The following are the unapproved minutes from the Burns City Council meetings held Nov. 18 and 23. The minutes were edited for clarity and length.

Nov. 18

City Clerk Dawn Crafts swore Jennifer Hoke in to fill Councilor Position No. 2, replacing Liz Appelman.

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Interim City Manager Judy Erwin reported that: • the city is going to get dumpsters for lawn debris and leaves this year. However, Mayor Jerry Woodfin advised that it’s too late in the year;

• materials were ordered for automatic doors. The cost should be around $3,000;

• she would like the council to appoint a committee to administer the $10,000 in grant money that the city received to help merchants who were impacted by COVID-19. The Small Business Administration is trying to help merchants and restaurants create an online presence so that they can stay in business. Erwin said the grant funds can help with this process, but time is of the essence.

Councilors Pam Smerski and Christy Rivera offered to serve on the committee with Erwin.

Erwin noted that people can pick up the application from city hall or Andrea Letham of the Small Business Development Center;

• reflectors were placed on South Egan until a decision can be made regarding the issues in this area. Unfortunately, people have been intentionally driving over them and breaking them. Erwin and the city attorney have been discussing the next steps with the engineer;

• the fire department needs $199,835 to purchase new air packs. So far, the department has been unsuccessful in obtaining a grant due to low call volume. Fire Chief Scott Williamson is writing a letter describing the situation, which Erwin will use to explore other funding options;

• an Elected Essential Workshop will be held online. Erwin asked whether it could be recorded for those who work during this time frame, and The League of Oregon Cities said it would look into record the training if at least three people would be interested;

• the city needs to change bank accounts. With the council’s permission, she would like to change to US Bank. Erwin added that it causes a great deal of problems when small banks buy each other out, and the city is left to deal with bouncing checks and changes to all of its accounts.

After some discussion, Rivera moved to transfer all of the city’s bank accounts to US Bank. Councilor Lynda Fine seconded the motion, and it carried unanimously;

• due to low staffing levels from COVID-19 quarantine and hunting season, the city’s part-time employee will need to work on Fridays. The employee opted out of health insurance, and Erwin said she believes that savings will more than offset his hourly wage for 8 hours. She added that she would like for him to become a full-time employee because he has worked every Friday since he was hired.

There was a consensus of the council to allow the part-time employee to work full time for the next two weeks;

• the cemetery dump truck reached the end of its life. It was in the shop for two days, but they were unable to repair the mechanism that lifts and lowers the bed. A used dump truck will cost about $20,000, but there is no money in the cemetery budget to replace the truck.

Additionally, the cemetery committee has been discussing installing sprinklers and planting grass and trees in the cemetery. The area is about 5 acres. Once that project is complete, the cost of maintenance and water will increase, but there is no money in the cemetery’s budget to cover this increased costs. Erwin will discuss the matter with the cemetery committee and determine whether they have any solutions.

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Williamson reported that:

• the fire department received 108 calls this year, and 44 of them were from outside the city limits;

• during the previous two weeks, the Department of Public Safety Standards and Training (DPSST) provided live fire and flammable liquids trainings;

• he received a $2,500 wellness grant, which will be used to purchase exercise equipment for the fire hall;

• the fire department did not receive the Federal Emergency Management Agency grant for personal protective equipment because the fire calls are too low. He had the air packs tested, and they can still be used. However, the face masks need to be replaced;

• he was awarded a $22,966 State Homelands Grant for equipment, a portable trailer tent and five extended hazardous suits, which are lighter weight.

Williamson requested the council’s permission to expend the grant. Rivera moved to allow Williamson to expend the grant in the amount of $22,966. Fine seconded the motion, and it carried unanimously;

• the department received $16,000 for the use of the city’s fire truck on the wildland fires in Selma.

Williamson thanked the council for the four new tablets and said the department has been using them for training.

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Public Works Director Michael Berry provided the council with a written report and thanked the city crew for putting the reflectors out on South Egan, for sweeping streets, and for everything else that they continue to do. He stated that the department is down to three employees due to COVID-19 and hunting season.

