From The Clatskanie Chief

Rainier Council Hears of Resignation, Okays WTP, Highway 30 Project Contracts

by Ruth E. Howard

The Clatskanie Chief

March 6, 2008

Announcement of a councilor's resignation, recruitment of a new water treatment plant operator, approval of a contract amendment for the Highway 30 improvement project, adoption of a budget committee ordinance, discussion of needed repairs at the marina boat launch and other business occupied the Rainier City Council at a busy, yet brief meeting on Monday, March 3.

Near the close of the regular session, which was preceded by an hour-long work session, councilor David Langford, announced his resignation from the council, effective immediately, saying his employment was taking him "out of the state."

Langford was re-elected to position 1 in the November 2006 election, after first being appointed to the post, following the resignation of Ralph Painter.

"We'll miss you certainly...good luck," said councilor David Qualman, who chaired Monday's meeting in the absence of Mayor Jerry Cole, vice chair Mike Avent, and councilor Rob Piercy - third in line for chairing council meetings.

Because Langford's announcement came at the end of the meeting, there was no council discussion as to the recruitment of his replacement.

Contract Approved with New WTP Operator

With Veolia Water North America (VWNA) discontinuing its services at the water treatment plant this week and the city still in the midst of recruiting a new public works director, the council approved a contract with the Oregon Association of Water Utilities (OAWU) to provide an interim operator for the plant.

The contract was unanimously approved by the five councilors present, subject to the clarification of language in regards to insurance coverage.

"A good bang for the buck," was how City Administrator Lars Gare described the services OAWU will provide the city, to include an "extremely experienced operator" in OAWU's Darrel Lockard, who has 19 years of related experience, Lockard's agreement to train two of Rainier's public works employees in basic operations of the plant, and his anticipated recommendations for making "long-term improvements," to streamline and simplify plant operations, which are expected to be less expensive than earlier VWNA suggestions.

"The benefit to the city is significant," said Gare, who said OAWU would charge the city $18,000 per month, compared to the approximately $31,000 VWNA billed per month for its services.

The city and VWNA entered into an emergency operations contract in early December, when issues related to that month's storms compounded plant personnel and maintenance problems.

In January, VWNA notified the city it would terminate its services, effective March 3.

Gare told the council Monday that VWNA had agreed to continue operating the plant through Friday, March 7, and OAWU would begin operations on Saturday, March 8.

In regards to the purchase and installation of a computer for the plant, which was recommended by VWNA, Gare said the city was buying a new computer and license and would be paying Portland Engineering, Inc. to integrate the computer into the plant's system.

The new computer will become the plant's primary computer and the current computer could be used as a back-up. Gare also recommended the purchase of an external hard drive to back-up data.

Gare later told the council that there was a "computer glitch" at the plant over the weekend.

"The sooner we get the computer, the better I'll feel in regards to the plant operation," he said.

Council OKs Highway 30 Contract Amendment

With the intent to get the Highway 30/B Street streetscape improvement project back on track, the council approved amendment 10 to a contract between the Oregon Department of Transportation (ODOT) and W&H Pacific, Inc., engineers for the approximately $1 million project to make bicycle and pedestrian improvements to three blocks of Highway 30, between 2nd East and 3rd West streets.

The contract approved Monday authorizes payment of $61,679.60 to W&H Pacific for additional engineering work, performed above budget, to make changes to the project because "freight mobility" requirements called for wider traffic lanes not in the original plan.

There had been previous council discussion as to who had authorized the extra work and it was determined that former city administrator Chad Olsen had okayed the additional engineering by W&H in order to comply with the "freight mobility" requirements.

Around 2001, the city received an original $470,000 Transportation Enhancement Grant for the enhancement project, later increased to $739,000, which was authorized through ODOT and the Federal Highway Administration.

With the city required to provide an approximately 10 percent match, the Rainier Economic Development Council (REDCO) committed matching funds of $53,794 and later increased that amount to $84,625.

The project also encompasses $50,000 from ODOT's Pedestrian and Bicycle Safety Program for a pedestrian crossing of Fox Creek by Highway 30.

Councilor John Holmes said $11,000 of the approximately $61,000 had been paid and "$49,000 is our new current amount" for the additional engineering work.

The council approved the contract amendment, subject to review by city attorney Steve Petersen, in consultation with Gare.

"There is an amazing amount of things we have to do to get this back on track," Holmes told the council during the work session, saying the contract amendment was the first step in the process.

Subsequent steps include considering redesign costs for future work, acquisition of property for the wider lanes and bidding for construction.

Budget Committee Ordinance Passed

After reviewing a budget committee ordinance during the work session, the council unanimously approved the ordinance in its regular meeting.

Although submitted by Gare for a first reading by the council, the council agreed the public had sufficient notice of the ordinance and voted on it, rather than waiting until its March 17th meeting.

Gare told the council during its work session that the city did not have a budget committee ordinance and the proposed ordinance was written according to state statute.

The ordinance states that the budget committee consists of the mayor, the council and an equal number of eight appointed city residents, who are electors of the city, and who serve for three-year terms.

Gare pointed out that the ordinance provides for three non-resident advisors to the committee, in case the committee wanted to consult someone living outside the city limits.

The ordinance also details election of a committee chairperson, the committee's meetings, its powers and duties and the removal of members.

Gare was directed to contact the current budget committee members to see if they are still interested in serving. Current members include Ruth Brockhaus, Susan Force, Bill Wagner, Bob Jacobsen, Margaret Ross, Michael Carter, William Grant and Jan Kenna.

Council Hears of Further Problems at Boat Launch

In continuing discussion of needed repairs of the city's boat launch and dock, located off East A Street, Gare reported that a 27-foot concrete panel fell last week from the launch into the Columbia River and that other panels had "broken welds" and were in danger of falling in the water.

Previously directed by the council to contact the Oregon State Marine Board, which partnered with the city on the project, Gare said in recent conversations with the marine board, it had declined to "participate actively in the investigation."

Gare said he had an on-site March 6th meeting scheduled with Bergerson Construction of Astoria and he is continuing to investigate the cause of the problem.

"Whether the design was bad or the installation wasn't good, there's some factor that's causing it," said Gare.

