and resl~onsibilities,and the establislune~~t
of specific work-related goals and objectives.
It shall also be the basis for contract extension and compensation decisions.
PROCESS
Tl~ecity courlcil shall conduct an annual review and evaluatio~lof the city administrato~.'~
work
perfom~ance,The results of such evaluation shall c o n ~ ~ l l eareas
~ ~ dof good performallce and point out
areas for improvement.
Evaluation fo~01-111~
shall be distributed to all cou~lcilme~llbess.
Each cou~lcilmember shall co~llpletethe fo~ln,sign, date and return to the nzayor.
The mayor and tlle council president shall tabulate the results of the evaluation fornls and
suminal-ize the results of the forzns as submitted.
A co~npositeevaluation fonn shall be distributed to the cou~lcilp~iorto the executive session
evaluation meeting.
Tlle courlcil shall meet wit11 tile city administrator in executive session to review tile co~nposite
evaluation, unless the city administrator requests an open heating.
1.
2.
3
4.
5.
INSTRUCTIONS
Review the city administrator's worli performance for the entire period; try to refrain from basing
judgment on recent events or isolated incidents only. Disregard your general irnpressio~lof the city
ad~lzinistratorand co~lce~ltrate
on one factor at a time.
Evaluate the city administrato~011the basis of standards you expect to be met for tlle job to wl~ich
assigned consideriilg the 1engtl1 of time in the job. Clleck the nu~llberwhich most accurately reflects tlle
level of yerfonna~lcefor the factor appraised using the rating scale described below. If you did not have
an opportunity to observe a factor during this evaluatioll period, please indicate so by mitiilg "NIO" in the
comaleilt area. Please feel free to add your colll~nelltsand suggestio~lsin n a ~ ~ a t i vfo1111
e along with the
numerical rating.
Rating Scale Definitions:
1.
.7
3.
4.
5.
Unsatisfacto~-y
h~~prove~llent
Needed
Meets Job Standard
Exceed Job Standard
Outsta~ldi~lg
City of Lafayette
Cit!, Administrator Review and Evaluation
Page 1 of 5
1. Public Relatioxls
A. Participates in 1)ublic events
3. 1s courteous to public
C. I<eel,s coi~mlitn~ents
to the public
D.Seeks to use criticism of self os City in
positj~leways
E. Maiiltaiils effective ~elationswit11 media
rel~sesentatives
Specific Comme~lts:
2. Emplovee Relations
A. Supports staff concesils and ideas
B. E~lcouragesstaffinvolve~ne~lt
in setting
goals and budget prel~aration
C. Keeps collllllitlllents to otlles employees
D. Seeks to develop sltills and abilities
of einployees
Specific Coilulle~lts:
3. Cih7Council Relationships
A. Effectively illlple~ne~lts
policies and programs
approved by City Cou~lcil
B. Reporting to City Cou~lcilis timely, clear,
concise and tl~orough
C. Accepts direction or iilstructio~lsin a positive malllles
D. Effectively aids the City cou~lcilin establisl~inggoals
E. ICeeps Cou~lcili~lfolxledof cut-rent plans and activities
in 1egislation,
of adlllillistratioll and new de~lelop~lze~~ts
g o v e ~ m e ~ l tpractices,
al
etc.
Specific Coilllllents:
City of Lafayette
City Administrator Review and Evaluation
Page 2 of 5
4. Lesclershir:,
A. Motivates others towlard a c c o m p l i s l ~ ~ ~of~ ewlorl;
l~t
B. Delegates appso]:,riate sesponsibilities
C. Maltes thougl~tfulcontributions to City Coullcil
ancl suborclinates
---
D. Effectively evaluates pel-.fori~~ance
of subordinates
---
E. Seelts to develop teamwork by City Organization
--
F. Uses effective supel-visor~/sltills
--
Specific Comments:
A. Written comn~~~unication
is clear, concise
and accurate
B . Oral colllilluilication is clear, concise;
expresses self effectively
Specific Coilllllents:
6 . Personal Traits
A. Colltrols elnotions effectively in difficult situations
B. Is creative in developing practical solutions to
problenzs faced in the course of work
C. Uses collllllon sense
D. Is flexible in accepting and adjusting to cllange
E. I-Ias positive attitude
F. Delllo~lstratespersonal honesty and fialduless in
day-to-day relationsl~ips
G. Seelts to improve ow11 skills and knowledge
H. Completes worlc in acceptable time pel-iods
I. Perfo~lllsworlt accurately
City of Lafavette
City Administrator Revieu. and Evaluation
Page 3 of 5
Specific Comments:
7 . Goal Achieving
A. Talces initiative to get job clo~lecorrectly and
t11orougl1ly
---
B. Petceives new responsibilities and proceeds incle1)endently
to undertake or expand these responsibilities
-C. Accepts responsibility for oo~lnwork
--
D.Achieves goals set by or in ~ ~ ~ ? j u n c twith
i o n City
Cou~lcil
p p
Specific Collllllents:
8. Fiscal Management
A. Prepares realistic anllual budget
B . Seeks efficiency; ecollollly and effectiveness
in all progranls
C. Co~~trols
expenditures in accorda~lcewit11 approved
budget
D. Keeps City Cou~lcilinfoniled about revenues and
expenditures, actual and projected
Specific Comllieats:
9. Decision Making
A. Atteinpts to obtain all available facts psior to
l~ialci~lg
a decision
B . Is objective in decision ~lialci~lg
C. Considers possible alternatives and their
coilsequences before llzalcilig decision
D. Maltes decisio~lson a timely basis
City of Lafayette
City Administratol. Review and Evaluation
Page 4 of 5
--
Specific Cornn~ents:
Other
-
Seelcs to promote intel-go\~es~lnle~~tal
cooj~esation
--
A. Effectively responds to local politics, custollls
and interests
--
B. Seelcs to understand and respond to communit~l
needs
--
Specific Comments:
GENERAL COMMENTS:
Recoin~l~er~datioa:
Continue Co~ltract
Do Not Collti~lueContract
Reco~llll~ended
Salary Adjustlnent 5% Increase (Per Contract)
Other Recolli~nendedChanges to Conisact:
Date:
Signature
City of Lafayette
City Administrator Review and E\~alua~ion
Page 5 of 5
0thes
To:
Mayor & City Council
From:
Trena McManus, Assistant to the City Administrator
Date:
May 14,2009
Re:
Dayton IGA- Certified Operators
Agenda Item Il(2)
The City of Dayton is in the process of hiring a new Public Works Superintendent,
who will possess the required certifications to run their wastewater and water
systems. However, they are in need of a certified operator to assist them until they
get someone hired, hopefully by the end of June. Jim Anderson has agreed to be
the interim DRC (Direct Responsible Charge) for their water system and Roy Loftis
has agreed to be the designated operator for their wastewater system. Diane Rinks
and Christy Ellis (Dayton City Manager) have worked together to develop the
attached intergovernmental agreement. The compensation for the City of Lafayette
providing this service will be in the form of a $200/month credit against the annual
operation fee charged to Lafayette for the operation of the water plant (in Dayton).
