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HomeMy WebLinkAbout2015-0504 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, May 4, 2015 Siskiyou Room, 51 Winburn Way 5: 30 p.m. Study Session 1. Public Input (15 minutes maximum) 2. Look Ahead review 3. Options for rehabilitation of the Pioneer Mike statue 4. Discussion of City Recorder compensation and Charter amendment 5. Discussion of quorum requirements for boards and commissions 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 I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City of Ashland Council Meeting Look Ahead *****THIS IS A DRAFT AND SUBJECT TO CHANGE***** Departments SS SS SS cc SS CC VOL SS CC SS cc NJ !i SS CC SS cc S.S cc Responsible 5118 6119 6/1 612 6116 6116 716 717 ~7120: 7121 $13 814 8117 8118 8130 8131 911 9114 9115 cc cc 5118 Stud Session in Siski ou Room. 518 1 Age-friendly and healthy communities (request of Councilor Admin SS Seffin er 2 Discussion of Housing Trust fund (request of Councilor Marsh Admin SS 5/19 Regular Council Meeting 5/19 3 Annual presentation b the Wildfire Mitigation Comm John Fire PRES 4 Annual presentation b Mike Cavallaro re: RVCOG Dave Admin PRES 5 Approval of Banking Services 5 -year contract Barbara Recorder CONS Request by SO Birth Connections to hang a banner across E. Main Admin g CONS Street Diana 7 Approval of public art painting of utility boxes Ann Admin CONS Public hearing on miscellanous fees and charges (Lee) Finance PH $ RES 9 IGA with ODOT re Welcome Center Dave L. Legal UNFIN 10 Quarter) financial report Lee Finance NEW Ordinance authorizing the City Council to establish parking fines Finance 11 ORD-2 Lee 6/1 Stud Session in Siski ou Room 6/1 Discussion of Cascade SiskiYou Monument (request of Councilor Admin 12 SS Marsh 612 Regular Council Meeting 6/2 13 Annual presentation b the Band Board Admin PRES Annual Approval of City of Ashland Employee Health Benefits Plan HR 14 CONS Tina 6115 Stud Session in Siski ou Room 6115 6116 Regular Council Meeting 6116 7/6 Stud Session in Siski ou Room 716 717 Regular Council Meeting 7/7 15 Annual risk management report Lee Finance NEW 16 Annual sweatshop-free purchasing report Lee Finance NEW 7/20 Std Session in Siski ou Room 7/26 7121 Regular Council Meeting 7/21 17 Annual presentation b the Forest Lands Commission Chris Fire PRES Page 1 of 2 4129/2015 City of Ashland Council Meeting Look Ahead *****THIS IS A DRAFT AND SUBJECT TO CHANGE***** Departments i Responsible I 7121 813 814 1118 1 8131 911 9114 9115 cc. 8/3 Stud Session ire Siski ou Room 813 8/4 Regular Council Meeting 8/4 8/17 Stud Session in Siski flu Room 8/17 8/13 Regular Council Meeting 8/18 18 Annual Presentation b the Conservation Commission Adam Admin - 8131 Stud Session in Siski ou Room $131 9/1 Regular Council Meeting 9/1 9/14 Stud Session in Siski ou Room 9/14 9/15 Regular Council Meeting 9115 19 Annual presentation b the Airport Commission Mike PW PRES 20 U date of Financial Policies/Accounting Methodologies Lee Finance NEW Commission Presentation Dates - 2015 February 17 - Transportation Commission March 17 - Tree Commission April 21 - Historic Commission May 19 -Wildfire Mitigation Commission June 2 - Band Board Jul 21 - Forest Lands Commission August 18 - Conservation Commission September 15 - Airport Commission ffj October 20 - Public Arts Commission November 17 - Housing and Human Services Commission December 15 - Planning Commission o Be S'c salad Two Ordinances re: Normal Neighborhood Discussion of Class & Com ensation stud (request of Councilor Voisin Update of franchise agreements resolution Page 2 of 2 4/29/2015 CITY OF ASHLAND Council Communication May 4, 2015, Study Session Options for rehabilitation of the Pioneer Mike statue FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Pioneer Mike statue (commonly referred to as "Iron Mike") was seriously damaged in October, 2014, when someone climbed up on the Carter Memorial Fountain in the plaza and broke off the statue's right hand and rifle. The statue was removed from the fountain in late October so staff could evaluate repair options. At that time, staff discovered other damage and deterioration to the statue that could require very costly remediation. Because the statue is on the National Historic Register as a primary contributing structure to the downtown historic district, staff hired local historic preservation consultant George Kramer to advise us on