"The ramp is still usable," he said, adding that there is no reason to close the launch since engineers determined there was no danger of the panels falling on the dock. He did recommend marking or roping off the corner with the missing and loose panels.

Langford advised that the launch's "leaning" pilings could also pose a danger.

Other Business

Gare reported that the wastewater treatment plant project was "moving right along," with several meetings scheduled this week.

Langford suggested that a valve be included in the plant's outfall, to allow the city access to the water for watering the parks or for other uses.

In regards to the city's application for Federal Emergency Management Agency assistance, Gare said he anticipated the data gathering would be completed soon.

"I don't know exactly what we'll get, but it will be a significant amount," he said.

Gare reported that the recruitment of a public works director was not going well, saying there was a "dichotomy," in that it was difficult to find a candidate with both public works supervisory experience and the necessary water treatment plant certifications. He said an advertisement for the position was still on some web sites and he would be making additional contacts to "prospects from other sources."

Regarding the recruitment of a finance director/city recorder, Gare said there were interested qualified individuals and he anticipated conducting interviews in the near future, with the possibility of making an offer to someone by March 15.

During the council reports portion of the meeting, Councilor Russ Moon briefed the council on a recent meeting regarding the railroad and A Street that included representatives from the ODOT Rail Division, Portland & Western Railroad and W&H Pacific.

Moon said for the city to have gates and lights added to three railroad crossings in Rainier, such as the one at Veterans Way and A Street, the city would need to agree to close four of the seven local crossings.

He stated that Portland & Western wants the tracks "dead-opened" for maintenance, wants to increase train speeds to 25 miles per hour and wants a delineation of the rail corridor, showing which crossings would be opened and closed and traffic flow on A Street. The needs of Foss Marine, which uses large trucks to transport tug boat parts, and needs a truck turnaround on A Street, were also discussed, said Moon.

He said a future meeting would be held for A Street property owners to determine what the city wants in regards to the rail crossings.

In other business, the council approved a request by the Rainier Eagles to use Rainier Riverfront Park on the morning of Saturday, March 22, for the group's annual Easter egg hunt.

An executive session planned to discuss an employee was canceled with the council's consensus that the matter be addressed by Gare.

Despite Report Last Week...

Rainier Turns Down IGA on Enterprise Zone Funds

by Ruth E. Howard

The Clatskanie Chief

March 6, 2008

"I'm stunned," Columbia County Commissioner Tony Hyde told the Chief Friday, referring to the Rainier City Council's decision at a special meeting Wednesday, Feb. 27, to not participate in an intergovernmental agreement (IGA) for the dispersal of approximately $1.8 million to four co-sponsors of the Lower Columbia Maritime Enterprise Zone.

"I was stunned when the mayor called me," said Hyde, referring to the phone call he received from Rainier Mayor Jerry Cole following Wednesday's meeting.

A story in last week's Chief incorrectly stated that the Rainier council had agreed to approve the IGA. The article was written based on a consensus of the majority of the council at a Feb. 25th planning session to hold a special meeting on Wednesday, Feb. 27, to formally approve the IGA.

The Chief, however, was printed Wednesday morning prior to that evening's special meeting, when the majority of the council chose instead to vote against the IGA.

According to the IGA, proposed by Commissioner Hyde, a $1,889,009.33 reimbursement from the Georgia-Pacific Wauna Mill would have been split among the four zone co-sponsors, with Clatsop County receiving half, and Columbia County, city of Rainier and city of Clatskanie receiving the other half, with the exception of an initial $50,000, to be used as local matching funds for a grant to conduct a rail corridor study.

Hyde had proposed using Columbia County's half for rail improvements within the enterprise zone area (Rainier, Port Westward, Clatskanie and the rural areas in between).

The approximately $1.8 million payment, in-lieu of taxes, was paid to Columbia County, the zone manager, by Georgia-Pacific last September to avoid losing temporary tax-exemption status, since the mill's No. 6 paper machine did not meet new employment goals in 2006-07 as required by the enterprise zone.

Wauna is currently receiving a five-year property tax exemption for its paper machine No. 6, with the exemption beginning in 2004-05 and ending in 2009-10.

At a Feb. 18th regular meeting, the Rainier council chose not to participate in the IGA because councilors said they did not appreciate not being involved earlier in the distribution discussion and because the IGA did not grant the city of Rainier enough assurance as to a say in the expenditure of the funds.

Hyde had indicated on Feb. 25 that he was willing to include a side agreement among the three Columbia County sponsors, stipulating that there would be no expenditure of Columbia County's half, unless it was agreed upon by the cities of Rainier and Clatskanie and Columbia County. He said that such an agreement could have an expiration date of 12 or 24 months.

(The Clatskanie city council approved the IGA and a similar sub-agreement at its meeting Monday, Feb. 25.)

Hyde made a special presentation on the proposed IGA at the Rainier council's planning session on Monday, Feb. 25, at which four of the five councilors present were in favor of setting a special meeting Feb. 27 with the only purpose of the meeting the proposed approval of the IGA.

Councilors present on Monday were Sloan Nelson, John Holmes, Mike Avent and David Qualman, who were in favor of Wednesday's meeting, and Rob Piercy, who did not support the special meeting.

Hyde told the Chief Friday that he came away from Monday's meeting "absolutely sure" the council would formalize its Monday discussion at the Wednesday meeting.

Councilors Russ Moon and David Langford were not present at Monday's planning session, but did vote Wednesday against the IGA. (Langford was not present at Wednesday's meeting, but participated via conference call.)

Avent was absent Wednesday because of a meeting of the Port of St. Helens commission on which he also serves.

Council Weighs Decision Wednesday

At the approximately hour-long meeting Wednesday, Qualman made a motion, which was seconded by Holmes, to enter into the IGA with Columbia County, Clatsop County and the city of Clatskanie.

Before the vote was taken on the motion, some discussion ensued.

Moon said that Columbia and Clatsop counties entered into the IGA in October and did not inform Rainier of the agreement until mid-February, thus Rainier had too short notice to "make a good decision."

Columbia County received the payment in September and according to state statute, co-sponsors of an enterprise zone may distribute payments through any mutually agreed upon method or formula. If an agreement is not reached within six months of the receipt of the monies, the funds are split equally among the sponsors. The six months expired Thursday, Feb. 28.