Since reports provided to the state are monthly, Diane is asking for this agreement to
be effective as of May I , to make the reporting requirements as simple as possible.
Actions Needed:
1. Motion to authorize the City Administrator to sign an
Intergovernmental Agreement with the City of Dayton for the
provision of providing certified operators for the City of Dayton's
Wastewater and Water Systems, to be effective as of May I,
2009.
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITIES OF DAYTON AND LAFAYETTE, OREGON
FOR TI-IE PROVISION OF CERTIFIED OPERATORS FOR TI-IE
CITY OF DAYTON'S WASTEWATER AND WATER SYSTEMS.
RECITALS
1.
The City of Dayton (Dayton) operates a Wastewater Treat~nentFacility and
Collection Systenl (WWS) under National Pollutant Discharge Elimination
Systenl (NPDES) Pennit No. 101742 issued by the Oregorz Department of
Environmental Quality (DEQ).
2.
Dayton's wastewater treat~nentsyste~nclass is a Level I rating and their
collection system class is a Level 11. A Designated Operator meeting those
certification levels is required to operate or supervisor their facilities.
3.
Dayton ~naintainsand operates a Water Distribution System and Water
Treatmetlt Plant (WS) and, per Section 1.C, and Exhibit C of the
"Intergovernmental Agreement Concerning tlze Financing, Ownership and
Operation of the Joint Water Project Improvements" dated February 2009, is
responsible for operation of tlze Dayton/Lafayette joint water treatment plant
whiclz is part of their system. Under the rules and regulations of the Oregon
State Health Department, Department of Human Services (DHS), the W S
requires a Level I Water Treatment operator and a Level I1 Water Distribution
Systems operator to be designated as the Direct Responsible Charge (DRC)
operator.
4.
Dayton does not currently employ anyone meeting those certification
requirelnents.
5.
The DEQ lnay allow Dayton to operate the WWS under a Designated
Operator upon their approval of a contract or agreement with solneone
tneeting the certification requirenlents.
6.
The DHS may allow Dayton to operate the WS under a contracted Direct
Responsible Charge Operator upon their approval of a contract or agreement
with solneone meeting tlze certification require~nents.
7.
The City of Lafayette cut-rently employs one or more certified operators
qualified to operate Dayton's WWS and WS.
{00035400; 1
Page I o f 3
;
1.
TERMS
Agreement.
a. Based on the recitals ancl ter~nsof this IGA, Lxfayette agrees to provide
oversight and supervisio~lof Dayton's WWS and to autl~orizeRoy Loftis,
Lafayette employee, Wastewater Treatment Certification Level 111,
#T9305 and Wastewater Collectioil Level 11, #C7193 to be listed wit11 the
DEQ as the "Designated Operator'' and, as such, assLune the res~~onsibility
for signing and filing with DEQ the montlzly Daily Monitoring Report
(DMR) and any other doculnentatio~las requirecl imder Dayton's Pennit .
b. Based on the recitals and tenlls of this IGA, Lafayette agrees to provide
oversiglzt and s~~pervision
of Dayton's WS and to a~lthorizeJatnes G.
Anderson, Lafayette e~nl)loyee,Water Distributioll Level I1 and Water
Treatment Level I, Certificatio~~
#2835, to be listed with the DHS as the
"Direct Responsible Charge" operator and, as such, to assume
responsibility for signing and filing with DHS any required reports and
documentation.
c. Dayton slzall provide qualified personnel to collect all required wastewater
and water samples, under the supervision of the Designated Operator and
the Direct Responsible Charge Operator respectively and to submit
samples for testing to the labs cun-ently contracted by Dayton to provide
that service.
d. Dayton shall provide personnel qualified to handle the day-to-day
monitoring, sample collectio~land maintenance requireme~ltsof both
systems and to perfonn all of the requirements set fort11 in Sclledule B of
the WWS Pennit at the required frequency, under the supervision of the
designated operators. This shall include, at a minimum, one complete
walk-tluougll per day of the facilities witlz a visual inspection of all
equipment and processes for proper operation. Infonnatio~zgathered and
readings taken shall be doc~lmentedon the appropriate bench sheets.
e. On Monday of each week, Dayton slzall provide copies of all cun-ent
laboratory and operations bencll sheets for the month to the Designated
Operator or the DRC Operator, whichever is appropriate.
f. All data required for the montl~lyDMR shall be delivered to Roy Loftis no
later than the 5t" day of the following montl~.Monthly DMR's and otller
required reports will be submitted to DEQ and DHS by Lafayette staff to
meet the filing requiremellts of each agency.
g. Lafayette takes no responsibility for DEQ mandates as set fort11 in
Schedule C or D of the Pennit. Furtl~ennore,Lafayette takes no
responsibility for ally operational requirements, reports or regulatory
conlpliance with the Pesmit prior to the date this IGA is signed.
Tenn. This agseement shall commence on May 1, 2009 and will continue
tlu-ougll June 30, 2009 or the date upon which Dayton e~nploysan individual meeting
certification requirelne~ltsfor the WWS and the WS, wl~iclzeveroccurs first.
