HomeMy WebLinkAbout2013-0102 Special Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
January 2, 2013
Council Chambers
1175 E. Main Street
7:00 p.m. Special Meeting
1. CALL TO ORDER
II. OATH OF OFFICE: City Councilors Rich Rosenthal, Carol Voisin and Greg
Lemhouse for terms to expire December 31, 2016. Mayor John Stromberg for a
term to expire December 31, 2016.
III. ROLL CALL
IV. UNFINISHED BUSINESS
1. A resolution titled, "A Resolution authorizing the City of Ashland to provide a
city building for a winter shelter one night per week through April, 2013."
V. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
CITY OF
ASHLAND
Council Communication
January 2, 2013, Special Meeting
Consideration of a Resolution for the City of Ashland to Provide
a City Building One Night per Week as a Winter Shelter
FROM:
Lee Tuneberg, Administrative Services/Finance Director/City Administrator Pro Tern,
tuneberl@ashland.or.us
SUMMARY
The Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple)
propose that the City of Ashland partner with them to provide one night per week of winter shelter for
community members in a City-owned building. A draft resolution approving such a partnership is
attached for Council consideration.
BACKGROUND AND POLICY IMPLICATIONS:
In April 2007 Council approved a resolution establishing guidelines, terms and conditions of City
facilities being used as an emergency shelter. Part of the discussion was whether to have a set
temperature as a trigger point or to leave it to the City Administrator's discretion. The adopted
resolution sets 20 degrees as the temperature point at which the City will provide emergency shelter.
RVUUF and Temple have proposed a partnership with the City to make use of a City-owned building
in January, February, March, and April, 2013 to provide one more night of winter shelter per week, in
addition to the two nights per week already being provided at the Episcopal Trinity Church and the
First Presbyterian Church. Among the issues for the Council to consider with respect to this proposal
are the following:
Location and Schedule. The only City-owned buildings potentially feasible for such a winter shelter
are Pioneer Hall, the Community Center, or the Grove. Parks & Recreation, which manages all three
buildings, says Thursday nights at Pioneer Hall would be its preferred option because Pioneer Hall
would be the easiest of the three facilities to make available; Thursdays at Pioneer Hall would have the
least potential impact on current recreational programs and revenue; and Pioneer Hall would be easier
than the Grove for a small number of volunteers to supervise due to its size, configuration, and few
entry/exit points.
Damage to City Property. The City's insurance coverage for damage to its property takes effect only
after $10,000 for repair or replacement costs has been incurred. Staff recommends requiring the
proposers to provide primary insurance coverage for any damage to City property at the shelter during
its operation.
Tort Liability. The City's liability insurance coverage for injury to a person or damage to a person's
property takes effect only after payment of the first $50,000 in a calendar year. (The Oregon Tort
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CITY OF
ASHLAND
Claims Act caps claims for personal injury or property damage at set amounts; the City pays for
insurance coverage up to those amounts, with a $50,000 per year deductible.) Staff recommends
requiring proposers to provide insurance coverage holding the City harmless from and defending the
City against any claims of liability for property damage or personal injury arising from operation of the
shelter.
Injury to Volunteers. Each volunteer must sign a waiver releasing the City from liability before
staffing the shelter. The City will provide waiver forms.
Additional Insurance Costs. CIS estimates the City's additional premium for insurance coverage of
increased risk involved in providing the proposed winter shelter will amount to $5,500 annually,
assuming no change to the $10,000 and $50,000 deductibles discussed above and no workers comp
coverage for volunteers, and assuming the insurer approves the volunteer training program and is
satisfied that all active volunteers have received such training. The Council may want to consider
asking the proposers to pay a portion of the increased insurance costs. Insurance costs would need to
be reevaluated if the proposal changes, for example, to expand times, include serving meals, provide
showers, or add other services or facilities.
Land Use Implications. Using a City building as a regularly scheduled shelter could be challenged as
a change of use that requires a formal land use action. Legal and Planning have not yet reached
conclusions about this potential issue.
Utilization. Reports from the existing Ashland shelters indicate some nights as few as 3 or 4 persons
being served, while other times especially during "emergency shelter nights" as many as 20
people show up. Specifically, responses to the question "How many people have been utilizing the
weekly Monday and Wednesday night shelters?" were as follows:
1. "We (Trinity) had 11 people yesterday (Dec. 199), the week before 7 and 5 the week before. We are
using all the same rules as First Pres. We allow dogs. More people come for something warm to eat or
drink and then leave. We have had no behavioral problems or difficulties of any kind."