On Wednesday, Moon also stated he did not appreciate Hyde's "strong arm tactics."

Hyde told the council Feb. 25th, that if the Columbia County and the cities of Rainier and Clatskanie each took one-fourth of the payment, nearly $500,000, "there will be serious repercussions in the eye of the state and feds...Any time we apply for any kind of money; they're going to remember this."

Hyde contended that receiving half of Clatsop County's tax revenues "is a pretty good deal."

He noted that Columbia and Clatsop counties are members of the Northwest Oregon Economic Alliance and the Columbia-Pacific Economic Development District.

"I don't think this is the way you treat partners," Hyde told the council Feb. 25, referring to not entering into the IGA and not splitting the funds with Clatsop.

During Wednesday's discussion, Piercy said the city of Rainier had "too many pressing needs" to enter into the IGA, and questioned why someone else should dictate Rainier's expenditure of the funds.

He said dedicating funds to the railroad, which runs through downtown Rainier, would be of no economic benefit to the city. He also contended that Rainier was presented the IGA after Hyde knew about the funds for six months, but did not inform Rainier until near the end of the six-month deadline.

Cole pointed out that Hyde said the December storms were the reason he did not contact the cities of Rainier and Clatskanie earlier about the IGA.

Hyde apologized several times to both the Rainier and Clatskanie councils at their respective Feb. 25th meetings, saying there were several reasons for the delay, including the winter storms.

Cole also noted Wednesday that if Rainier did not sign the IGA, it could choose at some point in the future, to "write a check" back to the county, for the county to use the funds as Hyde had proposed.

Holmes concurred with Cole about giving money back, if the council so chose at a later date.

Nelson noted that the rail "is a huge issue" and he hoped the rail and A Street issue would be addressed in the future.

Piercy pointed out that Portland and Western Railroad was waiting for federal and state financing to fund the needed track repairs and said if Rainier wanted to see rail improvements, it would need to agree to close rail crossings.

"The more we comply, the more dollars may be available," said Piercy.

Moon said city attorney Steve Petersen had recommended the council not approve the IGA and advised that if there was a similar disbursement in the future, the four zone sponsors should meet in advance and renegotiate an agreement for the division of funds.

After the discussion, the vote on the motion was taken, with councilors Langford, Holmes, Piercy, Moon and Nelson voting "nay" against the IGA and David Qualman voting "aye," in favor of it.

Councilor Avent Responds to 5-1 Vote

"I figured the votes were there," councilor Avent commented to the Chief Friday. Avent said he could not write in his vote and forgot his phone to call in his decision, but figured the council vote would at worst be a tie, with a deciding "yes" vote to be cast by Mayor Cole. (The mayor only votes in case of a tie.)

"I was surprised when I got back when it was lost 5-1...I would have voted for the IGA. The mayor told them that, but it wasn't enough to sway it," Avent said.

"Had we been able to vote when Tony was there, the votes were there," said Avent, referring to the meeting on Monday, Feb. 25, and expressing his opinion that the council's consensus changed between Monday's and Wednesday's meetings.

"My take was that you wouldn't have the emergency meeting unless there was a majority who were going to support it...The intent that night (Monday) was to vote in favor of it."

"When these enterprise zones were created, they weren't designed to create money for the cities, they were created to stimulate economic development and they've done that," said Avent.

"I've worked with Tony and I know he has the interests of the people at heart...Hopefully it will work out and people will be able to look past Rainier's short-sightedness."

Mayor Cole told the Chief Friday that he believed the council turned down the IGA on Wednesday because it felt it was "being presented at the last moment" and that it did not have a sub-agreement to review, as had been discussed at the council's Feb. 25th planning session.

After his presentation to the Rainier council on Monday, Feb. 25, Hyde attended a special meeting of the Clatskanie city council, at which he expressed his belief that the majority of the Rainier council was in favor of the IGA.

Later in its meeting, the Clatskanie council unanimously approved the IGA with the sub-agreement that the cities of Clatskanie and Rainier and Columbia County would agree on how the $919,504.65 is spent, and if an agreement is not reached within 24 months, the three parties would split the monies equally.

Cole said he tried to contact Clatskanie city officials Wednesday afternoon to obtain verbiage on a sub-agreement, but without success.

"A Hard Decision"

"If anything it was a learning lesson," said Cole. "Just because you're in favor of a special meeting, doesn't necessarily mean you're in favor of the motion."

"I think we all made that mistake," said Cole, referring to the assumption made by himself, Hyde and the Chief reporter that because the majority of councilors were in favor of a special meeting, they were also in favor of adopting the IGA.

Although, Cole said, "I still wasn't sure the IGA would pass if it came to a vote...you don't know until there's a vote."

"I think it was a hard decision," councilor Nelson commented to the Chief on Friday, adding that there was a "little uneasiness that it was the last hour" and "we didn't feel we really had time to digest the issue." He also noted that the council did not have information on a sub-agreement before it made its decision Wednesday.

Councilor Holmes, who said he had planned to vote for the IGA prior to Wednesday's meeting, said he changed his vote after there "seemed to be more information on the table when we met Wednesday."

"My mind was changed and a couple of other councilors' minds were changed."

He said that by not voting for the IGA, Holmes believed "it would be in the best interest of Rainier" and that with the money, the council could "move forward on some projects that are incredibly important to the citizens of Rainier." He said he believed the council's decision would not "jeopardize" the relationships with the other zone partners.

Like the other councilors, Holmes indicated he would have liked to have had more time to consider the IGA and have more assurance of the commitments Hyde had made.

Holmes said he believed the council voted "in the best interest of Rainier - that's who we answer to."

"Voting the way we did on Wednesday, I knew we were doing something positive for Rainier."

Clatskanie, Rainier Councils Agree to Approve Enterprise Zone IGA for $1.8 Million Reimbursement

The Clatskanie Chief

February 28, 2008

by Ruth E. Howard and Amanda G. Moravec

After presentations by Columbia County Commissioner Tony Hyde at special sessions Monday evening, Feb. 25, both the Clatskanie and Rainier city councils agreed to approve the proposed intergovernmental agreement (IGA) regarding the dispersal of a reimbursement to the Lower Columbia Maritime Enterprise Zone.