2.
(00035400; 1 )
Page 2 01'3
3. Coml~ensation. The con~pensationfor this Agreement will be $200per month,
to be creclitecl towards the a n n ~ ~operation
al
fee chargecl to Lafayette by the Dayton
per Section 1 .C, and Exhibit C of the "lntergo~lemil~ental
Agseement Concerni~lgthe
Financing, Ownership and Operation of the Joint Water Project Improvements" datecl
February 2009.
4. "Owt~ersl~il:,
of Employees". T11ro~1ghout
the tern1 of this Agreement, ancl any
extensions to this Agreement, all Lafayette employees shall re~naillLafayette
elnployees ancl all Dayton employees shall remain Dayton elnployees for all
employment purposes, incluclillg but not limited to worlcers compensation, tort
liability, colllpensatioll and benefits
5. Amendments. Any amendtnents or acldenclu~nto this A&~eementshall be in
writing and illust be approved by the respective City MsulagersIAdininistrators of
Dayton and Lafayette.
6. Indenmification. Each party shall release, defend, indemnify andlor hold hamless
the other, its officers, commissioners, councilors, elected officials, employees, and
agents, from and against all danlages, claims, injuries, costs, or judgments that may in
any manner arise as a result of the pasty's performance under this agreement, subject
to Oregoll Tort claims limitations.
7. Severabilitv. If any provision of this Agreement is detezlnined by a court of
competent jurisdiction to be invalid or unlawful, such unlawful or invalid provision shall
be severed fi-o~nthe Agree~nentand the re~nainingprovisions shall continue in full force
and effect.
8. Authozity to Enter Into Am-ee~nent.Each signatory, by affixing his or her
signature hereto, personally certifies that he or she is authorized to do so by the Charter,
Ordinances, andlor governing body of his or her respective gover~xnentalentity for w l ~ i c l ~
he or she is executing the Agree~nent,and that his or her signature sllall cause this
Agree~neatto be binding upon such pasty.
9. Effective Date. This Agreement shall be effective May 1, 2009.
CITY OF DAYTON, OREGON
CITY OF LAFAYETTE, OREGON
By:
Title:
Date:
(00035400; I I
Page 3 01'3
To:
Mayor and City Council
From:
Diane Rinks, City Administrator
Date:
May 14,2009
Re:
Franchise Agreements
Agenda Item 12(1)
At the last meeting, I was asked to put together some information, preferably in chart
form, that would summarize our existing franchise agreements. I have not really
been able to figure out exactly what that would entail, so I am offering the following
information. I have updated the chart showing the dates, terms, fees and ordinance
numbers of the existing franchises and it is attached. Following is a listing of the
major common components of all franchises, with a brief explanation of what they
mean.
Definitions: Specific to whatever type of service franchisee provides.
Grant of Franchise: Includes term of franchise, non-exclusivity clause, rights of using
streets, etc.
Requirements for proper restoration of streets; standards for construction; etc.
Reservation of the city's rights to use the right-of-ways.
Requirement that relocation of their "property" at city's request because of an
improvement that the city is doing is at their expense and usually defines timelines for
doing so.
Franchise Fee and method for calculating and remitting it. Fees are usually based
on "Gross Revenue". Also specifies rights of the city to audit their books.
Standard indemnification, termination, renewal provisions, assignment and insurance
requirements.
Our current cable franchise with Comcast contains a lot of other information specific
to a cable provider, such as the requirements for service to public buildings, PEG
(Public, Education, and Government Access) channels, subscriber charges,
emergency use, system standards, customer service standards and complaint
resolution requirements. Most of those are covered in the Cable Communications
Policy Act of 1984.
I was asked at the last meeting what my recommendation would be and I wasn't fully
prepared to offer one at the time. After further research and review, my
recommendation is to ask PGE to present a franchise agreement for our review to
get a jump on their renewal which is due in two years and to look into crafting a
Telecommunications Licensing ordinance which would include right-of-way standards
and a privilege tax in lieu of separate franchises for all telecommunications providers.
I have obtained a copy of the one that the Lane Council of Governments has
prepared and that is in use by several cities in Lane County. I would use that as a
starting point.
CITY OF LAFAYETTE FRANCHISES
FRANCHISEE
COMCAST
formerly TCI
formerly A T & T Broadband
VERIZON
formerly GTE (expired)
NW NATURAL GAS
ORDINANCE NO.
DATE ADOPTED
DATE ACCEPTED
EXPIRATION DATE
FEE
556
311312003
313112003
3113120 13
5%
541
(455)
7/26/200 1
(11/8/1993)
575
711912005
Rejected by Verizon No Agreement in Place
(11/30/98)
7%
81212005
711912025
3%
3%
WESTERN OREGON WASTE
aka City Sanitary
579
121812005
NIA
AUTO ANNUAL
RENEWAL UNTIL
0 1I0712026
PGE
437
611311991
711811991
611312011
3.50%
SPRINT
559
3/27/2003
4/23/2003
4/26/20 13
$1 .OO PER FOOT
INCREASED
ANNUALLY BY CPI
98
1905
NIA
NIA
NIA
RAILROAD
(formerly Oregon & California RR)
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PLEASE USE AREA BELOVV FOE YOUR COIV~~\/IEI\ITS.
\NE APPRECIATE YOUR INPUT!
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CITY OF LAFAYETTE
PO BOX 55
LAFAYETTE, OR 971 27
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From:
Jordan Schrader Ramis PC [[email protected]]
Sent:
Friday, May 01,2009 12:26 PM
To :
McManus Trena
Subject: Oregon Ethics Laws Are Revised Again
The Oregon Government Ethics Laws Are Revised Again
On April 15, 2009, Governor Ted Kulongoski signed into law Senate
Bill 30, the latest reforms t o the Oregon Government Ethics Laws.
The changes went into effect immediately upon signing, addressing
many of the issues created by the changes made to the laws in 2007.
Among the most important changes that affect public officials are the
following:
0
8
Public officials may now accept admission to events and
associated food.
The term "candidate" is now defined.