what our options are, since anything we do will have to comport with state historic preservation rules. Mr. Kramer recommends replication rather than repair. He will attend the study session to answer the Council's questions. BACKGROUND AND POLICY IMPLICATIONS: After it was damaged by vandals in October, 2014, Public Works staff removed the Pioneer Mike statue from the plaza to assess options for repairs. The options, however, are not good. The statue is made of zinc alloy, a material that virtually no one works with any longer, and the spot from which the hand and rifle were broken off is the same spot that had previously been damaged and repaired in 2001. Re-repairing the same spot will be difficult if not impossible. In addition, after removing the statue from its perch, staff discovered numerous other cracks and defects. This raises multiple concerns. First, we are concerned about the structural integrity of the statue as a whole. We believe that when the vandal climbed up on the fountain in October, had they given the statue a good shove, they might have destroyed it completely. We don't want to put the statue back on the fountain until or unless we are certain that it has been fully repaired. Second, we are concerned that, given the age of the statue (over 100 years old) and the material used to create it, the statue cannot be adequately repaired. This situation is further complicated by the fact that the Carter Memorial Fountain (including the Pioneer Mike statue) is on the National Register of Historic Places as a primary contributing structure to the Downtown Historic District. Therefore, anything we do will have to comport with state historic preservation rules. Staff hired local historic preservation consultant George Kramer (Kramer & Co.) to evaluate our options. (Any solution the City chooses must be approved by the State Historic Preservation Office.) Mr. Kramer's report identifies two paths forward. One is to repair the damage, at an estimated cost of $35,500. The other is to replicate the statue in a more durable material at an estimated cost of $47,000; Page 1 of 2 CITY OF ASHLAND an option that would likely require structural improvements to the Carter Memorial Fountain at an estimated cost of $6,000 (plus $3,000 for a security camera if desired). Neither staff nor Mr. Kramer support the repair option. Kramer's report states, "Left outside and exposed to the elements, it is only a matter of time before the statue will become so deteriorated or so damaged, that restoration and continued exterior display will become unlikely if not impossible." The report goes on to state, "...it is my professional recommendation that the City of Ashland replicate Pioneer Mike in a durable material, preferably cast bronze, based upon an original mold, and place this replica atop the rehabilitation base of the Carter Memorial Fountain." (Emphasis contained in original report) COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The Pioneer Mike damage was accepted by our insurance carrier (City/County Insurance Services) as a property damage claim, however the policy will pay only $8,500, which is the amount the insurer has deemed necessary to do a basic repair. An additional $10,000 is required for the deductible on the policy, which will be paid out of the Insurance Fund. Funding for the balance of the work is proposed in the BN 2015-17 budget in an amount sufficient to do replication, fountain rehabilitation and a security camera. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff strongly supports Mr. Kramer's recommendation for replication rather than repair. Staff seeks Council direction to proceed with that option pending approval and adoption of the BN 2015-17 budget as proposed. SUGGESTED MOTION I move to direct staff to proceed with the replication option for the Pioneer Mike statue pending approval and adoption of the 2015-17 biennial budget as proposed. ATTACHMENTS: Pioneer Mike History and Options for Rehabilitation, prepared by George Kramer, Kramer & Company Page 2 of 2 PW ,VjA i I "PIONEER MIKE:" THE CARTER MEMORIAL FOUNTAIN, ASHLAND, OR HISTORY AND OPTIONS FOR REHABILITATION j 3 3e. yafr~. v ~ i - ERIC ZU!''I"i I Carter Memorial Fountain, topped by Pioneer Mike, on the Ashland Plaza, 1910, shortly after dedication SOHS Image #28294 for the City of Ashland, Oregon Prepared by George Kramer, M.S., HP Kramer & Company, Ashland i i April 2015 Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 I "That the thirst of the city may again be assuaged" Ashland Tidings, July 1915 1 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 EXECUTIVE SUMMARY j i The Carter Memorial Fountain, a gift to the city from the children of Henry B. and Harriet H. Carter, founders of the Bank of Ashland, has graced the Plaza since its dedication on October 1, 1910. Designed and fabricated by the J. L. Mott Iron Works, of New York, the Carter Fountain and the statue (known as Pioneer Mike) that surmounts it, are historically j significant and add considerably to the character of downtown Ashland. The Carter Memorial Fountain is listed on the National Register of Historic Places, a primary contributing feature of the Ashland Downtown Historic District. In October 2014 the latest in a series of vandalism episodes resulted in the breakage of the statue's arm and rifle. Pioneer Mike was removed from the Plaza by city crews and placed is storage at the Public Works Warehouse, pending a determination of the best options for rehabilitation. Made of east-zinc, Pioneer Mike is a fragile work of art due to the inherent character of the material, exacerbated by more than a century of exposure and prior damage. As previous efforts of repair have demonstrated, the statue is increasingly difficult to repair; previously damaged areas create weak points that continue to "re-break" under even moderate stress. Four Mott-designed and constructed Pioneer statues in the United States are known to have even been installed; only two survive. Ashland's Pioneer Mike is the only original cast-zinc design that remains in exterior display. This report, prepared under contract by George Kramer, historic preservation consultant, includes a review of the Carter Memorial Fountain and Pioneer Mike, documenting original design and changes over time. After evaluating options and potential costs, balanced against historic accuracy, future maintenance, and long-term benefits, the recommendation is that the City explore one of two options; REPAIR of the existing statue coupled with repair and upgrade to the cast iron fountain base, to include a mold of the Pioneer as insurance against future catastrophic damage, or REPLICATION of the statue iul bronze, a more durable material that will weather better in an exterior installation, avoids coating or painting, and will be inherently stronger and more resistant to the inevitable damage associated with a public feature. Costs comparisons between the two options estimate replication at approximately 30% higher than the cost of repair, $47,000 vs. $35,500. Long- term, however, replication will reduce future maintenance costs and provide increased assurance that the Carter Memorial Fountain remains as a historically significant centerpiece on the Ashland Plaza while managing expense to the city over time. I I 2~Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 May this monument stand here for ages... R. P. Neil, Ashland Mayor Carter Fountain Dedication, 1910. The Carter Memorial Fountain, affectionately known as "Pioneer Mike," and more recently and incorrectly, as "Iron Mike," has been a feature in the heart of the Ashland, Oregon Plaza since 1910. "Mike" sits atop an elaborate cast iron drinking fountain located on the Plaza island and has been a landmark in Ashland for over a century. Unfortunately, Mike has seen his share of damage, from the elements, from vehicles, and most recently from a series of vandalism. This report was commissioned in direct response to an October 2014 incident that resulted in the breakage of Mike's hand and gun, caused by stress at a point an earlier repair. In order to protect the statue, and avoid any further damage, the City of Ashland Water Department, removed Pioneer Mike from the Carter fountain and placed him in storage where, at this writing, he remains. This report on the history of the Carter Memorial Fountain includes a survey of strategies and potential issues surrounding the rehabilitation of Pioneer Mike and the fountain with the goal of providing options for the return of the statue and the long-term continuation of the fountain and an element of Ashland's downtown. It was prepared under contract to the City of Ashland by George Kramer, M.S.,HP. Steve Walker, Water Quality and Distribution Supervisor, provided project oversight and management, as well as a laudable enthusiasm for seeing Mike returned to his historic post in downtown. 