2. "[T]he log is at the church (First Presbyterian) The overnight guest numbers were something like 9 -
3 - 3 - 5 -7. Similar to Trinity, there are some who come by and check things out, play the piano, have
something hot to drink and leave... We have hosted someone with notable mental illness. Not scary, but
a bit of a concern and noisy in the night." Also reported: "On average, the shelter nights were utilized by
14 people a night in 2012, though there were two nights where there were over twenty people. Last
shelter cycle (November 2011-April 2012), there were six emergency shelter nights where the
temperature was 20 degrees or below in addition to the regular Sunday night shelters."
Dogs. Parks & Recreation does not allow dogs in the buildings it manages. When the City provides
emergency shelter at Pioneer Hall pursuant to 2007-11, guests are required to leave dogs outside.
Recommendations from Risk Management. Risk Management for the City recommends the
following precautions:
• Separate men, women, families
• Obtain Fire marshal approval for overnight accommodations
• Have each guest sign waiver and agreement to rules
• Establish emergency plan and provide training on implementation
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CITY OF
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• Establish a plan for managing mental health issues and training on implementation
• Establish emergency communications procedures and training on implementation
• Provide secure place for guest belongings
• Provide secure storage for any equipment or supplies, such as first aid devices
• For each shelter night, at least one male volunteer and one female volunteer. An additional
male volunteer necessary when more than 10 male guests are present.
• Do not open or remain open if fewer than the required number of trained volunteers are present
Options. Some of the potential options in regards to the current proposal are:
1. Take no action, leaving in place the provisions for emergency shelter in Resolution 2007-11.
2. Reject the proposal but consider alternatives, such as financial support for transporting persons
in need to facilities in Medford providing such services.
3. Approve the draft resolution, with any modifications Council wishes.
Options 2 and 3 above warrant some additional investigation that staff has not been able to complete as
of the submittal of this Council Communication. Some additional pertinent information may be
available for the January 2 special Council meeting.
FISCAL IMPLICATIONS:
The anticipated direct costs for providing a facility and utilities are thought to be minimal, although
insurance costs will increase as described above, and Parks may experience some loss in revenue if
there are conflicts in scheduling. The most significant fiscal implications are potential repair costs and
the risk of liability for personal injuries to guests or volunteers.
STAFF RECOMMENDATION AND REOUESTED ACTION:
N/A
SUGGESTED MOTIONS:
I move to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city
building for a winter shelter one night per week though April, 2013."
ATTACHMENTS:
Draft Resolution
RVUUF/Temple Emek Shalom Proposal
Resolution 2007-11
Minutes from April 3, 2007, Council Meeting
Staff council communication from April 3, 2007
Page 3 of 3
RESOLUTION NO. 2013-
A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO
PROVIDE A CITY BUILDING FOR A WINTER SHELTER ONE NIGHT
PER WEEK THROUGH APRIL, 2013
RECITALS:
A. Ashland provides for emergency shelter housing in extreme weather through Resolution No.
2007-11. The resolution provides terns and conditions and policies for doing so when
temperatures drop to 20 degrees or below.
B. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom
(Temple) have proposed to partner with the City of Ashland to provide a City building for
shelter for community members one night per week from January through April, 2013,
regardless of the temperature.
C. The proposal includes RVUUF and the Temple providing trained volunteers to staff, manage
and clean the shelter.
D. The City is willing to provide a building one night a week on a temporary basis to
accommodate the proposal in accordance with the provisions below.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Provision of a Shelter.
Ashland will provide shelter one night per week under the terms and conditions set forth herein.
SECTION 2. Terms and Conditions.
a. This is a temporary solution for the period January through April, 2013.
b. RVUUF and Temple will, jointly or severally, obtain, maintain and provide primary and
non-contributory insurance, with subrogation waived, covering damage to City property
during shelter hours and holding the City harmless from and defending the City against
any claims that arise from operation of the shelter or use of the City's building. Prior to
staffing a City-owned facility, volunteers must sign a waiver releasing the City from
liability for any personal injuries to them.
c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to
staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation
Department written assurance that every volunteer who will staff the shelter is certified to
have completed appropriate training on the emergency plan, mental health plan and
emergency communications for the shelter and has passed criminal background checks.
d. Each night of operation of the shelter, at least one male volunteer and one female
volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. An additional male volunteer
will be required when more than 10 male guests are present. More volunteers may be
required by the City depending on the building to be used. If the minimum number or
qualified volunteers are not available for the entire time, the shelter will not be opened
that night.