The definition of "legislative or administrative interest" is
expanded to mean an economic interest distinct from that of
the general public.
The statement of economic interest requirements has been
changed.
Language was moved within the law from ORS 244.100 to
244.060 to better identify what information must be provided
in the statement of economic interest.
ORS 244.282 was modified to add more protection to a public
official.
I f a person requests an opinion and the commission
determines that the person omitted or misstated material
facts in making a request for an advisory opinion, the
commission may impose a penalty.
The manual on government ethics published by the
commission can be relied upon.
The requirement that the commission develop an electronic
filing system has been delayed from January 1, 2010 to
January 1, 2013.
The commission may not disclose the names of any relatives
or members of a household.
Click here to read a more detailed explanation of current ethics
changes.
Jordan Schrader Ramis PC, Attorneys at Law ( www.jordanschrader.corn), was
established in Oregon in 1963. The firm represents private and public clients
Co-authored by Bill Monahan
and Tim Ramis, members of
~
~
~
~
~
~
~
Bill can be reached a t 503-5985519 and Tim at 503-5985573.
~
~
~
~
PLEASE USE AREA BELOW FOR YOUR CO/vt/vtEI\ITS.
WE APPRECIATE YOUR II\IPUT!
CITY OF LAFAY ETTE
P O BOX 55
LAFAYETTE, OR 971 27
CITY OF LAFAYETTE
City Council Rules
As Amended 'March 12 .and April 9,2009
1. PURPOSE
1.1 Pursuant to Section 13 of the City Charter, the Council shall adopt Council
rules. The Council shall review its rules at the Council's I st meeting in January every
odd numbered year. Amendments shall be adopted by a majority vote. The Council
rules are not intended to replace or supersede any applicable federal or state laws or
regulations, City ordinance or policies, or provisions of the City Charter.
2. COUNCIL DISCUSSIONS AND DECORUM - GENERALLY
2.1 In general, Councilors shall conduct themselves so as to bring credit upon
the govermnent of the City by respecting the rule of law, ensuring non-discriminatory
delivery of public services, keeping infonned about the matters coming before the
Council, and abiding by all decisions of the Council, whether or not the member voted in
favor of the decision.
2.2 Councilors shall preserve order and decorum during Council meetings, and
shall not, by conversation or other action, delay or interrupt the proceedings or refuse to
obey the orders of the Presiding Officer or the Council rules. Councilors shall, when
addressing other Councilors, staff or members of the public, be respectful and courteous
in tone and conduct, and confine themselves to questions or issues then under discussion.
2.3 The Council has an obligation to consider and address the questions coming
before it in an efficient and effective manner, and to respectfully consider the opinions of
the City's citizens and other Councilors. Therefore, the following ground rules shall
apply during Council discussions:
Efficiency:
Councilors shall:
2,.3.1.1 Try to gather necessary information, resolve questions,
etc., about issues fiom the staff prior to discussing them at a meeting.
2.3.1.2 During a meeting, seek clarification from staff before
proceeding with evaluation or debate.
2.3.1.3 During discussion, focus on a single issue or topic at a
time, and reach resolution on one issue or topic before proceeding to the
next.
2.3.1.4 Set time limits on discussions and adhere to them.
Page 1 - COUNCIL RULES
2.3.1.5 Keep the discussio~lmoving, and call for a "process
check" if the discussion gets sidetracked or bogged down.
2.3.1.6 Adhere to the established agenda, and schedule additional
issues on a future agenda.
2.3.1.7 Avoid editing or rewriting proposed ordina~lcesor policies
during meetings. If, during discussion, an amendlnent or revision is
indicated, the Council shall request the assista~~ce
of the City Attorney or
staff during the meeting, or direct staff to follow up with the City Attonley
after the meeting.
2.3.2 Effectiveness. Each Cou~lcilorshall:
2.3.2.1 Speak only for himself or herself, not for other
Councilors. A Councilor shall not state that he or she is representing the
Council, unless asked by the Council to do so.
2.3.2.2 Avoid personalizing issues and focus on making decisions
that will best serve the City and its citizens. Focus on City issues and
avoid becoming involved in "extra-territorial" issues.
2.3.2.3 Be open, direct, and candid in Council discussions. Be
brief and succinct in stating views, and avoid redundancy.
2.3.2.4 Give all members of the Council an opportunity to express
their views.
2.3.3 Respect. Each Councilor shall:
2.3.3.1 Listen to the contributions of other Councilors, City staff,
and the public.
2.3.3.2 Avoid personal attacks, and remain objective in
discussions, despite personal feelings on a particular topic or decision.
3. CONFIDENTIALITY
3.1 Councilors sllall not share or discuss any confidential information with
anyone other than other Cou~lcilors,t11e City Administrator, or the City Attorney.
3.2 Discussions in executive session are confidential. If the Council, in
executive session, reaches consensus or provides direction to staff on confidential matters
-- such as negotiations on property acquisition or disposal, pending or likely claim or
litigation, or employee negotiations -- all contact with other parties shall be made only by
the staff person or Councilor authorized to handle the matter.
Page 2 - COUNCIL RULES
3.3 All public statements, infonnation, or press releases relating to a confidential
matter will be handled by designated staff or a designated Councilor.
3.4 The Council, by resolution, may censure a member who discloses a
confidential matter. As used in this section, "censure" means to nlalte a fonnal statement,
either verbally or in writing, expressing strong disapproval or harsh criticis~nby the
Council of an action of a member who the Council believes has violated this rule. This
censure can be done by a notion to censme, or a resolution of censure, either of which
nlust set out in detail the alleged violation.
4. COMMUNICATION WITH STAFF
4.1 In observing the separation between policy-making and administration, the
following rules shall apply:
4.1.1 Councilors and staff shall work together in a spirit of mutual
confidence and support.
4.1.2 Except in a Council meeting, Councilors shall not attempt to
influence or coerce a staff member on decisions concenling personnel,
purchasing, awarding of contracts, selection of consulta~~ts,
processing of
development applications, or the granting of City licenses and permits.
