Agendas and Minutes

City Council (View All)

Regular Meeting

Tuesday, October 06, 2009



October 6, 2009

Council Chambers

1175 E. Main Street



Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.



Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.



Mayor Stromberg gave an update on the 1/186th Infantry Battalion of the 41st Brigade Combat Team of the Oregon National Guard (1/186) sharing the company is currently making use of some slow time. 


He went on to announce vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest Lands Commission, and Citizen Budget Committee.



The Study Session minutes of September 21, 2009 and Regular Council minutes of September 22, 2009 were approved with spelling correction to the Study Session minutes.



Mayor Stromberg’s Proclamation of October 8, 2009 as Oregon Day of Culture was read aloud.


A plaque was presented to Mike Munter for his assistance in apprehending a prowler that had eluded the Police for two years.











1.   Will the Council consent to the transfer of stock from Ashland Sanitary Service, Inc. to Recology, a solid waste collection company based in San Francisco?

Management Analyst Ann Seltzer presented the staff report.  She explained that the transfer would not affect the current terms of the franchise agreement with the City or the lease agreement.  Communities contacted regarding the level of service provided by Recology had only positive feedback.  Additionally, working relationships between city and Recology staff were positive.  


Current Ashland Sanitary Service, Inc. owners Russ Chapman and Gary Rigotti shared their appreciation on working with the City of Ashland. 


Staff clarified Recology would pay the franchise fee on gross receipts for all services rendered in Ashland.


Michael Sangiacomo, President and CEO of Recology introduced himself and key staff members.  He briefly explained the history of the company, the company profile, service locations, operations and various programs offered.  The company’s focus was on service, recycling, composting, energy, alternative fuels and community outreach.  Mr. Sangiacomo provided statistical information in regards to the ownership of the company, employee salary and benefits and gave examples of potential changes to Ashland Sanitary.


Steven DiFabion introduced himself as the Recology General Manager who would be relocating to Ashland soon to work in conjunction with Ashland Sanitary.


Councilor Chapman/Silbiger m/s to approve transfer of stock from Ashland Sanitary Service, Inc. to Recology.  DISCUSSION: City Attorney Richard Appicello explained the entity would remain the same and a new contract negotiated when the current one expires.  City Administrator Martha Bennett clarified the audit noted in Ordinance 2582 was an audit of the franchise payment and had not occurred for several years but would be scheduled over the next year.  Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.


2.   Will the Council direct staff to prepare an ordinance to clarify the Living Wage ordinance by defining “twelve month period” and by determining whether a retroactive penalty is automatic?

Parks Director Don Robertson presented the staff report and requested that the statement “twelve month period” be amended to read “during a calendar year” to make it easier to track temporary or seasonal employees.  He provided examples of how difficult it has been to manage and asked for clarification on whether the intention was to penalize back pay retroactively to the first hour of employment or the 1,041-hour. 


City Attorney Richard Appicello recommended adding language stating there was no penalty for making an offer of employment to someone after completing temporary service.  Staff explained the current Living Wage was approximately $12.98 per hour and the Parks and Recreation Department scale for temporary and seasonal workers started at $9 per hour.   


Originally, Council specified a 12-month period instead of using a calendar year to ensure the fair and correct use of the Living Wage.  Staff explained paying the back wage was a small percentage of the ending balance but given tight budgets, even small amounts would have an impact.  The few times the Parks and Recreation Department had to reimburse back wage the amount was approximately $3,000.  


Council and staff discussed the impact of hiring temporary and seasonal employees initially at the Living Wage, changing the 12-month period, adding an exception to back pay for temporary employees and moving to a Living Wage after hour 1040. 


Councilor Jackson/Lemhouse m/s to approve clarification of “any twelve month period” to “a calendar year” and the seasonal nature of the jobs.  DISCUSSION:  Councilor Chapman thought the motion provided a loophole to hiring part time employees.  Councilor Voisin felt seasonal and temporary workers should receive a living wage.  Councilor Jackson wanted to know the implications to the contractors and sub-contractors where the living wage applied.  Councilor Navickas agreed with Councilor Voisin, keeping the ordinance as written provided incentives for employees to stay on and the budgetary impacts were not significant.  Councilor Silbiger supported the motion and thought the penalty check was a disincentive to hire the employee.  Roll Call Vote: Councilor Lemhouse, Voisin, Jackson, Silbiger, Chapman and Navickas, YES. Motion passed.