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Police Chief Newt SkunkCap reported that:

• the department has been busy as usual;

• things are still coming up missing around town, so make sure to document your personal property;

• the department’s patrol vehicles, body cameras, and radios are getting old and hard to maintain.  He is working on two different grants to help replace some of this equipment.

• Smerski asked SkunkCap how he felt about people having more than six people at their holiday gatherings. SkunkCap replied that the Oregon State Police is handling that, and the city has not received any direction from them. He wished everyone a happy Thanksgiving.

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Councilor Brad Herrera asked for a status update on the Burns Town Apartments violations.

Erwin said a hearing was held, and Mr. Zitek was found guilty. He is now appealing it to the Harney County Circuit Court.

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During the public comment period:

• a resident said that his sister has been paying his water bill, and he asked city staff to stop taking her money. He said he does not want anyone to pay his bill because they “use it against him;”

• Jeff Sykes (who lives on South Imperial) said his street was just paved, and the curb is 2 inches higher than the pavement, creating puddles everywhere.

He said this is the most unprofessional paving job he has ever seen, and he asked whether the city is going to pay them to come back and fix it.

Sykes also asked about the bike path on South Egan and said the incompetence is way beyond anything that he has ever seen;

• John Leach said his wife will be cooking Thanksgiving dinner for all the residents, and they will be sure to practice social distancing;

• Susan Ohlund asked about her request to vacate North Hemlock. Erwin said the council asked Ohlund to bring back additional information.

After some discussion, there was a consensus of the council to allow Ohlund to move forward with the procedures to vacate a street.

• Patty Hodge requested 14 inches of city sidewalk to place tables and chairs in front of The Central Pastime. She stated that this will leave plenty of room for the state-required pedestrian access and the Americans with Disabilities Act access. She added that she would be liable for anything that happens on the sidewalk. She will have five tables, but only when she has extra help.

There was some discussion.

Hodge said she will have cameras, and there will always be an employee present when people sit out there. She stated that she must have permission from the city before she can obtain her Oregon Liquor Control Commission permit.

There was a consensus of the council to allow Hodge to place five tables with chairs against The Central Pastime on 14 inches of the city sidewalk during the months when the weather is nice.

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In other business, the council:

• agreed to donate $150 to the Harney County Senior Center for the meal entre sponsorship;

• learned from Erwin that the city was not awarded the Oregon Department of Transportation 2021 Small City Allotment Program grant. She explained that most of the grant funds went to communities that were impacted by wildfires;

• read Resolution 20-694 by title only and approved it. The resolution accepts certain identified unanticipated revenues from the state of Oregon Fire Chiefs Association and authorizes the expenditure of a specific sum from the general fund for exercise equipment for the fire department;

• Learned from Woodfin that someone will need to be appointed to take over the committees that Councilor Appelman served on.

• Discussed the vacant council seat. Erwin stated that her council position is being held until a city manager is hired. Rivera moved to appoint Kim Rollins to Council Position No. 4, and Herrera seconded the motion.

Crafts stated that this position has not been advertised. However, Woodfin stated that he doesn’t believe it has to be advertised, and he called for a vote.

Rivera, Herrera, and Woodfin voted aye. Councilors Hoke, Smerski, and Fine voted nay. The motion failed;

• Discussed interviews for the city manager position. Smerski said she would like to bring the new councilors in on the interviews, since they will be working with the new city manager. Hoke and Fine agreed to participate. Woodfin said he doesn’t have a problem with it as long as there aren’t any legal issues. He will contact the city attorney;

• Held a workshop to review interview questions;

• Discussed the flashing school zone signs by the high school.

Erwin said she spoke to ODOT, and they confirmed that one light is in Burns and the other is in Hines. She asked the school district if they would like to take over the lights.

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Nov. 23

The Burns City Council met in a special session on Nov. 23.

Erwin asked that an additional request for Coronavirus Relief Funds (CFR) be added to the agenda as well as a discussion regarding her return to the council.

Rivera motioned to approve the agenda with the added items, Fine seconded the motion, and it carried unanimously.