4.1.3 Councilors shall direct to the City Adnli~listratorall requests for
infonnation from staff, or, if information is needed of the City Attorney, direct
requests to the City Administrator or the Mayor for communication to the City
Attorney, and allow sufficient time for response.
4.1.4 Councilors shall limit individual contact with City e~nployeesso as
the authority of
not to interfere with their work performance, u~~dermine
supen~isors,or prevent the full Council from benefiting from information
received.
4.1.5 Councilors and staff shall be respectful and constructive wllen
offering criticism of each other, whether inside or outside of a public meeting.
4.2 Staff shall submit all wlitten material requested by the Mayor or individual
Councilors on behalf of the City to the entire Council, with a notatioll indicating who
requested the info~mation.
4.3 During a Council meeting, Councilors shall address staff questio~lsto the
City Ad~ninistrator,who shall be entitled to either answer the inquiry or designate a staff
me~nberto do so.
4.4 With the concurrence of the Council, directions to staff shall be given by the
Mayor to the City Administrator. Directions for staff shall be clear, and shall be recorded
in the minutes.
Page 3 - COUNCIL RULES
5. AGENDA
The City Adnlinistrator shall prepare an agenda of the business to be presented at
5.1
a l of business
a regular Council meeting. The itenls on the agenda should follow the f o ~ ~ norder
prescribed elsewhere in these rules. Tlle City Administrator, Mayor, council menlbers or the
public may request that a matter be placed on the agenda. The City Ad~ninistratorshall have
the discretion of placing an item on the agenda for the upcoming nleeting or a subsequent
meeting because of time constraints or time needed for compilation of materials. Requests for
placen1ent of an iten1 on the agenda must be received by the City Adlninistrator by 5:00 p.m. on
the Wednesday a week prior to a regularly scl~eduledmeeting. If an agenda item is requested to
be placed on an agenda and staff isn't able to accom~nodatetlle request, then the reason why will
be colnnlunicated to the person who requested it.
5.1.1 An iten1 may be added to, or removed from, the agenda at the beginning
of any meeting by t l ~ eCity Ad~ninistrator,the Mayor or any council member subject to
approval by a majority of the council present at t l ~ meeting.
e
Regular meetings shall be conducted in the following order of business, subject to
5.2
the right of the mayor, with council consent, to alter the order of business:
Call to order.
Flag Salute.
Roll call.
Approval of minutes from previous regular meeting.
Review proceedings and approve minutes of special meetings.
Additions and Deletions. The purpose of this item is to add or delete items on the
agenda. Items may be added or deleted by the City Ad~ninistrator,Mayor, or with
concurrence of a ~ n a j o ~ iof
t y the Council.
Public h e a ~ i n ~ s . All public hea~ingswill be subject to notice requirements as listed
in other city ordi~lancesand state law, unless there are none, and then a Notice of Public
Hearing shall be placed in a local newspaper a minimum of one time within the 7 days
prior to the meeting. A copy of this Notice of Public Hearing shall also be posted at City
Hall during that time.
Citizen Input on aon-agenda items. The purpose of this item is to allow citizens to
address the council on matters related to city govemnent and properly the object of
council consideration. A time limit of five minutes per citizen shall apply, unless the
Mayor, prior to the Citizen Input period, decides to allocate less time. Citizen co~nlnent
shall not exceed 30 minutes unless tlle council votes to suspend the rules. If the
consensus of the Council is that a specific matter brought up during this portion of the
Page 4 - COUNCIL RULES
meeting should be discussed fix-ther or acted on, tl~enthe Cou~lcilcan direct staff to look
into the matter or place it on a future agenda.
De~artinentalreports. Reports by staff me~nbersas deemed al~propriateby the City
Ad~ninistratoror requested by council; Reports by Cou~lcilDepartnlental Liaisons if
requested; Written reports included in packets may be discussed here if requested by a
member of the council or the City Administrator.
Legislative Actions. Adoption of Ordina~lcesand Resolutioas. A reasollable amount of
time will be allocated for audience questions and c o ~ n ~ n e ~onl t each
s
agenda iten1 in this
section. The Mayor must recognize each person before they are allowed to speak.
Action Items. Items deemed by City Administrator to require a consensus decision or a
motioll and vote of the council, other than the adoption of Ordinances and Resolutions.
A reasonable amount of time will be allocated for audience questions and conunents on
each agenda item in this section. The Mayor must recognize each persoil before they are
allowed to speak.
Discussion Items. Updates from City Administrator concerning 011-going projects,
cou~lcildiscussion of proposed policy cl~anges,discussion of proposed projects, etc. A
reasonable amount of time will be allocated for audience questions and comments on
each agenda item in this section. The Mayor must recognize each person before t l ~ e yare
allowed to speak.
Committee Reports. Advisory committee representatives will be required to ask to b e on
the agenda by 5:00 p.m. on Thursday of the week preceding the meeting.
Mayor's Report.
Review of Handout Material. Questions about any of the FYI material sent out in the
packet may be asked at this time.
Adi ounxnent.
5.2.1 Each agenda item withill the Legislative Actions, Action Items, and
Discussion Items categories will be dealt with in the following order:
1. Staff Explanation
2. Cou~lcilQuestions
3. Cou~lcilDiscussioll
4. Audience Questions/Comme~~ts
5. Council Motion
6. Cou~~cil
Deliberation
7. Vote
6.
PRESIDING OFFICER
Page 5 - COUNCIL RULES
7.
6.1
The Mayor slzall be the Presiding Officer at all regular and special
meetings and executive sessions of tlze Council. T l ~ eMayor shall conduct
all meetings, preserve order, enforce the rules of the Council and
deternline the order and lengtll of discussion of any matter before the
Council, subject to these rules. In the absence of tlze Mayor, the Council
president shall assume tlze duties of Presiding Officer.
6.2
The Mayor slzall have all duties and privileges of any Councilor, and slzall
not be denied any right or privilege by reason of his or her position as
Presiding Officer. However, the Mayor shall vote only in tlze case of a tie
vote, consistent with the City Charter.