Resolution No. 2013- Page 1 of 3
e. Shelter occupancy will be limited to 25 guests on a first come, first serve basis.
f Shelter will open at 8:30 p.m. and close the following morning at 8:00 a.m. Doors will
be locked at 10:00 p.m. with no re-entry for any that leave.
g. City insurance requires separate sleeping space be designated for single men, women and
families. Appropriate signage must be displayed that warns against children being left
alone. Buildings must have separate restrooms for men and women.
h. Ashland Parks & Recreation will identify the building to be used and provide access.
The priority from an operational and safety perspective is Pioneer Hall, the Community
Center and the Grove, in that order.
i. No showers or food service will be made available during the hours of operation.
SECTION 3. Shelter Policies.
Operation of the shelter shall, to the greatest extent feasible, comply with the following
guidelines:
a. Shelter services must be provided with dignity, care, and concern for the individuals
involved.
b. The buildings used as a shelter will comply with City, County and State Building, Fire
and Health Codes, unless exemptions have been obtained from the appropriate agencies,
and must be maintained in a safe and sanitary condition at all times.
c. Upon entering the shelter facility each night, each guest must sign an agreement
committing to comply with shelter rules, absolving the City and volunteers of any
responsibility for the security of the guest's personal property, and releasing the City and
volunteers from all claims of liability for property damage or personal injury arising from
operation of the shelter or use of the City's building.
d. No cooking. Kitchen facilities are to be secured and access is prohibited.
e. No drugs, alcohol, weapons or pets will be allowed in the shelter property at any time.
f. No disorderly conduct will be tolerated.
g. No threatening or abusive language will be tolerated.
h. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc.
i. Smoking will be restricted to the outdoors in designated areas.
j. All guests should maintain their own areas and belongings in an orderly condition.
k. If a volunteer/staff member accepts any item from a guest for safe keeping at least one
other volunteer/staff member will witness the transaction.
1. Failure to comply with shelter policies may disqualify a guest(s) from future stays.
m. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure
a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning before
closure at 8:00 a.m.
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this day of January, 2013, and takes
effect upon signing by the Mayor.
Barbara Christensen, City Recorder
Resolution No. 2013- Page 2 of 3
SIGNED and APPROVED this day of January, 2013.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2013- Page 3 of 3
Winter Shelter Partnership Proposal
Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom request a
partnership with the City of Ashland to provide one more night of shelter for community
members who need a warm, dry place to sleep. This partnership is proposed for the months of
January through April, 2013.
The community members of RVUUF and Emek Shalom will provide the trained volunteers and
resources to staff the shelter. Each congregation has enrolled committed volunteers to provide 2-
3 trained shelter hosts per night (minimum 1 male and 1 female). Shelter host will receive
training in expected behavior of guest and hosts, strategies for managing difficult guests, and how
and when to call for help. Shelter hosts will provide the resources required to operate the shelter.
Shelter hosts will be responsible for cleaning and leaving the space in proper order for the next
use.
The request asks for the use of either: The Community Center, Pioneer Hall, or The Grove on
either Tuesdays or Thursdays nights. The shelter will open at 8:30 P.M. and close the following
morning at 8AM. Provided the Grove is available after 8 PM on Thursdays, we propose using the
Grove beginning at 8:30 on Thursday nights as the first option. The cooperation of the Parks
Department in determining the most viable location and night is respectfully requested. The
current shelter needs exist on Tuesdays, Thursdays, Fridays, Saturdays, and Sundays.
The shelter will be provided for up to 25 guests on a first come, first serve basis. The shelter will
be run as an alcohol and drug free zone. No smoking allowed in the shelter. No one admitted after
9 PM, unless accompanied by police or social service representative. Shelter guests who chose to
leave, will not be allowed reentry after 10 PM. Disruptive guests will be asked to leave. All guest
to be out of the shelter by 7:30 AM. Failure to comply with shelter policies may disqualify guests
from future stays.
When considering this partnership, please understand that there is also the cost associated with
not providing shelter. The Journal of American Medical Associations cites studies showing the
costs to the rest of the community for not providing shelter. The costs to hospital in patient care,
emergency room care, psychiatric care, ambulance, detox, and law enforcement, far exceed the
cost of providing the shelter. The growing body of evidence suggests that it is more cost-effective
to provide individuals with supportive housing and shelter than it is to allow these individuals to
remain on the streets where they may require expensive pubic services.
With great appreciation, we submit to the City of Ashland for your consideration this offer to
partner with our interfaith coalition.
Rev. Leslie Becknell Marx, Rogue Valley Unitarian Universalist Fellowship
Rabbi Joshua Boettiger, Temple Emek Shalom
John Wieczorek, Rogue Valley Unitarian Universalist Fellowship
RESOLUTION NO. 2007-
A RESOLUTION SETTING FORTH POLICIES AND
CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE
EXTREME WEATHER RELATED EMERGENCY SHELTER
HOUSING
Recitals:
A. Ashland is located in an area that has four distinct seasons and the winter
season can have weather extremes that can be hazardous to persons without adequate
shelter.
B. The City of Ashland desires to set forth the conditions under which it will provide
emergency shelter housing and the policies related to those staffing or utilizing such
emergency shelter.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Provision of Emergency Shelter.
Ashland will provide emergency shelter undenthe terms and conditions set forth herein
during times of extreme weather conditions. For purposes herein, weather conditions
shall be considered extreme when outside temperatures are 20° F. or below or a
combination of weather conditions, in the discretion of the city administrator, make
conditions hazardous to human life without adequate shelter.
SECTION 2. Terms and Conditions.
1) In the event of the need for an emergency shelter during extreme weather, the use
of Pioneer Hall or other available city-owned building may be used. Previously booked
groups in those locations may be subject to cancellation.
2) The shelter will be staffed by volunteers from nonprofit organizations or other
organizations in the business of providing for the needs of persons. The city's
insurance company requires organizations providing volunteers to provide a letter to the
City of Ashland stating that all shelter volunteers have received appropriate training to
staff a shelter and have passed criminal background checks.
3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may
leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after
9:00 p.m. will not be admitted unless brought to the shelter by a police officer. All
guests must vacate the shelter no later than 8:00 a.m. the following morning.
4) Insurance requires that separate sleeping space be designated for single men,
single women and families. Appropriate signage must be displayed that warns against
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children being left alone. Buildings must have separate restrooms for men and women.
5) The shelter will contain an emergency box containing a first aid kit. Pioneer Hall
does not have a telephone and shelter volunteers should bring their own cell phone in
case of an emergency.
SECTION 3. Emergency Shelter Activation.
Provisions for emergency shelter will be activated as follows:
1) City Administrator or designee determines that weather conditions constitute
"extreme" and when he/she makes such determination they will contact the City's CERT
Coordinator.
2) The CERT Coordinator will contact the Parks and Recreation to determine which
facility or facilities will be used as emergency shelter.
3) The CERT Coordinator will contacts designated representatives from volunteer
organizations to arrange for staff volunteers at the shelter.
4) Volunteers and guests are responsible for following the same cleaning requirements
as other groups.
SECTION 4. Emergency Shelter Policies.
Operation of the emergency shelters shall, to the greatest extent feasible, comply with
the following policy guidelines:
1) Shelter services must be provided with dignity, care, and concern for the individuals
involved.
2) The buildings used as a shelter will comply with City, County and State Building, Fire
and Health Codes, unless exemptions have been obtained from the appropriate
agencies, and must be maintained in a safe and sanitary condition at all times,
3) In all Shelters, there should be adequate separation of families and singles, and
adequate separation of single women.
4) No drugs, alcohol, or weapons will be allowed in shelter property at any time.
5) No disorderly conduct will be tolerated.
6) No threatening nor abusive language will be tolerated.
7) No excessive noise will be tolerated, e.g. loud radios etc.
G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0306\DONE\RESO - Emergency
Shelter.doc Page - 2
8) Smoking will be restricted to the outdoors in designated areas.
9) All guests should maintain their own area in an orderly condition and may be
assigned other responsibilities or tasks at the shelter.
10)There should be definitive arrival, check-in/check-out times, and restrictions on
staying in the area of the Shelter.
11)There should be at least two shelter volunteers on-site at all times when guests are
there.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resol 'on was read by title only in accordance with Ashland Municipal Code
§2.04.0 duly PASSED d ADOPTED this 3 day of 2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~/day of 2007.