31 Page i Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 1. CARTER MEMORIAL FOUNTAIN The Carter Memorial Fountain was a gift to the citizens of Ashland from the children of Henry B. and Harriet H. Carter, in honor of their parents.' "H.B. Carter, prominent Ashland businessman, came to Ashland in 1884 and, with his sons, opened the Bank of Ashland" (Clay-Atwood, 1988). Henry Carter died in 1896 and Harriet in 1902. Sons E.V. Carter and F. H. Carter, themselves prominent and successful Ashland businesspeople, i continued to operate the bank after their father's passing.2 Between 1900 and 1915 Ashland underwent a significant period of development and, with it, considerable controversy. The library was built, roads were paved for the first time, a bond to pipe Lithia water throughout town and develop Ashland Creek as a park passed. Voters authorized charter amendments and, in February 1910 anger against the high costs of all the city improvements resulted in Ashland's first recall election, when an attempt to replace Mayor R. N. Snell failed. In slightly more than ten years, Ashland opened an improved waterworks, a new sewer system, an electric plant and a cemetery. Voters authorized a gas franchise, street paving, and the purchase of a new auto fire truck. These new civic improvements meant bond issues and new taxes for citizens (Atwood, 1999:46). The Carters, active proponents of Ashland's "coming of age," likely saw the donation of the city's first public fountain as their own contribution to Ashland's development. The Plaza had long been the site of a public "watering trough," where people and horses could obtain refreshment.3 In anticipation of the street being paved, improving the area around the Plaza, the Carters likely saw an opportunity to improve the town and provide it with a focal point. ...representatives of the family are considering with a committee of the council... the erection at some suitable point in the Plaza of a drinking fo-Lintain for the use of man and beast, to be of such artistic design and substantial construction as will make it ornamental as well useful and a monument for the 1 The donors were Mrs. Orra A. Purdy of Houston, Texas; Mrs. E. C. Galey, of Eugene; Ray A. Carter, of Salem and F.H. and E.V. Carter, of Ashland. 2 The H. H. and H. B. Carter House (1888) is located at 91 Gresham Street. The E.V. Carter House, (1886) is now located at 505 Siskiyou and occupied by a retail concern. The F.H. Carter, known as the Carter-Fortmiller I louse (1909), is located at 514 Siskiyou. It operates as the Royal Carter House, a bed and breakfast. All three Carter-related houses are listed on the National Register of Historic Places. s See Ashland Weekly Tidings, 06-April-1921, 2:7 4 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 ages. It is understood that the Carter heirs have set aside a sum not to exceed $1000 to carry out the work (Ashland Tidings, 9-August-1909, 1:3).4 By May 1910 the Carter Family had made connection with J.L. Mott, of New York, and determined some preliminary concepts for the fountain. A model or drawings were sent to Ashland where they were put on display at the bank for public review. "The design is from the Jordan L. Mott Iron Works, of New York City, a leading institution... "It is an imposing 12 feet high surmounted by a cluster light, the diameter of the main water bowl being over six feet" (Ashland Tidings, 5-May-1910). This preliminary design appears to have been modified prior to order of the final fountain and statue. Mott fabricated the fountain and statue design during the C-ARTER I\IEI\IOP. -kL summer and it was completed by September. "Word has FOUNTAIN NOW be recd that the Carter Memorial Fountain has been BE .UTIFIES C_'IT1' PLAZA shipped from New York and it is expected that it will be Beautiful As Well as Ornamental in place on the Plaza within the next month" (Medford Fountain installed Last Satnrdav Mail Tribune, 6-Sept-1910). The fountain arrived in STATUE IS A WORK OF ART Ashland later that month and was unpacked and made Donation of WeH Known Residents ready for installation "The fountain is a formidable Made Free Gift to 'Municipality . freight shipment of approximately 5000 pounds and e -C arte_ lemy£ To=ta: n z; y., pig p v, , when anchored in position will be a gem in the way of -n°= cf az,'rmig: a:es- as- its - Face.