Both the Rainier and Clatskanie city councils had refused to approve the IGA at meetings last week, prior to discussing their concerns with Hyde.

The IGA provides for the division of a $1,889,009.33 reimbursement, plus interest, from the Georgia-Pacific Wauna Mill.

Georgia-Pacific was required to pay the reimbursement because it had not met the employment increases on its No.6 paper machine required to qualify for property tax exemptions under the enterprise zone.

The enterprise zone is sponsored by Columbia County, Clatsop County and the cities of Clatskanie and Rainier.

Under the IGA, proposed by Hyde, the $1,889,009.33 would be split, with Clatsop County receiving half and Columbia County, city of Rainier and city of Clatskanie receiving the other half, with the exception of $50,000 taken off the top for a rail corridor study. Hyde had proposed using Columbia County's half for rail improvements, among other economic development projects.

On Monday, Hyde reviewed the history of how the Wauna Mill was added to the Lower Columbia Maritime Enterprise Zone. The enterprise zone originally included only 'the industrial sites in the Clatskanie and Rainier areas. At one time Clatsop County had its own enterprise zone, but did not renew it. Subsequently, when the Wauna Mill was competing with other Georgia-Pacific sites for paper machine No.6, it was requested that the Lower Columbia Maritime Enterprise Zone be extended to include the Wauna Mill.

In Hyde's presentations to the Clatskanie and Rainier city councils he noted that if Clatsop County had its own enterprise zone, Columbia County and the cities of Clatskanie and Rainier would not be receiving any part of the reimbursement. In asking the councils to reconsider the IGA, Hyde encouraged them to look at the larger picture in regards to economic development and regional partnerships.

Both the Clatskanie and Rainier councils, at their respective meetings last week, said they did not appreciate that the IGA was being presented at the "last-minute" and there was no assurance in the agreement that the cities would have a say in the expenditure of the funds.

On Monday, Hyde apologized several times to both councils for not presenting the IGA earlier, but said there were several reasons for the delay, including the December storms.

According to state statute, zone sponsors have six months to agree on a distribution formula. The six-month deadline is Feb. 28.

At Monday's Clatskanie council meeting, councilor Steve Constans moved to approve the IGA with the sub-agreement that the cities of Clatskanie and Rainier and Columbia County would agree on how the $919,504.65 is spent, and if an agreement is not reached within 24 months, the three parties would then split the monies equally. Councilor Kathy Engel seconded the motion and it passed unanimously.

Because the Rainier council was in a special planning session on Monday and not a regular meeting, it could not officially act on the IGA. A special council meeting to approve the IGA and the sub-agreement was set Wednesday, Feb. 27, at 6 p.m. at Rainier City Hall.

Rainier City Council Says No to Enterprise Zone IGA

The Clatskanie Chief

February 21, 2008

by Ruth E. Howard

Consideration of an intergovernmental agreement (IGA) regarding division of enterprise zone funds, discussion of water treatment plant operations, and various other business items and reports occupied the Rainier City Council at its meeting Tuesday, Feb. 19.

Based on a recommendation from city attorney Steve Petersen, the council did not approve an IGA with Columbia County in regards to the division of $1,889,009.33 received by the county last September from Georgia-Pacific Wauna Mill.

Because the mill is located in the Lower Columbia Maritime Enterprise Zone it receives tax exemptions, but did not meet employment goals required by the zone. To avoid an exemption disqualification, the mill made the payment, in-lieu of taxes, to Columbia County, the zone manager.

The IGA, proposed by the county, addressed the division of the funds among the zone's sponsors - Columbia and Clatsop counties and the cities of Rainier and Clatskanie.

The IGA would have had Columbia County retaining the first $50,000 as a match to the Lower Columbia Rail Corridor Study, with the rest being split between the two counties, each receiving approximately $919,500.

Columbia County then proposed working with the cities of Clatskanie and Rainier to use the county's portion for "economic development projects that benefit the three zone sponsors in Columbia County."

Janet Wright, assistant to the Columbia County Commissioners and enterprise zone administrator, told the council that Columbia County had met with Clatsop County regarding the division of monies and stated Columbia County believes its portion should be used primarily for improvements to the rail corridor and then for other projects to mutually benefit the economic growth of the sponsors.

In a memo to Rainier City Administrator Lars Gare, Petersen noted that according to Oregon Administrative Rules, the co-sponsors of the zone may distribute the payments among themselves "through any mutually agreed method or formula," also noting that unless a distribution formula is agreed upon within six months of the receipt of the money, the payment will be distributed equally to each sponsor.

Petersen said the six-month deadline is next week.

"The cities of Rainier and Clatskanie should have been participants with the counties in the meetings," he commented.

In his memo, Petersen noted that the IGA gives Rainier "no guarantee" that the monies would be used for economic development in the city.

Petersen said he spoke with Columbia County Commissioner Tony Hyde prior to the meeting and Hyde agreed to meet with the cities in the next few days "to come up with an understanding," saying he was willing to modify the agreement.

Councilor Russ Moon suggested Hyde should have further conversations with Gars and Petersen.

Saying he did not object to using an initial $50,000 for the rail study, Mayor Jerry Cole suggested the remainder of the funds be split equally among the four sponsors, to individually determine expenditure.

Stating it would have liked to have been involved earlier in the distribution discussions and have more assurance of a say in the use of the funds, the council did not act on approval of the IGA.

Unless another agreement is reached by next week's deadline, state law provides that the payment would be divided equally among the zone's four sponsors.

The city of Clatskanie was scheduled to consider the proposed IGA at its meeting Wednesday, Feb. 20.

Wright also gave an update to the council on the rail corridor study, stating that the county received one bid, from HDR Engineering, and a meeting with the firm is set in March to discuss the project scope, with work to also begin in March.

She noted that the Oregon Department of Transportation's (ODOT) highway division is requiring a "traffic modeling" aspect, which will increase the project's cost.

The study is being funded by a $50,000 Economic Development Administration (EDA) grant, said Wright, and would have also been supported by the $50,000 proposed in the IGA. Other funding sources are also being sought, she said.

Veolia Terminating Services; Interim Water Plant Operator to be Hired

In a letter to Gare, dated Jan. 18, Sean Haghighi of Veolia Water North America (VWNA) informed the city that VWNA would be terminating its professional services agreement for operational support for the Rainier water treatment plant, effective March 3.

Haghighi stated VWNA was no longer able to pull staff from other projects to provide day-to-day operation on a temporary basis. He said that, as previously indicated, VWNA would be willing to enter a long-term (five years or longer) public-private partnership with the city for operations of the plant.

Since Dec. 7, VWNA has been providing operation services at the plant under an emergency operations contract.

Following the regular meeting, the council met in executive session to discuss the water treatment plant. Gare later told the Chief that the city will be looking for an interim contract operator until a new public works director, who will then become plant operator, is hired.

During the regular meeting, Gare told the council that about nine applications had been received for the advertised public works director position and interviews could begin as early as next week.

Screening of approximately eight applicants, and subsequent interviews, will also be conducted for the finance director/city recorder post.

In other business, the council approved an agreement with ODOT for $25,000 from the Special City Allotment Program for a two-inch overlay of A Street, between East 2nd and West 2nd streets. Project costs exceeding $25,000 are paid by the city.

Contract OKed for Sale of Books; Reports Heard

On a recommendation from the Rainier Library Board, the council approved a contract with Once Sold Tales for the sale of stored library books on the Internet. Thirty-five percent of the net sale proceeds return to the library.

The council also accepted a $2000 anonymous donation to the library, with the donor's only stipulation being that the library buy one "very good book on the Columbia River."

"It is very much appreciated," Cole said in expressing appreciation to the donor.

Moon recommended the library buy two to three books on the Columbia River.

In a wastewater treatment plant construction project update, Gare told the council there was "a lot of activity" on the site and said he was pleased with the project manager (Robert Vivian), who is "looking out for the city's interests."

With the project underway for about a month, Gare said it appears to be on schedule.

An agreement with the Clatskanie People's Utility District for a utility easement related to the plant project had been on the council's agenda, but was removed, because it needed revision, said Gare.

Gare reported he would be meeting Feb. 28 with Tom Weatherford of ODOT to discuss the Highway 30/B Street bike and pedestrian improvement project.

The city almost has a "complete package" for applying for FEMA (Federal Emergency Management Agency) funds for storm damage, said Gare, noting the process has gone well so far.

Gare reported on road work to repair a water leak on Fern Hill Road on Thursday, Feb. 21, which could restrict traffic to one lane.

Rainier Police Chief Ralph Painter told the council of the recent death of Bill Hodges, who had served with the city planning commission for a number of years and was active in the community.

Painter also updated the council on an individual who had threatened to rob a local credit union Tuesday morning, but was later found to have made the comments in jest. Painter expressed appreciation for the response from Oregon State Police and other agencies.

In response to a question from Councilor Rob Piercy regarding stop signs placed on C Street last fall to address speeding problems, Painter said he noted "a lot of difference in speeds." The signs only had to be replaced once, after being uprooted, but were now anchored by cement, said Painter.

During the visitors comments portion of the meeting, the council heard from resident Henry Keith about needed maintenance to the city boat ramp, including repair of a concrete barricade and a ramp.

In his mayor's address, Mayor Cole expressed appreciation to those who called and expressed concern after he was injured in a Dec. 5th fire training drill. Cole is a firefighter with Columbia River Fire & Rescue.

After a Heated, Lengthy Discussion...

Rainier Council Denies Renewal of Kennel Business License

by Ruth E. Howard

The Clatskanie Chief

February 7, 2007

by Ruth E. Howard

Discussion and subsequent denial of a business license for a local dog kennel, as well as a variety of reports and business items highlighted the agenda of the Rainier City Council at its meeting Monday, Feb. 4.

After hearing testimony from Columbia County Animal Control Officer Roger Kadell and engaging in a sometimes heated discussion about a dog kennel being operated by Jim Young, the council denied Young's request to extend his home occupation and animal facility business license, granted in early October. The license expired at the end of December.

Young raises and sells American Kennel Club (AKC)-registered puppies from his home via the Internet, under the business name "Walabs."

In October the council limited Young to having nine adult dogs and two litters of puppies at his residence.

At its Jan. 7th meeting, the council temporarily extended Young's business license until mid-February, denied his request to increase the number of adult dogs to 15, and tabled further discussion until Monday's meeting.

Pros and cons on the topic were reviewed and discussed Monday, as well as at prior meetings, including information from buyers, both those who received sick puppies and those who reported being pleased with their purchases; input from supportive and non-supportive neighbors, and inspection reports from Kadell and an Oregon Humane Society officer.

Kadell told the council Monday that in an inspection last year, he found some "minor violations" at Young's kennel site, related to food storage, ventilation and record keeping. He stated that similar large kennels normally operate in the county, outside of city limits.

That was one of the primary topics discussed Monday as to was whether or not a kennel should be operating in the city limits, especially in a residential zone, where Young's home is located. According to a city ordinance, a single-family residence cannot have more than three adult dogs and one litter of puppies under sixth months of age.

The ordinance allows licensing of an animal facility business license, if it complies with land use regulations. Approval, denial or revocation of such licenses is under the authority of the council.

During the course of the lengthy and complex discussion on Monday evening, councilor David Langford made a motion to not renew Young's business license and grant a 90-day grace period to discontinue and clean up the kennel operation. The motion was seconded by Councilor Russ Moon, but failed by a 4-3 count.

Subsequently, John Holmes made a motion, seconded by David Qualman, to renew the license for 2008, with the original limit of nine dogs and two litters.

However, during discussion, Moon, who lives in the neighborhood of the kennel, brought up his concerns regarding noise, which were echoed by Langford, who also lives in the area.

Holmes offered to withdraw his motion, however, the council decided to vote on it and it also failed, by a 5-2 count, resulting in a non-renewal of the license.

After further discussion, Councilor Mike Avent made a motion, which passed, delegating Rainier Police Chief Ralph Painter, City Administrator Lars Gare and city attorney Steve Petersen to work with the Rainier Planning Commission on any future city ordinance in regards to kennels.

Mayor Jerry Cole asked Young to provide a written report to Chief Painter in about a month, detailing progress of closing the kennel and coming into compliance with the city limit of three dogs and one litter of puppies for single-family residences.