Councilor Voisin asked to add two agenda items to the meeting, one regarding the seating arrangement and the other writing a letter from the Council to the Forest Service regarding the Ashland Forest Resiliency (AFR).  Councilor Jackson added a Band Committee report to the agenda as well.



1.   Would the Council approve second reading of an ordinance to amend Ashland Municipal Code Chapter 2.41, "Voluntary Contribution and Spending Limits for Candidates for City Offices"?

City Attorney Richard Appicello read the ordinance title aloud.  City Recorder Barbara Christensen explained and clarified the formula options in the staff report.


Councilor Silbiger/Chapman m/s to approve Ordinance #2994 with the following language: 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of .246 (24.6 cents) times the number of registered voters in the City on April 1 of each year.


2.41.050(D) The recorder shall adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI- U) December to December.


DISCUSSION: Councilor Silbiger explained staying with the original formula and adjusting the number of voters the amount came to $3,500 or 24.6cents per registered voter that would adjust to future changes in registered voters.   Councilor Voisin expressed concern on the impact Political Action Committee’s (PACs) have on elections and how tactics used by a PAC could push candidates over the spending limit.  Councilor Chapman did not want PACs driving elections in the City but thought a candidate could fight an attack from a PAC with $3,500. Councilor Jackson added there were no penalties attached to the ordinance due to state law.  Councilor Lemhouse explained in a situation where a candidate was under attack from a PAC, they had the right to go over the spending limit to clear their name. He thought the proposed limit was fair.  Councilor Navickas supported the motion noting there were other means for getting messages out.  He agreed that PACs have a lot of influence in the elections and was not beneficial to the community as a whole.  Roll Call Vote: Councilor Silbiger, Lemhouse, Chapman, Voisin, Navickas and Jackson, YES. Motion passed.


2.   Should the Council approve second reading of an ordinance titled, "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions,"?

City Attorney Richard Appicello read the ordinance title aloud.


Councilor Voisin/Silbiger m/s to approve Ordinance #2992.  Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Voisin, Lemhouse and Chapman, YES. Motion passed.


3.   Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 10.68.350?

City Attorney Richard Appicello read the ordinance title aloud with changes to the language in Section 10.68.350(B) Exclusion to read as follows: “In addition to other remedies provided for violation of this Codes, or of any of the laws of the State of Oregon, any peace officer, or park official or city code compliance officer may exclude any person who violates any applicable provision of law in a city park from any or all city parks for a period of 30 days for any violation or for a period not to exceed 120 days for criminal offenses.  If the person to be excluded from any park has been excluded from a city park on tow or more occasions within two years before the date of the present exclusion for criminal offenses, the exclusion shall be for a period not to exceed 180 days.”


Councilor Chapman/Voisin m/s to approve Ordinance #2993 with changes as stated by the City Attorney.  Roll Call Vote: Councilor Voisin, Jackson, Silbiger, Chapman, Navickas and Lemhouse, YES. Motion passed.


4.   Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"?

City Attorney Richard Appicello read the ordinance title aloud and provided the staff report.


Councilor Voisin/Lemhouse m/s to approve first reading and place on agenda for second reading of Ordinance.  DISCUSSION:  Staff clarified Section 1 6.32.050 City Council Delegation; City Recorder Duties that Council would be delegating the City Recorder to handle minor processes and would strike the second “…to the City Recorder,” from the first sentence. Roll Call Vote: Councilor Jackson, Lemhouse, Chapman, Silbiger, Navickas and Voisin, YES. Motion passed.

5.   Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"?

City Attorney Richard Appicello read the ordinance title aloud.  The ordinance would require commercial vehicles to carry chains whenever the Oregon Department of Transportation (ODOT) posts signs on the Interstate requiring vehicle traction tires or chains.  This was a request from the Police Department after a commercial vehicle turned sideways on a city street and did not have chains.  ODOT also sends out teletypes to commercial trucking companies and agencies notifying them when chains are required and where.  The ordinance also includes Taxi Cabs.


Council requested that the same chain requirements extend to school buses.  Staff will follow up with the school district regarding chain standards for school buses.


