The meeting was called to order by Mayor Cheryl A. Young at 7:30 p.m. Mayor Young delivered the invocation and led the flag salute.

Mayor Cheryl A. Young

Councilor Marian Calnon

Councilor Bill Guy

Councilor Gary Hudson

Councilor Bob Schmor

COUNCIL MEMBERS ABSENT:

None

ALSO PRESENT:

Michael Reedy, Chief of Police

Micah Olson, Public Works Superintendent

Leahnette Rivers, City Administrator/Recorder

ATTORNEY PRESENT:

Harold Olsen, City Attorney

A quorum was present and due notice had been published.

Leahnette Rivers explained that the City Council recently approved updates to the Capital Improvement Plans and System Development Charge Studies as a result of the recent expansion to the City's Urban Growth Boundary. She said a portion of the update will be completed during the current budget year, and the remainder will be completed in the upcoming budget year. She said the updates can be paid for with System Development Charge revenue, and she recommended the Council consider the following changes to the budget to reimburse the water, sewer and street funds for their expenditures this year, and to appropriate the funds for the remaining expenditures in the coming year:

In addition to the above changes, Leahnette said the Police Department has submitted a request to purchase a new computer in the amount of $500, St. Helens Senior Center has requested $1,100 for the Meals-on-Wheels program, and the Scappoose Senior Citizens has requested assistance for senior transportation services. The Council reviewed letters dated May 21, 2004 from the St. Helens Senior Center and May 23, 2004 from the Scappoose Senior Citizens addressing their requests. Mayor Young declared a conflict of interest because she works for the St. Helens Senior Center. After a lengthy discussion, it was the consensus of the Council that all of the requests be approved, and each senior group receive the same level of financial assistance. Leahnette said funds are available in the contingency category to provide for a $500 computer and to donate $1,100 to both senior groups. She recommended the following changes in response to the three requests:

Councilor Schmor suggested that community groups try to get their budget requests in to the Budget Committee in the future.

Leahnette noted that during the Budget Committee Meeting she asked the Budget Committee to levy $124,631 for the sewer debt levy, and she has since learned that the number was in error. She said instead, the levy amount should be $110,722, which is the amount of levy she advertised in the legal notice in the newspaper. She said the adopting resolution for the budget reflects the corrected sewer levy in the amount of $110,722.

Public Hearing opened.

Sally Ann Marson of Columbia City said, as a member of the Budget Committee, she recommends approval of the requested changes.

Public Hearing closed.

AGENDA ITEM 3 CITIZEN INPUT: Frank and Joan Cisneros of Columbia City addressed the City

Council. Mr. Cisneros noted that he could not help but focus on the phrase "and justice for all" during the Pledge of Allegiance. He said in Columbia City there is only justice for some citizens. He said during the Mayor's invocation, she asked for God's help with the business at hand, and he said he is sure that God would also be in favor of justice and fairness for all.

Mr. Cisneros read a prepared statement, saying the words "there was no harm done" used by Ms. Rivers still ring in their ears. He said they have also had significant costs for legal advice to protect their rights as citizens. He said they could not understand why they did not receive a direct decision from the Council, after asking them to intervene. He said they had asked the Council to overrule the acting City Attorney's advice in a timely fashion. He said instead they received a copy of a letter from the City Attorney, addressed to their lawyer, almost a month after the meeting they had attended. He said the letter did not take any of their arguments into consideration, and the City's attorney asked their attorney for the legal authority that would require the City to disclose the name of the person that entered the false claim. Mr. Cisneros said they contend that the City should not operate like a secret society and should practice good faith in their dealings with all citizens. He said they keep reading about the Freedom of Information Act in government issues and don't know why it doesn't apply in Columbia City. He said in their opinion, none of the statutes submitted by the City's Attorney apply in this case, especially for an issue in which the City has no authority and should not have been involved in. He said the City Attorney's letter stated that the City Council did not feel any useful purpose would be served by revealing the name of the person that made the false and slanderous accusation. Mr. Cisneros asked what purpose the City served by protecting a person who makes false and slanderous statements, especially in the area that the City has no jurisdiction, without making any attempt to substantiate the claim or contact them. He asked what purpose does it serve to forward an unsubstantiated claim, sullying their name, to another governmental agency and the Hudson Garbage Company. He asked when the Council offered this opinion, which smacks of bureaucratic liberty, to the City Attorney.

