Guest Editorial
Guest viewpoint
By Michael Armstrong
I would like to set the record straight and refute many of the lies, half-truths and slander coming from Mayor Orville Nelson and his ilk.
The present turmoil in Lakeside is being orchestrated chiefly by Mayor Orville Nelson. He is intent on rolling back the clock prior to the November 2008 election when he ran the city with an “iron fist” and a willing Council.
1. At the January 11, 2007 city council meeting, then newly elected Mayor Orville Nelson made Charlie Hill City Recorder with a $2 an hour raise and a 6% raise after six months. The foundation was also being laid to remove Don Bignell, as wastewater superintendent and hire a mechanic supervisor.
Source: Page 8 of the January 11, 2007 City Council Meeting minutes
2. During the February 8, 2007 city council meeting, Orville Nelson stated, “we need to appoint Charlie Hill as Assistant City Administrator.” A motion was made by Jim Brown, seconded by Councilman Crockett. The motion passed unanimously with a $1 an hour raise.
Additionally, a motion was passed to hire a clerk. The clerk eventually hired was Suzie Marcy, the Chief recall petitioner of the previous mayor and several councilors. She had worked closely with Nelson on the recall and the election of Orville himself to Mayor.
Orville Nelson continued to lay the foundation to terminate Don Bignell and hire a mechanic.
Source: Page 10 & 11 of the February 8, 2007 City Council Meeting minutes
3. On Saturday, March 3, 2007 Councilman Mack Eubanks walked in on a tour being given at the wastewater treatment plant by Mayor Nelson, Bob Dillard and at that time an unknown gentleman, later identified to be Phil Heley.
Bob Dillard when asked by Councilman Eubanks if this was a job interview, Bob Dillard stated, “yes.” Councilman Eubanks discovered that Phil Heley was a friend and former co-worker of Mayor Nelson, and until that day had never set foot in a wastewater treatment plant.
Note: This occurred (5) days before the council accepted Don Bignells resignation and a week before the open position was advertised for.
Source: Mack Eubanks and pages 1-9 of the Special City Council Meeting minutes of March 23, 2007
4. During the March 8, 2007 city council meeting, Wastewater Superintendent Don Bignell’s resignation is accepted. Orville Nelson asked that the city advertise for a Working Foreman with Bob Dillard putting together a job description.
Orville Nelson further stated, “we need to hire local people and that he knew someone in Lakeside that was a great mechanic that might be interested in the position.”
The council voted to advertise for only (3) days, Monday, Tuesday and Wednesday, in the World newspaper and post the job opening at the employment office.
Source: Page 6 of the March 8 2007 City Council Meeting minutes
5. During the March 23, 2007 Special City Council meeting, Don Bignell’s job description was changed from “Wastewater Superintendent” to “Wastewater Superintendent/Mechanic.”
Note: By accepting the new job description that council and mayor effectively removed all requirements for certification and knowledge of wasterwater treatment plants [violating state laws, which would later catch up with them].
Mayor Orville Nelson when questioned about what they were doing and his not even reading the first page of the job description into the record, stated “ What we are doing tonight according to our attorney, Rich Rodeman, is to read the job description and approve it. The first page will not apply until we get some of the maintenance work caught up. Then, when he gets 400 hours in, he (Phil) will start studying for his Wastewater 1 certification.”
Nelson also stated, “we are starting him out at the same rate Don Bignell was making, hiring him as a maintenance supervisor. Orville said this guy would save half his wages in comp time alone.”
Citizens in the audience voiced their displeasure with the council hiring an inexperienced wastewater superintendent without wastewater experience or state-required certification.
Elaine Armstrong, as an audience member, asked if Orville had a pre-employment agreement for Phil Heley to obtain his Class 1 or 2 in a certain amount of time? Orville “Yes it’s in writing.”
As of 2 ½ years later, Heley is still not certified.
Note: by not having a WW3 on site full time we are in violation of DEQ - OAR rule 340-049-0015 which states:
“Each owner of a wastewater system with an average dry weather flow of 75,000 gallons per day or greater design capacity MUST HAVE it’s system supervised full-time by one or more operators who hold a valid certificate for the type of system, wastewater treatment or wastewater collection, and at a grade equal to or greater than the wastewater system classification. We are a Class III plant.”
6. Excessive comp time, lieu time, and vacation time build up. Lakeside’s personnel rules only permit employees to accrue no more than 80 hours of comp time per calendar year and carryover no more than 40 hours per calendar year.
During the June 14, 2007 city council meeting, a motion was made by Jim Brown, seconded by Harlon Green to burn off excessive comp and vacation time by December 31, 2007.
The motion was passed unanimous by all councilors. The motion was never followed-up on or enforced.
Source: Page 5 of the June 14, 2007 City Council Meeting minutes
During the June 24, 2008 city council meeting, Orville Nelson again requested to allow carryover of comp time and vacation time. Orville stated “We are not giving comp time, but some guys especially at the treatment plant, that they did not have time to use up. So, we want to extend the time that they have to burn it off.” Orville further stated, “ I want to make it real plain that we are not paying for anymore comp time.”
Source: Page 4 of the June 24, 2008 Special Meeting and Budget hearing
As of January 2009 three employees at the treatment plant have amassed a staggering 1184.26 hours.
Phil Heley’s comp time standing at 587.37 hours obligates the city to either pay or make them take it off. This could cost tens of thousands in city funds.