•••

Woodfin announced that the hiring committee decided on a candidate for the city manager position. The group determined that Daniel Brown best fit the city’s requirements.

Herrera made a motion that the city hire Brown for the city manager position, effective Jan. 4, 2021. Rivera seconded the motion, and it carried unanimously.

The council welcomed Brown and began discussing the contract that the city attorney prepared.

Erwin discussed the changes that Brown requested, and there were no objections to any of them.

Brown requested that, as an alternative to living within the city limits, he be permitted to reside within a 10-mile distance from the city due to the challenging real estate market within the city.  Brown noted that he wants to reside within the city, and he will make every effort to do so, if at all possible.

The next change was to the date for submission of receipts for reimbursement of moving expenses. Brown requested that the date be changed from March 31, 2021 to June 30, 2021, so that his wife can finish out her teaching contract in Arizona.

The third request was that Brown receive three weeks of vacation pay after his first year of employment.

The fourth request was for the city to pay professional dues and subscriptions associated with, and necessary for, the city manager’s position.

The fifth request was for reimbursement of travel and subsistence necessary to the official functions of the city.

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Next on the agenda was an increase in the funds submitted for reimbursement under the CRF program.

Erwin told the council that she received a bid for the automatic opening front doors, and it came in at $13,237.79, which was still much less than the previous bid. She also informed the council that she submitted for reimbursement in the amount of $2,449.04 for wages and benefits for an employee who was placed on quarantine and the remaining $3,498.57 to bring the city up to the total amount of funds that it’s eligible to receive. She said she hoped the council would approve those remaining funds for small-business-interruption grants.

Rivera made a motion to approve the requests in the amounts indicated, Herrera seconded the motion, and it carried unanimously.

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Erwin asked that, when Brown takes over as city manager in January, she be appointed to the council seat that she was elected to. She said she checked with the city attorney, and he said that was perfectly permissible.

Woodfin stated that, during its previous meeting, the council decided to ask for letters of interest to fill Erwin’s former position, and he believed she should submit a letter of interest.

Smerski said she had a problem with that process. She added that it was in the minutes and understood by the council that, if Erwin resigned from her council position to assist the city, she would regain the council position when a new city manager was hired. Smerski added that Erwin was elected to that position, not just appointed, and she felt that the council should abide by that understanding.

Woodfin said it was his understanding that, during the previous meeting, the council decided that everyone should submit letters of interest for the position.

Hoke said, if the minutes show that the council promised that Erwin would regain her position, they should honor that commitment. Hoke added that Herrera told her that was the understanding, so she is confused about why a motion was made to fill the position.

Woodfin said he would like the matter to be tabled until the next meeting so that the minutes can be reviewed.

Fine said she felt that the council should honor the agreement with Erwin if it’s in the minutes, but she honestly could not remember what was decided.

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Kim Rollins thanked the council for working so hard to get a city manager, and he welcomed Brown.

He also  stated that he was almost elected to the council during the previous meeting, but he missed it in a tie vote. He added that he didn’t know that letters of interest were to be submitted. He also said that he spoke to Appleman, who used to be on the council, and she said Erwin was never promised the position. He also stated that, if that promise was made, it was a bribe. He added that, if Erwin accepted that bribe, it was unethical and so sad for this community.

Jenn Keady said she is super excited to join the council and she believes the council knows that she loves this community. She stated that Erwin had been doing a phenomenal job of moving things forward and that, for the first time in a long time, the city employees actually enjoyed who they worked for.

“I feel it’s in the best interest of our community and the council that the person elected to the position be put back into the council seat,” she said.

Erwin asked to speak.

She stated, “When I took the interim position, I asked the council twice to fill the position because I didn’t want you to operate shorthanded.  Both times, the council told me ‘no’ because they wanted me back in the position. I wasn’t trying to bribe the city. I was trying to do what was right for the city.  I take exception to Mr. Rollins’ comments.  I’ve always had the city’s best interests at heart.”

Rivera made a motion to adjourn the meeting. Fine seconded the motion, and it carried unanimously.