Leahnette Rivers said the Council made the decision during their May 20, 2004, City Council Meeting.

Mr. Cisneros said that was three weeks after they had asked for a timely response.

Mayor Young explained that the City sought a second opinion before making a decision.

Mr. Cisneros said he asked the Council to intervene and forget about the attorney's opinion. He asked if the Council's vote was unanimous.

Leahnette said it was a unanimous vote.

Mr. Cisneros asked why the Council had not contacted them directly with their opinion, and in a timely fashion, as they had requested.

Leahnette explained that when an attorney contacts the City's Attorney as a representative of a citizen, the City's Attorney would respond back through the citizen's attorney, rather than directly to the citizen. She said the Cisneros' attorney had corresponded with the City's Attorney after the meeting they had attended.

Mr. Cisneros said they made an attempt to get the Council to rule on this separately from the City Attorney, and he had promised and pledged that there would be no lawsuit involved. He asked why the Council went back to the City Attorney after they had asked the Council to overturn the Attorney's opinion. He said they had pledged in good faith that no harm, legal or otherwise, would come to the person or the City if the name had been released. Mr. Cisneros asked Harold Olsen, City Attorney, what his advice to Ms. Rivers would have been if she had come to him when the accuser originally recorded the unsubstantiated claim involving a matter not under the City's jurisdiction, while also asking to have their identity protected. He asked if Harold would have honored the request.

Harold Olsen said he would not respond to the question because his duty is to the City Council.

Mr. Cisneros said there were a few opportunities for Ms. Rivers' to have checked with the City Attorney before she gave in to the badgering from this person for her to act in their behalf. He asked if the City Attorney will charge extra for defending this matter in a court action.

Mayor Young said she would not be able to answer that question at this time because we may not use the City Attorney to defend us in this matter.

Mr. Cisneros asked if the City has the money to defend non-City business defenses. He said they tried in good faith to deal directly first with Ms. Rivers, and left two unanswered calls with the City Attorney's office, one unanswered call to the Mayor, one call to the DEQ, two calls to Hudson Garbage Service, one to a former judge and mediator, and one to a former mayor to resolve this issue without any legal action or cost to anyone. He said the Council agreed during the last meeting they attended in early May that the City would prefer to avoid legal action and costs as well. He said they doubt the City has extra money to spend on these legal fees. However, he said it now appears that this is what the City is prepared to do. Therefore, he said they want to make a statement for the record that they rescind their previous good will gesture and pledge to not sue any of the involved parties. He said it saddens them that their relationship with the City, which was previously cooperative, is ending with hard feelings. He said they are disappointed with the City's disgraceful failure to be forthcoming, and lack of respect for their rights. He said all they heard was respect for this mysterious person's rights. He said it has been a very unpleasant, distasteful and unfair situation. He said they were willing to forgive all concerns in order to find out what was really bothering the person that was making the false claim. He said it should be obvious to anyone and everyone that the person's intent was spiteful and harmful, and not meant to protect the environment, because of the timing and the lack of activity and the remaining siding still attached to their house. He said it is disturbing to see how they managed to get the City to do their dirty work for them, and the City's failure to consult with them before taking any action.

Mr. Cisneros asked the Council to provide the name of the person, and he will still honor his pledge that there will be no further action.

Councilor Hudson, speaking as a City Council Member and not the Council as a whole, responded to Mr. Cisneros' first question about why we are protecting someone who made false and slanderous statements. He said he understands why Mr. Cisneros feels that the statements were false and slanderous, but he said the City had a duty to act because there was a concern for health, environment and safety. He said the City had a duty to act, and to not act would have been wrong.