MEETINGS
7.1
Tlze Cou~zcilshall meet regularly at 6:30 p.m. on the second Thursday of
each nzo~lthin the Council Chanzbers. A second regular meeting or work
session may be lzeld on the fourth Thursday of each month, also in tlze
Council Chambers. All regular ~neetingsor work sessions slzall be open to
the public. All regular meetings or work sessions will be adjourned not
later than 10:30 p.m. unless extended by consent of each and every
councilor present at that meeting. Tlze Council may, at its discretion,
schedule meetings or work sessions at otlzer tilzzes to be announced.
7.2
Councilors shall make every effort to attend all meetings. Councilors shall
infonn the Mayor and/or the City Administrator if they are unable to
attend any meeting. The Mayor shall infonn the Council president and the
City Administrator if he or she is unable to attend a meeting.
7.3
Every effort shall be made to begin meetings on time, and to avoid unduly
long meetings. With tlze concurrence of tlze Council, the Mayor may table
or postpone discussion on an item or matter until a subsequent meeting.
7.4
At tlze beginning of each regular meeting, the Council shall designate a
time for community comment, which shall be reserved for citizens $0
address the Council on matters related to City govenment and properly
tlze object of Council consideration. Time is linlited to five (5) minutes for
each speaker, unless the Council decides prior to tlze comnunity comment
period to allocate Inore or less time. Tlze purpose of the colnmunity
co~nlnentperiod is to provide citizens an opportunity to be heard by the
Council primarily on issues not on tlze agenda. Councilors should refi-ain
from engaging speakers in debate or extended dialogue, or directing
questions to staff for immediate response. Councilors shall refer
co~zzplaintsor questions to the City Adnlinistrator or the appropriate staff
person.
7.5
The Presiding Officer shall direct persons addressing tlze Council to either
stand or step to the podium, to limit tlzeir conlments to five minutes, and,
Page 6 - COUNCIL RULES
if requested, give their nanle and address. All remarlts shall be addressed
to the Council as a body. Any person nlalting personal, inlpertinent, or
slanderous remarlts, or who beconles boisterous, tllreatening, or personally
abusive while addressing the Council may be requested to leave the
meeting.
8.
7.6
After a motion has been made or after a public hearing has been closed, no
public member shall address the Council witl~outfirst securing pesnlission
fi-o~nthe majority of the Council.
7.7
Tlle Mayor may, or, at the request of tlree me~nbersof tlle Council, shall,
call a special or emergency ~neetingafter giving notice as required by
Oregon's Public Meeting Laws. No other business shall be transacted at
any special or emergency meeting, other than tlzat for whicll it was called.
All proceedi~lgsof the special or emergency meeting must be reviewed at
the next regular Council meeting.
7.8
Upon motion and majority vote of the Cou~lcilmembers present, any
meeting of the Council may be continued or adjounled from day to day or
for more than one day, provided that no adjoument shall be for a period
longer tllaa until the next regular meeting. A motion to adjounl shall not
be made while a Councilor is speaking, or while a vote is being taken. A
motion to adjou~nis debatable only as to the time to which the meeting
will be adjourned.
7.9
A short break may be taken during the meeting upon the request of two or
more Council menlbers.
ORDER AND DECORUM DURING COUNCIL MEETINGS
8.1
Tlle Presiding Officer shall preserve order at all meetings of the Council,
e
of any person fi-om any meeting for disorderly conduct, and
cause t l ~ removal
enforce the rules of the Council. The Presiding Officer may command the
assistance of a police officer to restore order at any meeting. If a meeting is
disrupted by members of the audience, the Presiding Officer or a ~najorityof
the Council present may order that the Council Chambers be cleared.
8.2
Any of t l ~ efollowing shall be sufficient cause for the removal of any
person fi-om the Council Cha~nbersfor the duration of the meeting:
8.2.1 Uilreasonably loud or disl-uptive language, noise or conduct
that is obstructive of the work or the conducting of the
business of the Council.
8.2.2 Engaging in violent or distracting actions.
8.2.3 Willful injury of fusnishings or of the interior of tlle
Council Clla~nbers.
Page 7 - COUNCIL RULES
,
8.2.4 Refusal to obey an order of the Presiding Officer or an
order issued by a Councilor which has been approved by a
~najorityof the Council present.
8.3
9.
10.
Before the person is renloved from the Council Chanlbers for conduct
described in this section, that Presiding Officer shall wan1 the person to cease
his or her conduct.
EXECUTIVE SESSIONS
9.1
An executive session (meeting closed to the public) may be held in
accordance with Oregon's Public Meetings Laws, if permitted under ORS
192.660. Executive sessions may be held during regular or special meetings,
so long as appropriate statutory require~nentsare met.
9.2
No final action may be taken during an executive session. When the
Council reconvenes in open session, final action may be taken. Only the
Council, City qttorney, staff members requested by the Council, and news
media represe~ltativesmay attend the executive session. Unless specifically
provided by law, the Council may not prevent legitimate media
representatives from attending the executive session. However, the Presiding
Officer shall instruct members of the press that they may not report tlle
substance of an executive session.
9.3
As determined by the Council, minutes may be taken or, in the
alternative, a sound recording of the meeting may be made as provided for in
ORS 192.650(2).
MEETING STAFFING
10.1 The City Administrator shall attend all Council meetings unless excused
by the Mayor. The City Administrator may make recomne~ldatioasto the
Cou~lciland may take part in all Council discussions, but shall have no vote.
10.2 At the request of the City Administrator or Mayor, the City Attorney shall
attend Council meetings and shall, upon request, give an oral or written
opinion on legal questions. The City Attorney, if requested, shall act as the
Council's parlia~nentarian.The City Attorney should be recognized by the
Mayor before he or she addresses the Council du~ingCouncil meetings.
1'0.3 Tlle City Administrator shall perform the duties of meeting recorder, or
shall designate a staff or contact person as a meeting recorder. The meeting
recorder will attend all Council meetings and keep the official minutes, and
perform such other duties as may be needed for the orderly conduct of
meetings.
il
upon
10.4 Department directors or other staff will attend C o u ~ ~ cmeetings
request of the City Administrator.