Before leaving the meeting, Young expressed his appreciation for the council's consideration of his requests.

Council Approves WWTP Contract; Gare Reports on Public Works Issues

In other business, the council authorized Mayor Cole to sign a materials testing and inspections contract with Northwest Testing, Inc. for inspection of materials as well as work done by Stellar J, the contractor on the wastewater treatment plant construction project. The contract includes a $25,000 budget, with any expenditures beyond that to be approved by the city.

In regards to the water treatment plant, Gare reported that he is contacting manufacturer representatives to obtain quotes on parts and the installation of them, for needed repairs and/or updating of the plant's equipment.

Gare told the council that Veolia Water North American (VWNA) could not provide a short-term operations proposal, as had been sought by the city, but only a long-term agreement. VWNA is continuing to operate the plant under the emergency contract it entered with the city in early December. In regards to the water treatment plant, Gare reported that he is contacting manufacturer representatives to obtain quotes on parts and the installation of them, for needed repairs and/or updating of the plant's equipment.

An "alternative solution," said Gare, including quotes from different service providers, will be formulated and brought back to the council.

Gare also stated he plans to meet soon with the council's water treatment plant committee to discuss various options, including long-term operations of the plant.

The city is currently advertising for a public works director and finance director/city recorder, with an application deadline of Feb. 15. Gare said he spoke to two individuals interested in the public works position and subsequently sent out application packets. No applications have yet been received for either position.

Gare also reported he is interviewing a commercial provider and working with the League of Oregon Cities to hire a part-time planner. The city's interim planner Howard Aldrich recently resigned.

The council okayed a request from Byron Rickert, city watershed manager, to market timber in the city's watershed, which fell prior to and during the recent storms.

Gare reported he met Feb. 1 with a local FEMA (Federal Emergency Management Agency) representative and said the city is "well into the application process and we haven't been shot down in anything we have brought to them."

Federal funds are being sought for the city's storm-affected areas, including the watershed, C Street slippage and the water treatment plant.

Avent requested that Gare look into payment of additional engineering work done by W&H Pacific for the Highway 30/B Street bike and pedestrian improvement project. The topic came before the council last fall and included discussion as to who had authorized the additional work. The issue was to be reviewed last year by city attorney Petersen, who wasn't present at Monday's meeting.

REDCO Reappointments Made; Resolutions Passed

Based on a recommendation from the Rainier Economic Development Council (REDCO), the council reappointed members Tim Navarro, position 4, and Terry Deaton, position 5, to four-year terms on the REDCO board of directors, ending January 2012.

A motion by Councilor Rob Piercy to make The Daily News the official newspaper of record, in place of The Clatskanie Chief, failed for lack of a second. Piercy said he made the motion because the city has missed the submission deadlines of the Chief, published weekly, whereas The Daily News is printed daily.

Langford subsequently made a motion to make the Chief the official newspaper of record. Moon seconded the motion and it passed, with Piercy voting against it.

Resolutions were also adopted establishing the council's regular meetings on the first and third Monday of every month at 7 p.m., and special meeting work sessions on the first Monday of every month at 6 p.m.

Holmes reported on his voluntary who in updating the city's web site, www.cityofrainier.com.

Langford expressed concerns that a culvert at Fox Creek be kept clear during winter weather conditions to prevent flooding issues and asked Gare to direct public works personnel to address the issue.

Langford also talked about the topic of an employee accruing too much "comp time" and asked for future discussion on employee-related issues, which had been the topic of a previous meeting.

Prior to Monday's regular meeting, the council met in a 6 p.m. work session to determine a date and topics for its annual planning session, set Monday, Feb. 25, from 5-9 p.m.

Topics will include discussions on the financing for the wastewater treatment plant project, the water treatment plant status, the A Street/Rail safety project, development of the 2008 budget, including criteria in making nominations to the budget committee; possible future public works projects, and updating the city's "needs and issues" inventory.

Stellar J Given "Notice to Proceed"

Upgrade of Rainier Wastewater Treatment Plant Gets Underway

The Clatskanie Chief

by Betty Mayfield

January 17, 2008

Activity finally got underway this week on Rainier's refurbished and expanded wastewater treatment plant with a "Notice to Proceed" ordered for Monday, Jan. 14, to Stellar J Corporation of Woodland, Wash., the company doing the construction work.

At a pre-construction conference Thursday, Jan. 10, Tim Bauman of Stellar J said that some trailers would be moved onto the site this week.

The company has 365 days - Jan. 13, 2009 - to have the plant "substantially complete" and 420 days - March 9, 2009 - for final completion, said Brad Bogus of Kennedy Jenks, engineers for the project.

The construction will expand the existing plant with an additional doughnut-shaped aeration basin and new headworks for screening out material such as plastic, Bogus said. Plans also call for an effluent filter, an ultraviolet disinfection system, a new outfall directly to the Columbia River, an odor control facility and landscaping, he said.

The U.S. Army Corps of Engineers permit for the outfall has been in process since August but was waiting for review by the National Marine Fisheries Service, said Bob Vivian, the city's project representative for the plant construction.

No work will be possible on the outfall this winter, but will be done from October 2008 to February 2009, during the next "fish window" to protect migrating fish.

Vivian of Ace Consultants, Beaverton, is carrying out the duties that would normally fall to the city's public works director, a position presently vacant.

Work is proceeding as expected on the building permit, said Bill Potter of the Columbia County Planning Department. "It's a pretty straightforward project," he said.

Changes should be submitted in advance, said Mike Lewis, county building inspector, so that he can inspect work immediately.

"I will work with you in any way I can to keep the job moving forward, but don't put it in the ground if I haven't seen it, " he said. "There are no dumb questions. Just ask."

Mayor Jerry Cole said that the location next to the present wastewater plant across the street from Riverside Park and the senior center means that a lot of people are going to be watching the construction work. Bauman warned that anyone entering the site would be required to wear hard hats, safety glasses and appropriate shoes.

The city shop is in the same area, and Al Guist, public works foreman, asked that he get advance notice to move equipment such as a dump truck or a backhoe out of the shop if the entry gate were going to be blocked for a time.

