MINUTES FOR THE REGULAR MEETING
June 21, 2011
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present.
Mayor Stromberg announced vacancies on the Forest Lands Commission, the Planning Commission, the Tree Commission, and the Audit Committee.
City Administrator Martha Bennett announced the Parks and Recreation Commission would meet with the Oregon Shakespeare Festival (OSF) June 22, 2011 to consider a request that would allow OSF to relocate Bowmer Theatre performances to Lithia Park during repairs to that theatre.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of June 6, 2011, Executive Session of June 7, 2011 and Regular Meeting of June 7, 2011 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None)
1. Will Council approve two intergovernmental agreements to finance, through the Fund Exchange program, the overlay of two city streets?
2. Shall Council approve the resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on May 17, 2011 and Mayoral Proclamation?
3. Will Council approve a $5418 amendment to the existing contract with Hardy Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project?
4. Should Council approve the reappointments of Linda Butler and Doug Gentry and new appointment of Alan DeBoer, as recommended, to the Board of Directors for the Ashland Community Hospital?
5. Does Council wish to approve a Liquor License Application from Kelly Hay dba Key of C Coffeehouse & Bakery at 116 Lithia Way?
6. Does Council wish to approve a Liquor License Application from Paul Newcombe dba Ashland Shell at 2495 Ashland Street?
7. Will Council, acting as the Local Contract Review Board, approve the multiple contract awards for Water Treatment Plan and the Wastewater Treatment Plant chemicals for a term of one year beginning July 1, 2011 and expiring June 30, 2012?
8. Does Council wish to approve the tentative agreement for a labor contract re-opener that staff has reached with the IBEW Clerical/Technical Union?
9. Does Council wish to approve a resolution clarifying certain conditions of employment for Management and Confidential Employees repealing Resolution No. 2010-20, and adopt a resolution amending the pay schedules for Management and Confidential employees?
Councilor Voisin requested Consent Agenda items #3 and #9 be pulled for discussion.
City Administrator Martha Bennett added the appointment of Sandy Theis to the Ashland Community Healthcare Services Board of Directors at the request of the Ashland Community Hospital to Consent Agenda item #4. Ms. Theis’ term would begin July 1, 2011 and end June 30, 2015.
Councilor Slattery/Lemhouse m/s to approve Consent Agenda absent items #3 and #9. Voice Vote: all AYES. Motion passed.
Engineering Services Manager Jim Olson explained the amendment for the Hardey Engineering contract was an additional request by the City not in the original scope of services. Staff will bring Council amendments on contracts where the City has asked for additional work or when something unforeseen happened. The City will deny any request for more pay from contractors for additional work the City did not know of or approve prior.
Councilor Voisin/Chapman m/s to approve item #3 on the Consent Agenda. Voice Vote: all AYES. Motion passed.
City Administrator Martha Bennett confirmed department budgets would absorb salary increases for Fiscal Year 2011-12 but will be in the Budget for personnel the following year.
Councilor Voisin/Slattery m/s to approve Consent Agenda item #9. Voice vote: all AYES. Motion passed.
1. Will Council approve a resolution titled, “A Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 10-12” as recommended by the Airport Commission?
City Engineer Jim Olson explained the Airport Commission analyzes rates and fees annually and this year’s agreement would make the airport self-sustaining. The Federal Aviation Administration (FAA) and State Department of Aviation fund most of the airport improvements and maintenance. Councilor Silbiger added the City could make more money by building additional hangars.
Public Hearing Open: 7:23 p.m.
Public Hearing Closed: 7:23 p.m.
Staff explained the lease stated lessees do not receive compensation for City performed maintenance. However, when a contractor exceeds their contract time they could incur liquidated damages assessed at $2,000 per day. Money collected would go into the Airport Fund unless otherwise directed by Council. The current contractor, Knife River had exceeded their time by two days.
Councilor Silbiger/Slattery m/s to approve Resolution #2011-19. Voice Vote: all AYES. Motion passed.