Page 8 - COUNCIL RULES
MINUTES
11.1 Minutes shall be prepared wit11 sufficient detail to meet their intended
uses. Verbatim lllinutes are not required.
11.2 The lninutes of meetings of the Council shall comply wit11 pro\lisions of
ORS 192.650 by containing, at minimum, the following infonnation:
11.2.1 Tlle name of Councilors and staff present.
11.2.2 All motions, proposals, resolutions, orders, ordinances and
nleasures proposed, and their disposition.
11.2.3 The result of any votes, including ayes and nays and the
names of t l ~ eCou~lcilorswho voted.
11.2.4 The substance of the discussio~lon any matter, including
direction to staff.
11.2.5 Reference to any document discussed at the meeting.
11.3 Exhibits presented before the Council in connection with its deliberations
on a legislative, quasi-judicial or other substantive matter shall be accepted
by the Council and made a part of the record. Tlle exhibit shall be marked for
identification and referenced in the minutes. The exhibit or a copy thereof
shall be provided to the meeting recorder.
11.4 Tlle Council may amend the minutes to more accurately reflect what
transpired at the meeting. Cou~lcilorsshall submit any cl~anges,additions or
corrections to the City Administrator prior to the meeting at which they will
be adopted, so that a corrected copy can be issued prior to the meeting.
Under no circumsta~~ces
shall the minutes be cl~angedfollowing approval by
the Council, unless the Council autllorizes such change.
CONDUCT OF HEARINGS
12.1 Scope of Rules. The rules contained in this section shall govern the
collduct of ad~ninistrativeand quasi-judicial hearings held by the cou~lcil
including, but not limited to, those held pursuant to land use matters of the city.
12.2 Nature and General Conduct of Heal-inn.
12.2.1 The Council when conducting any such hea~ingshall afford
persons entitled under the ordi~zancesof the city, sucl~as
the land use ordinances, to notice of hearing, an
opportunity to be heard, to present and rebut evidence to an
inlpartial tribunal, and to have a decision based on
substantial evidence.
Page 9 - COUNCIL RULES
12.2.2 No person in attendance shall be disorderly, abusive or
g any
disruptive of the orderly conduct of the l ~ e a ~ i nand
person may be removed fi-om the hea~ingfor sucll conduct.
12.2.3 No person offering testinlony shall speak Inore than once
without obtaining pe~missiollfi-om the presiding officer.
12.2.4 No person shall testify without first standing, receiving
recognition fso~nthe presiding officer and stating his or her
name and residence or business address.
12.2.5 No person shall present irselevant, im~naterial,or unduly
repetitious testi~nonyor evidence; provided, however, that
reports and documents prepared by city persollllel shall be
deemed relevant, material and the weight or colnpetency
thereof shall be determined by the council.
12.2.6 There shall be no audience de~nonstrations,such as
applause, cheering, display of signs, or other conduct
disruptive of the hearing.
12.2.7 The presiding officer, councilors, city administrator, city
attonley and with the approval of the presiding officer, any
other employee of the city may question and cross-examine
any person who testifies.
12.3 Order of Procedure. The presiding officer, in the conduct of the hearing,
shall co~nplywith the appropriate city ordinance and/or state law for specific
types of hearings so regulated. For administrative hearings not subject to
other city ordinances or state law, the hearing will be conducted in the
following manner:
12.3.1 Colnnlence the Hearing. Announce the nature and purpose
of the hea~ingand sunmarize the rules for the co~lductof
the hearing.
12.3.2 Call for Abstentions. Any councilol- a~mouncinga
decision to abstain shall identi@ the reasons for abstaining
and shall not participate in discussion of the matter or vote
on the matter.
12.3.3 Staff Revort. The City Administrator, or designee, shall
sununarize the nature of the matter, explain any graphic or
pictorial displays which are a part of tlze record, and
provide such other illfonnation as may be requested by the
Council.
Page 10 - COUNCIL RULES
12.3.4 Written Co~ll~llu~licatiolls.
Written conl~nunications
addressing any matter before the council shall be received
by the city by 5:00 p.m. on the FI-iday imnnlediately
preceding a regularly scl~eduleclcouncil meeting unless fos
good cause the council waives the time period therefor.
12.3.5 Audience Particination. Those present wishing to speak in
favor of tlle proposed action will be allowed to speak,
followed by those opposed to the proposed action.
12.3.6 Close of hear in^ and Deliberation bv Council. The
presiding officer shall conclude the hearing and the council
shall deliberate the matter. The council shall either ~nalte
its decision or continue its deliberations to a subsequent
meeting, tlne time and place of wllicll nlust then be
a~mounced.The subsequent meeting shall be for the
purpose of continued deliberation, and the presiding officer
shall not allow additional sub~nissionof testimony, except
on approval by the council.
13.
BIAS AND DISQUALIFICATION
Generally, conflicts of interest arise in situations where a Councilor,
13.1
as a public official deliberating in a quasi-judicial proceeding, has an actual
or potential financial interest in the matter before the council. Under state
law, an actual conflict of interest is defined as one that would be to the
private financial benefit of the Councilor, a relative of the Councilor, or a
business with which the Councilor or a relative of the Councilor is associated.
A potential conflict of interest is one that could be to the private financial
benefit of the Councilor, a relative, or a business with which the Councilor or
a relative is associated. A relative means the spouse, children, siblings or
parents of the public official or public official's spouse. A councilor must
publicly announce potential and actual conflicts of interest and, in the case of
an actual conflict of interest, refrain from participating in debate on the issue
or from voting on the issue.
1. In the case of a quasi-judicial matter that is heard by the Council, a
Councilor must disclose his or her participation in a prior decision or
action on the ~natterthat is before the Council. (A colnlnon example is
when a Pla~ulingCon~n~ission
menlber is elected or appointed to the City
Council or if a Councilor testifies at a Planning Colnlnission meeting.)
Tlle Councilor shall state wlletller he or she can participate in tlle hearing
wit11 an open mia ad and wit11 conlplete disregard for the previous decision
made. If the Councilor is unable to hear the matter ilnpartially, the
Councilor must disqualify hiimself or herself from participating in the
proceedings and leave the room.