"It's refreshing to see everything moving along," said Mayor Cole. "If anybody needs anything, give me a call."

In November 2006, Rainier voters approved the sale of general obligation (GO) bonds for up to $7 million for the upgrade and enlargement of the wastewater treatment plant.

Bids received from three companies in September 2007 exceeded the engineer's original $6.9 million cost estimate by $1.4 to $2.1 million.

Stellar J submitted the lowest bid of $8,391,358 for the first phase of the project and was later awarded the bid.

In light of the financial shortfall, the Rainier City Council determined last fall to re-bid phase B, for needed sewer upgrades, in an attempt to solicit a lower bid.

In early November 2007, the council passed a resolution for a $2.7 million revenue-backed loan, giving the city additional "borrowing authority." The loan is to be payable solely from sewer revenues.

Rainier City Council Hears Water Treatment Report; Welcomes New Administrator

by Ruth Howard

The Clatskanie Chief

January 10, 2008

A report on Rainier's water treatment plant, a welcome to new city administrator Lars Gare, and a variety of other topics highlighted the Rainier City Council meeting on Monday, Jan. 7.

The council heard a detailed report from Mike Greene of Veolia Water North America (VWNA) about the status of the water treatment plant, as well as three recommendations for future steps.

VWNA was initially contacted Dec. 6 by the city of Rainier to provide staff and operational oversight at the plant, based on a recommendation from a city of Longview plant operator, because the plant was in an "emergency situation."

Rainier Mayor Cole told the Chief Tuesday that the council became aware of the status of the plant and a lack of previous preventative maintenance after it contracted with Phil Beverly of PACE Engineers, Inc. in early November to provide operator services, following the resignation of longtime Rainier public works director Dwayne Barnes, since no other public works staff were certified operators.

After visiting the plant, Beverly began to apprise the council of the extent of the plant's deficiencies, which were compounded by the early December heavy rainfall, that increased the turbidity levels in the raw water entering the plant.

In early December, a council water treatment committee determined that more extensive services were needed, beyond what Beverly could provide, and VWNA was contacted in early December.

"There are still some very significant problems up there," Greene of VWNA told the council Monday. "We were able to mitigate some problems and get the plant working."

"It's not reliable," he said, "but better than it was on the 7th of December."

According to Greene's report, when VWNA arrived in Rainier "plant operations were unstable at that time with significant operational problems."

As previously reported, reservoirs were very low and the city was in danger of running out of water.

After entering into an "emergency assistance agreement," VWNA began providing on-site assistance Dec. 7, with VWNA employees putting in 12-18 hours a day and the plant running continuously 24 hours a day for about 10 days, reported Greene. The plant is now operating between eight and 12 hours a day and VWNA staff is dedicating 12-14 on-site hours a day, as well as providing remote monitoring.

"Once we started 24/7 we were able to meet demands," said Greene. Those "demands" included filling the storage reservoirs and meeting the need required by city users and the United States Gypsum Company (USG), which draws 60 percent of the plant's domestic use.

VWNA's services are costing the city of Rainier approximately $1000 a day, according to a draft billing estimate presented at Monday's meeting. Greene noted, however, that the cost is the "difference between the city having water and not having water."

"At this time plant operational functionality has improved over the last three weeks; production is meeting system demand and storage levels are being maintained at adequate levels," Greene stated in a written report summary.

"...However, although operations have improved and production levels have increased...the plant is still not stable enough for reliable automated operations.

"There is a risk of not meeting production demands and/or water quality criteria if any of the plant's critical processes fail. If that happens, the plant will revert to the need for 12-24 hour on site operation by experienced water operators," Greene's written report stated.

VWNA Makes Recommendations

Greene presented three options for council consideration: option 1, continue the current course; option 2, repair/restore the existing control system, and option 3, upgrade the entire control system. Greene said he felt "most comfortable" with the last option.

Regarding option 1, Greene noted in his written report, that "the current effort is requiring about 12 to 14 hours a day on site operations by VWNA water operators and is also requiring off-site monitoring with PC (personal computer) access.

"This mode of operation has improved production but will be very costly on an intermediate or long term basis.

"It is estimated that to maintain current staffing levels with VWNA certified operators and off-site monitoring and support would be about $1,000/day or $30,000 per month. VWNA can not sustain this support indefinitely and will need to consider dropping this support soon."

Option 2 would involve "at a minimum...repairing the EIM actuated valve network," stated Greene.

"The total cost of Option 2 for just the valve network is estimated to be in the range of $25,000 to $35,000 including labor and materials...There are still a number of unknowns associated with this option...

"Repairing the existing system would improve plant reliability relative to its current operational status but would still be subject to potential problems in the future. A rough cost estimate for a comprehensive upgrade is about $100,000, or the same cost of Option 3," according to Greene.

Option 3 or "a complete control system upgrade would result in a much more reliable control and valve network. Also, future programming and trouble shooting efforts would be easier and there would be much better local technical support for a system that is more widely used," Greene stated.

"A rough cost estimate for a comprehensive upgrade is about $100,000. An upgraded and reliable control system would allow for un-staffed and automated plant operations which would significantly reduce the amount of staffed operations time."

"...VWNA's recommended course of action is Option 3 with VWNA continuing in the Emergency Assistance mode for day to day process oversight and leading emergency repairs for the water plant.

"This approach would essentially replace and/or reconfigure the existing control system to meet current 'industrial' quality standards for robust and reliable control systems.

"This reconfiguration would also provide a system that should meet system needs for many years to come with normal and well maintained use," Greene reported.

He said the upgrade could be done in phases, allowing for continued production of clean water.

"We would be prepared to consider doing upgrade work and rolling that total cost into an operating contract," Greene told the council, to give the city "the opportunity or consideration to amortize over a 5-10 year operating contract."

In regards to an operating contract, Cole noted it would be necessary to issue RFPs (Request for Proposals) "because their (VWNA's) competitors are allowed to bid." He also suggested meeting with legal counsel and union representatives.

The council authorized Cole to appoint a council-based committee to work with Gare on preparing the RFPs for plant repairs and operating services, as well as to consult with legal counsel and union representatives, and to return to the council "as soon as possible."