2. Will Council approve the Interim Special Event Fees listed below and adopt the Resolution?
Management Analyst Ann Seltzer explained staff lowered interim fees and made a distinction between events with entry fees and no entry fees. These Fees would cover City staff overtime for event set-up and clean up. Two corrections to the draft resolution changed the fee for an event lasting less than 4 hours from $750 to $700 and the word “no” was added to Small Event less than four hours “no” Entry Fee.
City Administrator Martha Bennett further explained higher fees would deter smaller events from happening.
Council had concern regarding events that were previously charged fees where no City staff was required, wanted to ensure recycling was included in the application and there was a distinction between City and non-City sponsored events.
Public Hearing Open: 7:39 p.m.
Public Hearing Closed: 7:39 p.m.
Councilor Slattery/Lemhouse m/s to approve Resolution #2011-22 as amended.
Councilor Chapman/Voisin m/s to amend motion to add in Table 1 a new entry called Basic Event for $150 defined by little or no assistance from the staff. Voice Vote: all AYES. Motion passed.
Voice Vote on Main Motion: Councilor Slattery, Morris, Lemhouse, Voisin and Chapman, YES; Councilor Silbiger, NO. Motion passed 5-1.
Staff based fees on City staff overtime and not the number of participants. Large events were anything that required more than 4 hours of City staff time and small events less than 4 hours. Staff would meet with event organizers and advocate groups and anticipated a draft ordinance before the spring of 2012.
PUBLIC FORUM - None
1. Does Council have questions regarding the report of the Police Chief on crime in Ashland and use of force by the Ashland Police Department?
Police Chief Terry Holderness explained during 2010 the Police Department used force 20 times, 17 were the lowest level of force. The other three times required a higher level of force. Two consisted of long drawn out fights involving several officers and highly intoxicated suspects resisting arrest. The third subject received a dog bite by a Medford Police Department canine assisting the Ashland Police Department with a search. Five suspects claimed minor injuries that did not require medical treatment. The suspect bit by the dog received treatment at the hospital prior to booking. Of the officers involved, five received injuries that required medical treatment. Three injuries were minor and two required multiple treatments. The majority of suspects requiring use of force were under the influence of alcohol, narcotics, or a combination of both. All Police Officers received a minimum of 25 hours training on use of force throughout 2010. Ashland Police Department did not use Tasers in 2010 and officers always warn subjects prior to using one. Officers arrested 1,800 in 2010, issued approximately 2,700 citations, took over 100 people to the Sobering Center, and conducted 50 mental health screenings.
The Federal Bureau of Investigation developed part one crimes to track crimes nationally in the 1930s and it did not include newer crimes like identity theft. Ashland experienced a 4% decrease in part one crime in 2010, down 23.6% since 2008. The index rate used was crime incidents per 1,000 residents. The national average was 34 crimes per 1,000 individuals, in Ashland it was slightly over 27 per 1,000. Additionally the national average of violent crimes was 4.3 per 1,000 and Ashland was 1.1 per 1,000.
Clearance rates indicate the number of solved crimes. The national average for clearance rates is 22%. In 2010, Ashland was 34%.
The most significant crime in Ashland was sexual assaults. There were 9 raised to the legal definition of rape totaling 28 sexual assaults reported. This amount decreased in 2010 but statistics were not reliable since only a small percentage was reported. The Police Department used the limited resources available for education and programs. There was a rise in armed robberies, 4-5 in both 2010 and 2009.
Chief Holderness explained street disorder could be part two or part three crimes and over the past two years, complaints relating to disorderly conduct increased 20%. Most complaints generated for disorderly conduct were incidences that did not violate Oregon State Law. The Police would mediate or create an environmental fix but were ultimately restricted when someone was doing something they had the constitutional right to do and it bothered someone else.
Council commented not all the issues with disorder in the downtown area related to homelessness and the Homelessness Steering Committee would not be able to address them. Alternately, the Homelessness Steering Committee received several requests for more police presence in the plaza area and Pioneer and East Main streets.
Chief Holderness explained mental health issues in Ashland were higher than the national average and all employees in the Police Department received crisis intervention training. The most frequent crime committed in Ashland was theft from vehicles and that decreased in 2010.
Council noted the importance of supporting the Police Department and community actively reporting crimes, suspicious behavior, and public disruptions.
