Council OKs property bid edict

By Andy Gates - Argus Observer
Tuesday, August 21, 2007 11:46 AM PDT

Ontario - Ontario City Manager Scott Trainor told the City Council Thursday it should just “forget about” a surplus public property ordinance supported last month on its first reading, and consider another, similar, ordinance instead.

And, Monday night the council did just what it was told to do, approving a new surplus property ordinance on its first reading.

Both the July surplus property mandate passed by the council and Monday’s modified ordinance considered and approved Monday night are designed to allow the city to transfer surplus property directly to a specific agency, organization, individual, entity or company — when it is in the “public interest.” Before, such procedures were set in city code and involved a public bidding process for surplus property disposal.

The July ordinance the council voted for on its first reading was later reviewed by the city’s attorney, Trainor said, who made recommendations it be changed and aligned more solidly with state law.

“Following the council meeting on July 16, the city attorney had some language changes that would strengthen the ordinance amendment and would more closely align the ordinance with state statutes,” Trainor said in Monday’s City Council agenda report.

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Trainor said last week the modified surplus property ordinance contains “simpler language.”

The new ordinance, at the very least, has less language.

Both mandates contained a new section of city code but carry completely different wording.

Monday’s ordinance calls the new section of code “an alternative disposal procedure,” and it states that the city’s existing 2005 surplus property code will not limit it from following other procedures set forth in state law for disposing of the city’s extra property.

The July version of the ordinance, however, did not cite that same state law and called the new code section “waiver of disposal procedure.”

Also, unlike Monday’s version of the ordinance, the proposed July mandate said property recipients would need to develop in a timely fashion, and the transfer would have to be in the best “economic interest” of the community.

The newest version of the mandate provides flexibility in the city’s surplus land disposition procedures, whereas the July version provided an additional tool to the city to attract and retain business, according the city information on both ordinances. Ontario Mayor Joe Dominick said Monday exactly what he said Thursday.

“I like this a lot better,” the mayor said.

In other council news:

— A representative from the city’s audit firm Dickey and Tremper, LLC, said Monday during the regular City Council meeting the 2006 audit of Ontario had been completed.

“I know you don’t want all the details on this,” the auditor told the City Council Monday night in City Hall. No council member disagreed with that assertion. The council did not ask questions after the auditor’s briefing. The city, overall, did well, the auditor said, however a couple items were reported to city staff in a “management letter,” which was not disclosed Monday. Three members of the City Council convened at City Hall Monday afternoon with the auditor for a more in-depth review of the audit, but the session apparently was not open to the public.

When a reporter from the Argus Observer arrived to attend the meeting, the reporter was told by Trainor, “This is not a public meeting.”

The council members at the Monday afternoon session — Dan Cummings, Jim Mosier and Lewie Allen — did not say anything publicly about the audit during Monday’s City Council meeting.

— The city accepted a grant from the Federal Aviation Administration Monday, which will pay for fencing involved in the city’s project to extend the runway at Ontario Municipal Airport.

The grant came in for $200,000. That amount is $9,950 less than projected by Ontario City Manager Scott Trainor on Aug. 6.

Now, Trainor said that additional $9,950 will be coordinated with the FAA and the grant amount will be increased, or the fencing project amount will be decreased to $200,000.

At least on Aug. 6 Trainor told the City Council the $1.2 million runway extension project was set to receive funds through three different avenues: the FAA grant for $209,950; a grant from the state through the ConnectOregon program for $1,015,200 and public money from the city.

While the main portion of the runway project will be fueled by funds from ConnectOregon, 20 percent of the costs must be covered by the city.

The city’s stake in the project — $43,850, according to Ontario City Manager Scott Trainor — will be collected from Ontario’s general fund and the grant fund after a vote of approval was rendered Aug. 6 by the City Council. That meant the general contingency fund would provide $23,850 for the project, and city’s grant fund would allocate $20,000.

The city had been denied a grant last year from the Southeast Regional Alliance for $60,000, which would have covered the town’s 20 percent match for the ConnectOregon money.

And, now, if during construction workers determine the price of the project needs to increase, then a change order would be issued, and the council would need to approve taking more money from the general fund, Trainor had confirmed earlier this month.