The committee was also directed to return to the council with a proposal for a six-month to one-year "emergency" contract with VWNA to continue operations and to implement option three, the upgrade of the control system.

Councilor David Langford was tapped for the water treatment committee, joining Cole and Councilor Sloan Nelson.

Cole emphasized to the Chief Tuesday afternoon that the council saw VWNA's option 3 as necessary because of a "lack of preventive maintenance by previous staff."

He said a special council meeting may be set to review the RFP and to consider an "emergency" contract proposal from VWNA, or they may be on the Jan. 21st regular meeting agenda.

In a separate motion, the council gave the water treatment plant committee authority to approve the purchase of a back-up computer and related applications for the plant, upon receipt of a written quote from Greene.

Greene had told the council that the plant's current computer was locking up and if it failed "we're going to be toast."

Several councilors, including Russ Moon, Langford and Avent, stressed that public works employees, including John Dewey and Dan Foultner, should be at the plant, receiving training and information from VWNA while it is operating the plant.

"You don't know how much we appreciate the work you're doing up there, the knowledge you're giving our guys" said Langford. "We should take full advantage of that...they should be absorbing as much knowledge as possible."

Greene said Dewey and Foultner had worked alongside VWNA personnel, when not busy with other city responsibilities, and he indicated they were welcome to glean training at the plant.

Avent suggested that if necessary, temporary personnel could be hired for the public works department, to give present employees enough time at the plant.

"We need to have one of our guys there probably 40 hours a week...The time to learn is when the fire's going, not when it's put out," stressed Avent.

"This is a learning experience for all of us as council members," said Avent, adding "we were held hostage by one person who had the capability of running the plant...we've got to ask tough questions...hopefully we all learn something."

The estimate, for VWNA's services, from Dec. 7-31, totaled $35,210, with the note that "some minor equipment purchases have been made" that were not included in the estimate.

An invoice for $15,082.20 was also received from PACE Engineers, Inc., which provided an operator and other services from Nov. 1-Dec. 31. Costs for city of Longview's help is estimated at $10,000, said Cole.

[Click HERE for more about Veolia Water North America]

New Administrator Lars Gare Welcomed

At the beginning of Monday's meeting, Cole officially welcomed new permanent city administrator Lars Gare to Rainier, in his first day with the city.

A 6 p.m. "meet and greet" with Gare was held prior to the council meeting.

After interviewing three finalists Nov. 14, Gare, a Spokane resident, was unanimously selected by the council at its meeting Nov. 19. A contract with Gare was approved at the council's Dec. 17th meeting.

Following a 27-year career in the United States Air Force, Gare worked in city administration for two Washington cities and most recently was a financial advisor with Merrill Lynch. In August, Gare left Merrill Lynch to again pursue public administration because he "enjoyed getting things done."

Gare has a wife, Jo Ann, and two grown daughters.

Council Discusses Kennel Request

In other business, the council reviewed a request tabled from the Dec. 17th meeting, from Jim Young, who sells Labrador dogs from his home, via the Internet, under the business name "Walabs."

At last month's meeting, Young asked that the limit of dogs allowed on his property be raised from nine to 15 adult dogs.

In early October, the council okayed a business license, with an expiration of Dec. 31, and restricted the number of dogs kept at Young's facility to nine adult dogs and two litters.

The council heard from Tymilynn Uhl of Renton, Wash., who said a dog she bought from Young had a number of problems, including tapeworms and skin lesions. She provided the council with photos and information, including correspondence, as well as names and phone numbers of others who purchased puppies from "Walabs" in 2005-07.

She said of the buyers she had contact with, none received a puppy that was not sick.

Noting it had "too much information to digest," the council opted to revisit the topic at its Jan. 21st meeting. However, since Young's business license expired Dec. 31, and to prevent his business from being non-compliant, the council approved a motion extending his license until after the second of two litters, expected Feb. 10, is born. As part of the motion, it was emphasized that no additional litters or animals were to be allowed beyond the previously set limit.

Cole also directed Gare to contact a "third party," such as a kennel organization or humane society to ensure the legitimacy of Young's operation.

As suggested at the Dec. 17th meeting, councilors Nelson and John Holmes suggested Young gather letters of support for expanding his facility's capacity.

C Street East Re-Opened;

By a motion, the council authorized the re-opening of a block of C Street East, between 1st and 2 streets, that was closed in early December due to continuing landslide activity on a privately-owned lot at the corner of 1st and C streets.

Water-saturated soil had broken a retaining wall on the lot and is currently pushing the city sidewalk. December's heavy rainfall further worsened the situation, which has been an issue for several years.

Neighbors Stuart Valley and Robert duPlessis reported that persons were ignoring road closure signs and "plowing through" traffic cones and barriers. In a letter duPlessis advised the council to keep the block closed to "protect public safety" because of the slide.

However, because adjoining streets are steep and in light of the current wintry weather, the council approved re-opening the block and asked city staff to monitor the area at their discretion, in case of a need to re-close it.

Both Valley and duPlessis expressed concerns about the slide and its continued movement, but Cole and the council stated the issue is under dispute as to the initial cause of the slide and whether the city or the property owner is responsible for the repairs. Cole noted that the city has attempted to persuade the owner, Shirley Davis of Las Vegas, and her son and attorney, Ron Lucas of Rainier, to make the necessary repairs.

Cole read from a geotechnical summary, obtained by Davis in August 2006, that said the slide was caused by cuts made for the widening of the adjacent streets, as well as sidewalk work. It was noted at Monday's meeting, however, that the failure had occurred in the last several years, well after any city street or sidewalk work. The stability of the retaining wall was also brought into question by Cole.

Cole directed Gare to obtain a bid for costs to stabilize the area.

Other Business

Cole reported he attended a meeting Dec. 3 about securing assistance from FEMA (Federal Emergency Management Agency) and an appointment will be scheduled to determine whether the city of Rainier will qualify for funding for storm-related issues, such as the C Street slide, overtime hours related to the high turbidity at the water treatment plant and damage to roads in the city watershed.

The council heard a request from Tim Navarro who is wanting to expand a deck at the back of the Evergreen Pub & Café and asked the council to review criteria of a city ordinance requiring geo-technical studies for construction on the east side of town. The topic was deferred to a future work