2. Does Council have any questions regarding the AFN 2011 Annual Report?
IT Director Rob Lloyd explained the 2010-2013 allocated capital spending was three times higher than the previous 4 years. The budget would support core needs but not provide fiber to premise or home and AFN needed to maintain services and gain speed efficiencies. In less than four years, internet speed would be insufficient and there will be more capital need.
There were two options proposed for cable television but the challenge was the customer base continuing to erode as more switched to wireless internet. In the new contract the customer will pay for the cost of AFN rendering the service and it was higher than what they had paid in the past. The goal was to ensure AFN and the City did not subsidize that business. Option two was harvest the backend until television was gone or pair up with dish providers to offer services in tandem.
Public education government (PEG) fees also declined nationally and the iteration of how public television will exist was undefined at this time. Customers were becoming more internet based and no longer doing subscriptions. City Administrator Martha Bennett added PEG fees were on customer’s bills whether they subscribed to AFN or Charter Cable.
Mr. Lloyd explained the master contract was delayed due to staff turnover in the Legal Department but Legal was in the process of reviewing the draft. AFN had met nine of their 19 performance objectives. Eight were on target or ahead of schedule and two incomplete.
Council discussed hiring an additional staff person or working out a support system with a vendor. Collaborating with a vendor would gain customers by expanding the business. Other comments included the importance of having a knowledgeable person assist Council with decisions regarding AFN.
Council directed staff to research having AFN or hiring a vendor to provide service that would allow the City to expand AFN directly to customers.
3. Will Council approve findings supporting their prior decision approving, with conditions, ODOT’s request to extend City water and sewer services outside of the urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area?
Public Works Director Mike Faught explained Council approved extending water and sewer services to the Welcome Center and Rest Area with the following conditions:
· That water use from the City of Ashland was limited to potable use only, no irrigation.
· The City would execute an intergovernmental agreement (IGA) prohibiting water and sewer services until the Welcome Center and Rest Area construction was complete and staffing funded.
· There was a 4-year time limit to begin construction from that approval.
· The facility contained an Oregon Police substation.
Council had further directed staff to testify at the Jackson County hearing and on May 11, 2011 Mr. Faught presented these conditions to the Jackson County Board of Commissioners during their Public Hearing.
The next step was Council approving the final order outlining the authority to make this decision.
Interim City Attorney Doug McGeary explained a lawsuit was filed since the April 19, 2011 but the Findings were secure and based on the decision of the Council.
Mr. McGeary read two changes aloud regarding the four-year limit to complete construction and water use as non-irrigation instead of potable. With changes, the paragraph read, “Approval of ODOT’s application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited to non-irrigation use only and adequate funding for maintenance and staffing with a four year limit to complete said development.”
Councilor Morris/Slattery m/s to approve the order which approves, with conditions, and the revisions, ODOT’s application to extend water services outside of the urban growth boundary (UGB) as amended. Roll Call Vote: Councilor Silbiger, Slattery and Morris, YES; Councilor Chapman, Voisin and Lemhouse, NO. Mayor Stromberg broke the tie vote with a YES. Motion passed 4-3.
Councilor Lemhouse and Chapman explained they voted against the Findings because they did not agree that it was beneficial to the City of Ashland.
4. Does Council wish to adopt the findings to formalize the Council’s decision on the 260 First Street appeal (PA 2010-01611)?
Council and the Mayor had no conflicts of interest or ex parte to declare.
Councilor Silbiger/Lemhouse m/s to adopt Findings on the 260 First Street appeal as presented. Roll Call Vote: Councilor Silbiger, Morris, Slattery, Chapman, Voisin and Lemhouse, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS – None
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Will Council hold Second Reading of an ordinance titled, “An Ordinance Levying Taxes for the Periods of July 1, 2011 to and Including June 30, 2012, Such Taxes in the Sum of $9,997,229 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon”?
Councilor Slattery/Lemhouse m/s to approve Ordinance #3049. Roll Call Vote: Councilor Voisin, Slattery, Chapman, Morris, Lemhouse and Silbiger, YES. Motion passed.
Meeting adjourned at 8:49 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor