PHILOMATH COMMON COUNCIL
MINUTES
February 9, 2004
The common council of the City of Philomath met on Monday, February 9, 2004, at 7:00 PM in the Philomath City Hall Council Chambers. Mayor Chris Nusbaum called the meeting to order.
I. ROLL CALL
Present: Mayor Chris Nusbaum, Councilors Eric Karbowski, Kathi Harwood, Scott Ramsey, Richard Matson, Susan Craig, and Ken Schaudt.
Staff: Randy Kugler, City Manager; Scott Fewel, City Attorney; Beau Vencill, Public Works Director; Ken Elwer, Chief of Police; Joan Swanson, Finance Director; and Ruth Post, City Recorder.
SPECIAL PRESENTATION
Officer Jeff Waite – Chief Elwer explained that Officer Waite has accepted a position with the Salem Police Department. He presented Officer Waite’s wife with flowers and Officer Waite with a token of appreciation for his years of dedicated service with the Philomath Police Department.
AWARDS
Mayor Nusbaum noted two certificates the City has received from the League of Oregon Cities. The City was awarded a Gold Safety Award for a workplace injury frequency of 0.00 in FY 02-03 and a Silver Medal Award for wellness promotion for 95.8% employee enrollment in the Healthy Benefits program in FY03-04.
II. CONSENT AGENDA
1) Council Minutes – January 26, 2004
MOTION: Councilor Schaudt moved to approve the consent agenda. Motion seconded. Motion approved unanimously.
III. ITEMS REMOVED FROM CONSENT AGENDA
None.
IV. VISITORS/PETITIONS
Mayor Nusbaum reminded visitors of the 5 minute limitation to Visitors/Petitions and the options available to the Council and visitors.
Dennis Stillwaggon, 5300 SW Whitby, Corvallis, OR – Mr. Stillwaggon followed up on his presentation from the 1/26/04 meeting to address questions about hunger in Philomath. He described a needs assessment.
Toni Hoyman, 232 N 8th Street, Philomath, OR – Ms. Hoyman was concerned that an application for the Transportation and Traffic Safety Commission submitted by Greg Dauw had not been acted upon. Mr. Kugler explained that the Council had directed him to put an article in the upcoming newsletter and that any applications received would all be acted upon at the same time.
Mayor Nusbaum asked Ms. Hoyman to explain an issue raised by a citizen at Congressman Peter DeFazio’s town meeting earlier that day. Ms. Hoyman explained that this citizen was from outside the City limits and had problems with social security.
V. STAFF REPORTS
City Manager – Mr. Kugler reported that the Oregon Crafted Program presented by Joan Shea at the last Council meeting will be holding a meeting on 2/11/04.
Public Works Director – Mr. Vencill reported that the League of Oregon Cities has put the City in touch with an energy consultant, BacGen, who does energy audits. The City has an appointment for an energy audit on the water treatment plant. Mr. Kugler provided expanded information about the program.
City Recorder – Ms. Post updated the Council on the cost to-date for legal representation outside the city attorney’s retainer for the two LUBA appeals. The cost to-date for the Durham case was reported as $5,774.68 and the cost to-date for the Couplet case was reported as $4,558.17. Mr. Fewel reported that Durham is pending before the Court of Appeals with no oral arguments. He also reported that Friday was the deadline to file intent to appeal on the Couplet case and nothing has been received. The billings to-date should represent the bulk of the expense for the legal representation on the two cases.
Finance Director – No report.
Police Chief – No report due to Chief Elwer’s temporary absence from the meeting.
City Attorney – Mr. Fewel stated he gave his report under the City Recorder’s report.
V. NEW BUSINESS
2) Couplet Update – Mayor Nusbaum addressed the upcoming process to move the couplet forward. He wanted to create a system to prevent future couplet debate from degrading to the level of last year’s process. He noted that the new Council and Mayor had inherited a process that was possibly not the best. He described the timeline for design, bid opening, and construction. He described efforts to keep the construction locally contracted. He summarized the participants and teams involved in the process. Mayor Nusbaum explained that there are two members of Council on each of team, Management, Design, and Access. He explained checks and balances to keep Councilors working together. He stated that all team meeting minutes will be included in Council packets and that all citizen requests for information should be directed to City Hall along with all media requests. He noted public outreach efforts planned and that all team meetings will abide by Oregon public meeting statutes.
Councilor Schaudt had concerns that the Mayor’s comments did not properly credit the extensive citizen involvement that occurred prior to the election last year. He suggested the Mayor use caution in those comments.
Mayor Nusbaum asked if there was any citizen input. Toni Hoyman stated the prior Council had held many public meetings and no matter what decisions are made, Councilors will always be subject to criticism by those who disagree.
There was discussion by the Council about ongoing updates and agreement that the progress would be regularly discussed at Council meetings.
3) Wastewater Master Plan Presentation – Westech Engineering, John Yarnall and Chris Brigato – Mr. Yarnall described Westech Engineering’s history with the City and the Wastewater Master Plan. He summarized improvements that have occurred over the 20 years since the last master plan was adopted in 1985. He noted that the City has been proactive in planning for the future. He gave an overview of the history of Philomath’s sewage treatment process. He noted areas of improvement needed including capacity issues with Pump Station A. He handed out a recommended implementation schedule for improvements, and map of recommended collection system improvements. (Supplemental Agenda Item #VI3) He estimated that the recommended improvements would cost $2.6 million over the planning period (23 years) with $1.1 million of that being for Pump Station A. He reviewed the recommended sewer treatment plant improvements, including addition of a third lagoon with an estimated cost of $2.5 million. He stated that DEQ review of the City’s plan is expected to be delayed due to DEQ’s backlog and because Philomath’s system has not historically been a problem. Due to that delay, he suggested a couple of possible timelines for the Council to consider regarding adoption and application to the City’s Capital Improvement Plan.
Prioritizing the projects, Mr. Yarnall recommended that replacement of Pump Station A should be the City’s highest priority.
Ms. Swanson requested a schedule of estimated disbursements to allow staff to plan for rates. Mr. Yarnall explained that grant funding is more limited than it was 20 years ago and because Philomath is not non-compliant grant funding is even more limited. However, he did not recommend becoming non-compliant in order to get free money. Mr. Kugler pointed out that along with that grant money usually come large rate increases to customers.
Councilor Karbowski requested clarification about the improvements to be funded by developers. Mr. Yarnall explained that developers would typically pay for extension of service to areas not currently served.
Mr. Fewel requested clarification of the adoption process pending DEQ approval. Mr. Yarnall explained that the Council could move to use the information from the plan to update the Capital Improvement Plan and then set rates and SDCs, none of which would take effect until after DEQ approval. Councilor Matson asked if rates can be adjusted without DEQ approval. Mr. Fewel stated that yes, they could be, but the master plan provides justification for those increases.
MOTION: Councilor Craig moved the City Council approve the revised Wastewater Facility Plan as prepared by Westech Engineering subject to amendment as required after approval by the DEQ. Motion seconded. Motion approved unanimously.
VII. INFORMATION/CORRESPONDENCE
No comments.
VIII. EXECUTIVE SESSION
Mayor Nusbaum moved the meeting into Executive Session at 8:45 p.m. per ORS 192.660(h) Litigation. The public was excused. In addition to Council, the following staff remained in attendance: Mr. Kugler, Mr. Fewel, Ms. Swanson, and Ms. Post.
XI. ADJOURNMENT
The Council reconvened in regular session at 9:25 p.m. Being no further business to come before the City Council, the meeting was adjourned at 9:26 p.m.
Chris Nusbaum, Mayor
ATTEST: Ruth Post, City Recorder