Mrs. Cisneros said the danger that they reported was not eminent. She said the issue came up two years after the shingles were removed, while they were out of town for three months.

Councilor Hudson said the City would not have known these details.

Mr. Cisneros said the City made no effort to find out.

Mayor Young said the City's duty was not to investigate the matter, but rather to contact the proper authority. She said notifying Mr. Cisneros would have been the first step of an investigation, and the City had no authority to investigate the matter. She said Ms. Rivers took the steps she had available to her, which did not call for her to contact them.

Mr. Cisneros said someone earlier today was complaining about the raccoons and was almost attacked by one, and where is the City's duty to get the Animal Control people to catch these raccoons that are dangerous to citizens. He said they were very frustrated by the City's lack of action. He said in one case we have willing action, and in the other we have no action. He asked what would happen if someone was trying to hit another person with a car.

Mayor Young said that matter would be under the City's jurisdiction.

Councilor Hudson asked Mr. Cisneros if he would report such an act.

Mr. Cisneros said you would report it, and then the City would say you need to prove it. He said the duty extends to the City to substantiate claims that are second hand that are being forwarded to another jurisdiction or agency. He said the City doesn't even know if it is asbestos.

Councilor Hudson said that is his point exactly. He said he is going to support what he feels was good judgment on the part of the City Administrator. He said he thinks the City had a duty to pass on the information. He asked if the circumstances would be any different if the person had anonymously forwarded the complaint to the DEQ.

Mr. Cisneros said the DEQ told him they would not accept an anonymous complaint, and the DEQ told him to press the City for their policy. He said it was poor judgment and a mistake was made, and no one is owning up to it. He asked what kind of message this is sending to the rest of the City. He said he would never ask another person to relocate to this City if this is the kind of treatment they'd receive.

Councilor Hudson said there was no intent on the City's part to cause anyone harm.

Councilor Schmor asked what harm this has caused Mr. Cisneros.

Mr. Cisneros said it's caused him two months of aggravation, lawyer fees, calling every neighbor over and asking if they were the one that reported this. He said he has to suspect everyone, even each of the Council Members, because it is a mystery. He said he does not want to live the rest of his life looking at every neighbor that goes by, wondering if they're the one. He said it's like a sniper. He said in the military, the sniper is considered to be the lowest scum in the world. He said they are cowards. Mr. Cisneros said they would have appreciated it if the Council had dealt with them directly, after they had come in and asked for that. He said instead the Council referred it back to the City Attorney. He said he asked the Council to intervene, and there would be no legal action, so they didn't need any lawyers.

Mayor Young said the Council made a decision and they will stand by it. She said Mr. Cisneros continues to refer to slanderous statements, and the City never took them as such. She said the City heard concerns from a citizen that did not sound like malcontent. She said no one should be making slanderous statements or name calling towards the City staff, and she doesn't appreciate what Mr. Cisneros has said about Ms. Rivers. She said she'll stand by her decisions and her actions in this case, and she does not appreciate some of the things that Mr. Cisneros has said about her because they are wrong. Mayor Young said Mr. Cisneros has caused the aggravation. She asked why he didn't just laugh it off if it wasn't true. She said he could have simply thought that this person doesn't know any better, and get on with other things. She said Mr. Cisneros keeps asking how the concerns could have been true because he was gone. She said the City doesn't know when this may have happened, or what's left on the house.

Mr. Cisneros asked why this person doesn't want to come forward.

Mayor Young said a lot of people fear retribution.

Mr. Cisneros said he gave the City his word that there would be no retribution.

Mayor Young said the City's entered into many verbal and even written agreements that were broken, but in this day and age even written contracts have been broken. She said the City did the best it could.