7. Bidding irregularities for contracts over $5,000. Under Orville Nelsons’ regime, dubious awards for services or purchases have been observed.
During the August 9, 2007 city council meeting, Orville Nelsons reported “Out of 4 or 5 places that Phil took bids to we only received 2 bids: one for $36,000 and another for $30,000. [Former] attorney Rich [Rodeman] said we don’t need more than 2 bids, but Phil and I decided that we should get at least one more, so we can have 3 bids on that job.
Phil called Kip at Johnson Rock and he said, “if you give me exactly what you want I’ll give you a bid.” The high bid was $39,000, second was $36,000, the arranged for bid from Johnson Rock was $20,000. Kip, at Johnson Rock, received the bid.
Note: Normally bids for large contracts require a spec sheet detailing the work or service desired which is sent to all bidders. A cut off date for accepting the bids is announced and the bids are sealed and opened on a specified day. This allows for fair competition bidding. This was not done in the above case.
Source: Page 5 of the August 9, 2007 City Council Meeting minutes
During the March 13, 2008 city council meeting, sealed bids were accepted for the inspection of Lakeside’s STEP/ STEG systems, a contract was awarded to low bidder Roto-Rooter for $115. per hour for inspections only.
This was supposed to be for the inspection of the systems to give a baseline for all the STEP/STEG systems. The billing to the city by Roto-Rooter for inspections was $12,690.
Mysteriously and with out any further bidding Roto-Rooter did all of the pumping and repair work, billing the city $17,647.35. The total amount billed to the city by Roto-Rooter was $30,337.35.
In July 2009 STEP/STEG users received a letter from city hall advising them that Roto-Rooter would be inspecting, pumping, and repairing their Step & Steg systems again.
The open fair bidding process had not been followed and it had not gone before the whole council. When it was brought to the City Administrator/Recorder’s attention, a stop work order was initiated until the whole council could use oversight.
During the August 13, 2009 city council meeting, the current city council by vote initiated a sealed bid process requirement, which follows the requirements of both the Lakeside Charter and state law.
Mayor Orville Nelson denied that a letter had ever been mailed out, but my investigation revealed that he had ordered the letter to be written and sent out.
The City Charter permits that purchases and projects under $5,000 don’t require bids.
Harlon Green, a former city council member benefited from this with a proposal of $4,995 to remove sand and trees from the north treatment plant site. Billing records of the city reveal that this practice seemed to occur frequently in the past.
8. Lakeside Senior Center facts: When the Lakeside Senior Center was opened in 1989 in the city hall complex rent was established for the facility at $300 a month by the Lakeside Mayor and Council. It was later changed from $300 to $256 a month.
During the June 21, 2007 budget hearing and special council meeting, Orville Nelson asked that the council accept only what South Coast Business pays as a grant for rent for the senior center, which is $150 per month.
There was no motion or vote to change the senior rent and no new contract was negotiated at that time. So, without council approval, Mayor Orville Nelson on his own, lowered the rent to $150 per month.
Source: Page 3 of the June 21, 2007 Budge Hearing and Council Special Meeting minutes
During the August 4, 2009 special council meeting, the current council raised the rent to $241.67 per month. This was needed to help offset the cost of utilities. Maintenance expenses were not included.
Source: Page 2 of the August 4, 2009 Special Council Meeting minutes
The above research is presented in an effort to counter the propaganda being circulated by the chief recall petitioner of the five council opponents of the mayor, Senior President Kathy Gould. She and her willing accomplices have gathered signatures in an attempt to recall the newly elected five councilors that have been serving Lakeside since January ’09.
Recap:
• 1-11-07 & 2-8-07 Mayor Nelson recommends Charlie Hill be advanced in salary and title…….laying ground work to lay-off Bignell.
• 3-08-07 Mayor Nelson caught giving a pre-employment interview to Phil Heley.
• 3-23-07 Wastewater Superintendent Don Bignell resigns. Job description is rewritten removing all standards that would get in the way of hiring a person without certification and plant qualifications.
• 6-14-07 & 6-24-08 Excessive compensatory time becomes a liability to the city even though Nelson touted Heley as a way of reducing comp time.
• 8-09-07 Bidding irregularities for contracts over $5,000.
• 7-09 Taking action outside of council oversight by letting a contract to Roto-Rooter.
• 6-21-07 Without council consent Nelson initiated a senior rent decrease from $256 to $150.
• 8-4-09 Nelson is directed by the council to sign a contract with the seniors to increase their rent from $150 (SCBEC funds) to $256.67 per month.
Editor’s note: Lakesideinfo.com is the publication of record for this city’s happenings. As such, we welcome guest columns, and keep space reserved for a response by Mayor Nelson, should he choose to do so. Nelson has steadfastly refused to communicate for any story or even in an op-ed format. He has rather taken city council time to complain about the website and wishes “something could be done” to get rid of it.
WAY TO GO Michael!!!! So……when are you running for Mayor of Lakeside?!! It is time to put someone in charge who has more then one brain cell!! HONESTY, INTEGRITY, and KNOWLDEGE, just a few important characteristics one would think, that one would need, in order to hold such a powerful position as a mayor of a city. However, this seems not to be the case with the city of Lakeside.
Please Michael, continue trying to keep the Mayor honest and the people informed of the truth!! Thank you!!!