Jo n W. Morrl on, Mayor
Revi ed a
Azu" chael . Fr ell,, City Attorney
GArecorder\City Council Packets\Packet Files\2006-2007\2007-0306\DONE\RESO - Emergency
Shelter.doc Page - 3
ASHLAND CITY COUNCIL MEETING
APRIL 3, 200;
PAGE 8 of 9
Councilor Hartzell/Silbiger m/s to approve Ordinance #2937 with Option #1. Roll Call Vote: Councilor
Navickas, Silbiger, Hartzell, Chapman, Hardesty and Jackson, YES. Motion passed 6-0.
Councilor Chapman/Hartzell m/s to authorize the Fire Department to investigate collecting fees for
burning permits. Roll Call Vote: Councilor Chapman, Jackson, Silbiger, Hartzell and Hardesty, YES.
Councilor Navickas, NO. Motion passed 5-1.
UNFINISHED BUSINESS
1. Emergency Shelter Policy.
Management Analyst Ann Seltzer presented the resolution which sets forth the policies and conditions under
which the City would open an emergency shelter due to extreme weather. She explained the policy would
provide for anyone who needed emergency shelter. Ms. Seltzer stated the Congregational Church would
provide the staffing for the shelter, however the City's insurance company has required that documentation be
provided that indicates the staff has received training in the staffing of emergency shelters.
Comment was made questioning the policy of locking the doors at 9 p.m. and suggestion was made for the
Council to provide direction to Police Department that whenever they need to escort someone to the shelter,
that they are acting as a "peace officer".
Councilor Hartzell/Navickas m/s to approve Resolution #2007-11. DISCUSSION: City Administrator
Martha Bennett clarified that the nights the City would need to open the shelter are nights where events would
typically be cancelled and does not believe this language will create a conflict. Suggestion was made to leave
the opening of the shelter to the City Administrator's discretion instead of listing a specific temperature;
however, support for voiced for retaining the temperature requirement in the resolution. Roll Call Vote:
Councilor Silbiger, Hardesty, Hartzell, Jackson, Navickas and Chapman, YES. Motion passed 6-0.
2. A Resolution Supporting HB 2761. (Brought forward by Pam Vavra)
Councilor Hartzell/Hardesty m/s to approve Resolution #2007-13. DISCUSSION: Councilor Silbiger
voiced his preference to have had this item listed on the agenda and noticed so thatthe public could have been
given an opportunity to comment. Comment was made that if the motion does not pass, that this resolution be
placed on the next available agenda. Roll Call Vote: Councilor Navickas, Hardesty, Hartzell, YES.
Councilor Silbiger, Jackson, and Chapman, NO. Mayor Morrison, YES. Motion passed 4-3.
2. Tripartite Housing Committee Report
Delayed due to time constraints.
3. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC 3.08.020 To
Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials"
Delayed due to time constraints.
NEW AND MISCELLANEOUS BUSINESS
1. Community Development Planning Organizational Review
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Revision of City Council Rules
Delayed due to time constraints.
CITY OF
Council Communication ASHLAND
Emergency Shelter Policy
Meeting Date: April 3, 2007 Primary Staff Contact: Ann Seltzer
Department: Administration Email: Ann@ashland.or.us
Contributing Departments: Legal, Fire, Police and Parks Secondary Staff Contact:
Approval: Estimated Time: 15 minutes
Statement:
The City of Ashland does not have a policy on providing shelter during extreme weather. City staff
was asked to research the issue, identify opportunities and challenges of providing a shelter and to
bring to the city council a draft policy.
The attached resolution was developed based on requirements from the city's insurance company,
guidelines used by the Congregational Church and input from police, fire, parks and legal.
Staff Recommendation:
Adopt the proposed resolution.
Background:
Ashland does not have a site identified as an emergency shelter during extreme weather. When
possible, the Congregational Church has provided shelter during extreme weather conditions but is not
always able to do so.
In January, the city was asked to provide shelter space and the church offered to provide shelter staff.
Pioneer Hall served as the shelter and volunteer shelter staff reported that the location worked well for
the people who used the shelter.
Council Options:
• Approve the draft resolution.
• Approve the draft resolution with changes.
• Provide new direction to staff.
Attachments:
• Draft Weather Related Emergency Shelter Resolution
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