Councilor Jackson/Navickas m/s to approve first reading and place on agenda for second reading of Ordinance that includes school buses and corrects a typographical.  Roll Call Vote: Councilor Navickas, Voisin, Silbiger, Chapman, Jackson and Lemhouse, YES. Motion passed.


6.   Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"?

City Attorney Richard Appicello read the ordinance title aloud.  Council directed staff to delete the following language from Section 1 11.24.070 Moving Vehicle:  “…except that the time period shall be terminated if such vehicle is moved to a block that does not have a specified time period for parking.”


Councilor Jackson/Chapman m/s to approve first reading and place on agenda for second reading of Ordinance with the amendment to strike phrase “except that the time period shall be terminated…”  Roll Call Vote:  Councilor Chapman, Silbiger, Navickas, Voisin, Lemhouse and Jackson, YES. Motion passed.


7.   Should the Council approve first reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100 and 2.04.110 Relating to Council Rules"?

City Attorney Richard Appicello presented the staff report and noted the need to standardize the role of the Council Liaison.  The direction he received from various Commissions was that the Council Liaison be a non-voting member and gave examples. 


Council directed staff to create language that had the Council Liaison as an ex officio non-voting member except for quasi-judicial matters before the Planning Commission.


Mr. Appicello continued regarding term limits and suggested five 3-year terms except when the Council unanimously agrees not to apply the term limit to an appointment.  Council suggested three 3-year terms instead with the Mayor giving preference to a new qualified applicant if applicable. 


Councilor Silbiger/Chapman m/s to adjourn meeting.  Roll Call Vote:  Councilor Silbiger, Chapman and Jackson, Yes; Councilor Voisin, Navickas and Lemhouse, NO; Mayor Stromberg, NO.  Motion failed 4-3.


The ordinance discussion continued and Council discussed the removal of a commissioner agreeing it should be transparent, with cause, and with a majority of the Council’s vote.  Giving the Mayor the ability to remove people he or she appoints was briefly addressed. 


Councilor Navickas/Chapman m/s to continue first reading of ordinances Part I and Part II to the November 4, 2009 Council meeting.  Roll Call Vote: Councilor Lemhouse, Jackson, Navickas, Chapman and Voisin, YES; Councilor Silbiger, NO. Motion passed 5-1.


8.   Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards?

Delayed until the November 4, 2009 Council meeting.


1.      Report on League of Oregon Cities Conference

Councilor Jackson shared highlights from the Conference and noted the only vote was to ratify the Board of Directors.  Councilor Navickas added points regarding green infrastructure, certification, and other revenue sources for cities.  Mayor Stromberg noted two measures on the State ballot for corporate taxes and taxing incomes over $350,000 that would generate over $700million out of the needed $2billion if they passed.  The State Speaker of the House encouraged elected officials to go to their communities and actively support both measures. 


2.      Conservation Commission

Councilor Jackson explained the Conservation Commission had taken on three Council Goals, the strategy for avoiding the tier two purchases, input to the water master plan and input to the code changes and incentives for increased energy standards. There was also a vacancy on the Commission.


3.      Ashland Emergency Food Bank

Councilor Jackson noted the Food Bank participated with Rotary First Harvest and planted an organic garden that has generated 3,100 pounds of fresh produce.  The need for food has increased dramatically, currently the Food Bank is serving over a 1,000 people monthly.  Bagley Orchards has arranged to deliver fruit.  The Postal Carrier Food Drive was coming soon and is the main drive that generates cash donations.


4.      Band Committee

Councilor Jackson commented on the band member’s tenure adding as the primary users of the band shell they were discussing painting improvements and a new sound system.  The Lions Club sells ice cream to help raise money for the school band programs in both the middle and high schools.  The Band maintains a large music collection at the schools and shares music and musical instruments with the school band programs.


5.      Ashland Forest Resiliency (AFR)

Councilor Voisin voiced concern and urged the Council to write a letter to the Forest Service demanding they take some form of action regarding the AFR.    


Councilor Voisin motion to write letter a letter to the Forest Service.  Motion died due to meeting time limit.



Meeting was adjourned at 10:30 p.m.





Barbara Christensen, City Recorder                  



John Stromberg, Mayor


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