Page 11 - COUNCIL RULES
13.2
If the City Council believes that the me~nberis actually biased, it lnay
disqualifj the me~nberby ~najorityvote from participating in a decision on
the matter. A Councilor who has been disqualified fi.0111 participating in a
decision may participate in the proceeding as a private citizen if the
Councilor is a party wit11 sta~ldi~lg.
13.3
For quasi-judicial hearings, Councilors will endeavor to refrain from
having ex parte contacts relating to any issue of the healing. Ex parte
contacts are those contacts by a party on a fact in issue under circumsta~lces
that do not involve all parties to the proceeding. Ex parte contacts can be
made orally when the other side is not present, or they can be in the form of
written i~lfonllatio~l
that the other side does not receive.
If a Cou~lcilorhas ex parte contact prior to any hearing, the Councilor
13.4
will reveal this contact at the meeting and prior to the hea~iag.Tlle Councilor
shall describe the substance of the contact and the Presiding Officer shall
announce the right of interested persons to rebut the substance of the
conmunication. The Councilor also will state whetller sucll contact affects
the Councilor's impartiality or ability to vote in the matter. The Councilor
must state whether he or she will participate or abstain.
13.5
For quasi-judicial hearings, a Councilor who was absent during the
presentation of evidence cannot participate in any deliberations or decision
regarding the matter unless the Councilor has reviewed all the evidence and
testimony received.
Ally propoae~lt,opponent, or other party interested in a quasi-judicial
13.6
matter to be heard by the Council may cllallenge the qualification of any
Councilor to participate in such hearing and decision. Such challenge must
state facts relied upon by the party relating to a Councilor's bias,
prejudgment, personal interest, or other facts from which the party has
concluded that the Councilor will not participate and make a decision in an
impartial manner. Sucl~cl~alle~~ges
shall be made prior to tlle comme~~ce~nent
of the public hearing. The Mayor shall give the cl~allengedme~nberan
opportunity to respond. A motion to accept or deny the challenge will be
accepted and voted upon by the Council. Such challenges and the Council's
decision shall be incorporated into the record of the hearing.
14. GOVERNMENT STANDARDS AND PRACTICES COMMISSION
REQUIRER!IENTS AND REPORTING
of the State
Councilors shall review and observe the require~ne~~ts
14.1
Government Standards and Practices Laws (ORS 244.01 0 to 244.390)
regarding the use of public office for p~ivatefinancial gain.
Councilors shall give public notice of any conflict of interest or
14.2
potential conflict of interest and the notice shall be reported in tlle meeting
Page 12 - COUNCIL RULES
minutes. III addition to lnatters of financial interest, Cou~lcilorsslzall
maintain the highest standards of ethical conduct and assure fair and equal
treatnlent of all persons, claims, and transactions coming before the Council.
This general obligatioll includes the duty to refrain from:
1. Disclosing confide~ltialinfonl~ationor malcing use of special
lu~owledgeor infonnatioll before it is made available to the general
public;
2. Making decisions involving business associates, customers, clients
and colnpetitors;
3.
Violation of council rules in fact or intent;
4. Appointing relatives, clients or enlployees to boards and
commissions;
5. Requesting preferential treatment for the~nselves,relatives,
associates, clients, coworkers or friends;
6.
Seeking employment of relatives with the city;
7. Actions benefiting special interest groups at the expense of the city
as a whole;
8. Participating in decisions of city boards and comnissions where
there is a possibility of appeal of the matter to the council.
9. Expressing an opinion which is co~ltraryto the official position of
the cou~lcilwithout so stating.
In accordance with ORS 244.195, it is the Councilor's responsibility to
14.3
file annual statements of economic interest with the Govenxnent Standards
and Practices Comnissioa.
15. LEGAL ADVICE
15.1
Requests to the City Attorney for advice or legal researcll outside a
Council lneeting shall be initiated only by the Mayor or the City
Ad~ninistrator.Before requesting research or other action by the City
Attorney, the Council is encouraged to consider consulting wit11 tlie City
Administrator to ascertain wllether the request or action can be acco~nplished
more cost-effectively by alternative means. In any case, the City Attorney
shall provide any written response to the full Council and, u ~ ~ l eotllerwise
ss
directed by the Mayor, to the City Administrator.
Page 13 - COUNCIL RULES
16.
CONDUCT OF BUSINESS
16.1 Motion Procedure. When a nlotio~lis lnoved and seconded, it shall be
stated by the presiding officer for debate. A ~notiollonce made nlay not be
withdrawn by the nlover without the consent of the councilor secondi~lgit.
No councilor shall be allowed to speak more than once on a particular
question until every other councilor has had an opportunity to do so.
16.2 Motion to Postpone or Table. A motio~lto postpone or table nlay be
debated and amended and nlay specify a time when the questioil will be
considered. A nlotion to table precludes all a~nendme~lts
or debate and if the
notion prevails, consideration of the question may be resumed only upon the
notion of a member voting with the majo~ity.
16.3 Point of Order. Any lne~nbermay raise a point of order at any time and
the presiding officer shall determine all points of order, subject to the right of
any. councilor to appeal the decision to the full council.
17.
PROCESS FOR DETERMINING RESIDENCY
17.1 The Council, or the City Administrator at the request of the Council, shall
determine whether a person is qualified to hold elective city office consistent
with the requirements inlposed by the City Charter.
17.2 Residency means a person actually lives and maintains a domicile within
City limits where they personally reside. A detennination of residency must
include physical occupancy of the structure.
17.3 The Council or City Admi~listratorshall use their best judgment in
making a detennination on residency and may consider (but are not limited
to) any of the following as an indication thereof:
17.3.1 voter registration card;
17.3.2 Oregon driver license;
17.3.3 tax returns; or
18
17.3.4 mail addressed to the Councilor at a street address located
within the city linzits.
LIAISON ROLES
18.1 The following liaison areas of responsibility may be appointed by the
Mayor with the approval of Council.
18.1.1 Committees, boards and worlcgsoups, as deemed necessary by a
majority vote of the Cou~lcil.
Page 14 - COUNCIL RULES