4.1 Parks Committee: Chair Calnon said a work party will be held in Bundy Memorial Park on Saturday, June 19 from 9:00 a.m. until 1:00 p.m. She said a walk-behind weed eater will be purchased.

4.2 Water Source and Development Committee: No report.

4.3 Streets Committee: No report.

4.4 Sewer Committee: Councilor Schmor questioned the decrease in sewer flows in May from April. Micah Olson said even though there was more rain in May than in April, the sewer flows decreased. He said there were more daylight hours in May, and people tend to spend more time outdoors.

4.5 Library Report: No report.

4.6 Other Reports: Mayor Young suggested we consider raffling a laptop computer during the Celebration. Sally Ann Marson suggested the kitchen wiring be upgraded before the breakfast. Leahnette will check with an electrician.

MOVED (SCHMOR), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO APPROVE THE CONSENT AGENDA.

AGENDA ITEM 6 UNFINISHED BUSINESS:

None.

Leahnette Rivers asked the Council to refer to the copy of Council Bill No. 04-317 that is marked "revised." She said the revised version contains all of the SDC related changes that were recommended earlier. She said with the additional changes for the computer purchase and donations to the senior groups, a few additional changes need to be made. She asked the Council to increase Administration, Materials and Services to $65,888, increase the total Administration Department to $203,759, increase the Police Department, Capital Outlay to $4,600, increase the total Police Department to $122,472, decrease the General Fund, Non-Departmental Contingency to $39,660, decrease the total General Fund Non-Departmental to $69,337, increase Total Appropriations to $2,145,012, and decrease Total Contingency Appropriated to $165,597.

MOVED (HUDSON), SECONDED (GUY) AND CARRIED UNANIMOUSLY TO ADOPT THE REVISED VERSION OF COUNCIL BILL NO. 04-317 WITH THE ADDITIONAL CHANGES.

AGENDA ITEM 8 OTHER BUSINESS:

Juvenile Accountability Incentive Block Grant Program: Leahnette Rivers said she and Chief Reedy would like to waive the City's grant funds so they can be used by the Columbia County juvenile Department.

MOVED (SCHMOR), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY TO AUTHORIZE WAIVING THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS OVER THE TO COLUMBIA COUNTY JUVENILE DEPARTMENT.

Handbook for Oregon City Councilors: Leahnette Rivers said she has a copy of the new Handbook published by the League of Oregon Cities available to anyone that would like to review it.

Meeting Dates: Leahnette Rivers said she has been discussing possible changes to the City's medical benefits with the affected employees. She said the City must select medical plans by June 15, but the employee discussions are still ongoing. She asked the Council to consider calling a Special Council Meeting on June 10, 2004, so a final decision about the medical plans can be made before the deadline. She also asked for permission to be absent from the June 17 meeting due to a high school graduation, and suggested that the meeting may be cancelled if nothing pressing is pending before she leaves for vacation.

It was the consensus of the Council that a Special Council Meeting be held on June 10, 2004 at 7:30 p.m., and the June 17, 2004 Regular Council Meeting be canceled unless something pressing comes up during the next week.

Gary Hudson Memorial: Mayor Young suggested the City come up with something to put in Bundy Memorial Park in honor of Gary Hudson, the original owner of Hudson Garbage Company, who recently passed away. She said he was involved with the City and helped the community for many years until he retired. Councilor Calnon said she'd like a park bench. It was the consensus of the Council that the Parks Committee make a selection.

AGENDA ITEM 7 NEW BUSINESS (continued):

The Council convened in Executive Session.

The Council reconvened in Open Session.

MOVED (SCHMOR), SECONDED (GUY), AND CARRIED UNANIMOUSLY TO AUTHORIZE SIGNATURE TO THE SETTLEMENT AGREEMENT AND RELEASE BETWEEN HAL HEWITT AND THE CITY OF COLUMBIA CITY.

AGENDA ITEM 9 ADJOURNMENT: There being no further business to come before the Council,

the meeting adjourned at 9:06 p.m.

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