City of North Bend Responds to Councilor Noordhoff’s Claims on Committee Formation

COMMUNITYPLUS/OREGONTODAY.NET/EPUERTO TODAY published a letter today from North Bend City Councilor Susanna Noordhoff in the form of a Q&A.  On July 9, 2024, the Council Member stated she would “take this matter to court and sue the City for numerous violations of Council Rules on a required component of the City’s Comprehensive Plan.”  In the interest of transparency, Councilor Noordhoff was informed that the City would address any potential inaccuracies or misinformation shared with the public.

Q. When is a committee not a committee?
A. When North Bend Mayor Jessica Engelke and City Administrator David Milliron say it’s not a committee!

RESPONSE:
This is incorrect. Ordinance No. 2052C (attached below) governs City Council Meetings and Proceedings as required by Chapter 4, Section 12 of the North Bend City Charter. For clarification, an ordinance functions as local law, and the city charter is issued by the Oregon Legislature. The ordinance provides that “the council may, by simple motion or resolution, establish a council committee as deemed necessary in the best interest of the council or the city.”

Q. What ‘not-a-committee‘ would this be?
A. The Master Plan Steering Committee, tasked to work with a landscape architect to update the 20-year Parks Master Plan, part of North Bend’s Comprehensive Plan. The update, required by State law, will receive two public hearings, votes by the Planning Commission and City Council, and adoption by ordinance. Despite its title, Mr. Milliron stated in an email that the Master Plan Steering Committee is ‘work product’, authorized when the City awarded the consultant’s contract!

RESPONSE:
This is accurate. The City Council, including Councilor Noordhoff, voted to award the contract, which staff then implemented. The contractor formed a steering committee that included members of the Council’s Parks Committee along with other stakeholders. Council members were invited to submit nominations for this committee. However, Councilor Noordhoff chose not to submit any nominations. The contractor has since engaged the community through various events, surveys, and public meetings. Once the work is completed, it will go before the Planning Commission and City Council for review and further input if necessary.

Q. Why does this matter?
A. Because Section 2.04.100 of the Council Rules, passed by City Ordinance, state “Unless otherwise provided by statute, ordinance or resolution, the following shall be the procedure for the creation of and appointments to all city boards, commissions, and lay committees.” A consultant contract is not a “statute, ordinance or resolution”!  Council Rules give Council, and only Council, the authority to create a Board, Commission or Committee for any purpose, short- or long-term, and publicly vote to appoint North Bend citizens as members. Applications must be in writing.

RESPONSE:
This statement is not accurate. The City Attorney has assured the City Council and staff in multiple meetings that the steering committee was created within the proper legal framework. Despite these assurances, Councilor Noordhoff continues to raise concerns that have already been addressed by the City’s legal counsel.

Q. So why does Mayor Engelke continue to say the Master Plan Steering Committee is not a committee and does not need to give a committee report during the regular agenda item for Committee Reports?
A. Mayor Engelke handed control of the Master Plan Steering Committee to City Administrator Milliron in a direct violation of the Council Rules. Background: On February 13th, 2024, Council awarded the contract for completion of the Parks Master Plan update. From the staff report, “It is suggested that each member of the City Council appoint one city resident to serve on an ad-hoc Parks Advisory committee for calendar year 2024. The appointments could be made at the first Council Meeting in March 2024.”
I suggested that the Parks Committee be included with other appointees. Mr. Milliron said there were only three people on that Committee. I said, include them anyway. Their last meeting was October 2021! The staff report’s proposal for Council appointments to an ad-hoc committee for the Parks Master Plan was never placed on any subsequent meeting agenda. It disappeared. When I asked Mayor Engelke directly after a June work session, she said, “Council made the appointments when I wasn’t present, (mentioned someone) is on it, it’s been in the City Administrator’s written reports, and I’ll have the Parks and Facilities Manager make a report on it at tomorrow’s meeting.” I called the person mentioned; they confirmed Mayor Engelke had called to ask them to join the committee, and the committee had met and approved the draft public survey form to gather public input on parks.

RESPONSE:
This is not correct. The City Council delegated the implementation of the Master Plan to staff because it is an administrative function. The City Attorney has confirmed that no violation of council rules occurred. While the staff report did suggest that council members nominate individuals for an ad-hoc committee, the council chose instead to offer nominations for the steering committee. Unfortunately, Councilor Noordhoff did not provide any nominations for this steering committee.

Q. Why is this important?
A. Section 2.04.100 (12) All meetings of a board, commission or lay-committee shall be subject to and comply with the Oregon Public Meetings Law.
The City is in violation of this when it did not post public notice of the committee meetings. On the City’s website, the Parks and Recreation Master Plan Update page states, “The City of North Bend utilizes internal review, professional assessments, data collection, and community input to update the Master Plan and has established the Master Plan Steering Committee to help determine how to best serve the North Bend community. Alongside (the consultant), they will gather input to update the Comprehensive Master Plan.“

RESPONSE:
This is incorrect. The City Attorney has repeatedly clarified that the steering committee formed by the contractor is not classified as a Council Committee, Board, Commission, or Lay Committee under Oregon law. Therefore, the City is in full compliance with the state’s public meetings law.

Q. But it’s not a committee?
A. Of course it’s a committee! Mayor Engelke, in violation of the Council Rules and her Oath of Office, waved away Council Rule 2.04.100 on Boards, Commissions and Committees. She and the City Administrator brought in several current Parks Committee members, filled out the roster without any Council knowledge or input, disregarded Oregon Public Meetings law, and refused to give updates during ‘Committee Reports’. The City Charter says that the City Administrator may not control the Council. I am on City Council and I am appalled by the disrespect shown to the Council on this matter by Mayor Engelke. And Mayor Engelke is running for re-election. She posted a half-page ad in September’s ‘Oregon Coast Mailer’ touting ‘Transparent Governance’. Be careful with your vote.

RESPONSE:
Please refer to the previous responses. The City Attorney has provided professional guidance, which the majority of the council has chosen to follow. It is unfortunate that Councilor Noordhoff disagrees, but the council has confidence in the legal advice provided by the City Attorney.

—–

Source Documents:

RECAP: North Bend City Council Work Session (July 22, 2024)
Parks Master Plan Steering Committee: Councilor Noordhoff raised concerns about the formation of the Parks Master Plan Steering Committee, questioning whether it adhered to council rules. The City Attorney clarified that the committee was not a formal council committee but rather a group providing input to the consultants. The council agreed to move forward with the current structure. The City Attorney has informed the City Council that the steering committee was properly created within the purview of staff.
Agenda Item Discussion: https://youtu.be/sVk70I2eYX4?t=1927
Attorney’s Input: https://youtu.be/sVk70I2eYX4?t=2352

—–

RECAP: North Bend City Council Work Session (July 8, 2024)
Parks Master Plan Steering Committee: A Council Member raised concerns regarding the staff-created Parks Master Plan Steering Committee. The Council approved a contract with HGE, Inc., which is being implemented by the City Administrator and staff. This contract includes input from selected stakeholders for the park master planning process. The final work product will be presented to the City Council for action as appropriate. The City Attorney has informed the City Council that the steering committee was properly created within the purview of staff.
Agenda Item Discussion: https://youtu.be/UMbkyNufljY?t=3347

—–

Begin forwarded message:
From: David Milliron
Sent: Tuesday, July 9, 2024 4:54 PM
To: City Council
Subject: RE: Parks Master Plan Committee
Importance: High

Council:
After consulting with our City Attorney, it has been determined that the City Council did not act on the staff recommendation to create a Council Committee or Citizen Board, Commission, or Lay-Committee. The Council approved a contract, which is being implemented by the City Administrator and staff. This contract includes input from selected stakeholders for the park master planning process. The final work product will be presented to the City Council for action as deemed appropriate. Thus, this is a moot issue.
Best regards,

David

—–

Begin forwarded message:

From: Susanna Noordhoff
Date: July 9, 2024 at 8:29:25?AM PDT
To: Jessica Engelke
Subject: Parks Master Plan Committee

Dear Mayor Engelke:

Unless you immediately take steps to compel the City to follow Council Rule 2.04.100 and correct the current unapproved and illegal setup of the (Parks) Master Plan Steering Committee, and appointments thereto,  I will take this matter to court and sue the City for numerous violations of Council Rules on a required component of the City’s Comprehensive Plan.

Sincerely,

Councilor Noordhoff