`zill artistic adornment" (Ashland Daily Tidings, 29-Sept-1910). y-, pon, rs_ axe re a eased an all their beaut:; -3t a= $ znc nt arrrop-sate Setting t.. the rlaza, the finest The Pioneer Mike statue weighs about 400 pounds. j:t sLuat eat e t er prezent~d to she ns=apati^ . a -generous-and pub-1- sp=ited -act vn the pan or 6e donors~•;htz~should bee*ai=enL tcothzs is aiding a=ore=en: so caspi_- zL17 be- In order to provide access to the internal plumbing of the ,;-0a ;L ran lfz=a. =m the f tin= t $ fountain, the city excavated a vault directly below, a tr-.:7ecreri~leesmtset£ht ita5 i,eSttEsquare at " z•. ba:r izi at; genera: rountour, the Grecan t3; re concrete lined space approximately 4x4 space rre.a arL:.tai fa. XC1 being approximately 6 feet deep that opens to the interior of the den- ated a--'staff iron:.' and it mum Ott p=3peri r be -daded-eta-fDur- e-t crt , y; -,-base;-==' fountain base, accessed by a 2x2' entry shaft. The Carter pedest??; shai, -4~- -hg=e. • -The -second -bars ccntamus-art-even-dc_en-n1ver-bsibbling-cups, Memorial Fountain was installed on its granite stepped c= nveni l an s t- d - in pt : a s of fen -about Liss base in the center of the Ashland Plaza on October 1 quadrangle rangl rangtt ~ The e ins.-nptz.~n as sl.-a ors the ;ecend , bs:e The pedevta a>•o:nan.ented urs-Kt fou: 1910. a:R.tnsa`s he,a,.'L, of a mythotogicaa nature -the shalt s:a ports t-.-c braS. et censumr.- large globes rlr L=ghrr-sr efert,~nr, also :az>; czn en:_3 Stithfi aree;,'oZ--Tr--mold:.razzp-witPithepro-:L'T azcoanpara. ing -ornaments, `enrl,-h the appearance of the 3:f€erent-_-:-bons, s that the General effe-:t a .ere, ar : . indeed thout there being an e,:Leis of ore amentataon Furthernt- e.-:t Is S:St?~GI;Rfllr. 9.St SS trn3t?,. Figure 1. Ashland Tidings, October 3,1910 4 According to wvvw.measuringworth.com, the real value comparison of a $1000 commodity in 1909 today would be approximately $50,000. 51Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 Ashland's Mayor, R. P. Neil, represented the City at the fountain' s dedication ceremony. His remarks were saved and found in the project file at the Public Works Department. I can conceive of no greater mark of love and respect from children to parents than is this beautiful fountain, standing as it does on the rocks of time, in the heart of the city, comprised of almost indestructible material, surmounted by a type of the early pioneer whom fancy has located in. the Far West....(Public Works File). Within five years of its installation, the Carter Memorial Fountain and Pioneer Mike were recognized as key elements in Ashland's downtown. "The plaza was the center of Ashland in pioneer days. It still holds that distinction, having clung to its place through all. the years of the city's growth and activity (the Carter Fountain is) an artistic work in bronze surmounted by a statue typifying the pioneer." (Oregonian, 28-March-1915, 3rd,10:1-4).5 2. DESIGN "NEWMAN'S PIONEER" ~ The Carter Memorial Fountain was designed and fabricated by the J. L. Mott Iron Works, of New York, NY. Mott began making cast-zinc statuary sometime prior to 1870 and continued as a major producer of such work at least through 1920, when the firm refocused its efforts on enameled cast iron and plumbing products. Mott catalogs list a wide variety of sculptures and fountain designs, available for purchase, including classical and military figures. Mott, and other similar manufactures, either copied classical works or hired sculptures to develop designs for their own use. The "Pioneer" as the sculpture atop the Carter Memorial Fountain is formally known, was designed by Allen G. Newman (1875-1940), an American sculptor of some renown. Newman was bons in New York and educated at the National Academy Museum and School Mostly known today for "The Hiker," a Spanish-American War memorial that was widely reproduced nationally Newman was a member of the National Sculpture League and numerous other national and international societies. Identified as Model 211-M in some Mott catalogs and depicted as Plate 947-K in others, "Statue of the Pioneer" by Newman was available from Mott either "Painted, one coat," for $200 or "Bronzed" for $215 in the company's 1910 catalog (see Figure 2). The large fountain "base" of the Carter Memorial, also manufactured by J. L. Mott, appears to be a modification of Mott Model 553-L Fountain, for "Man, Horse and Dog." This cast- iron stacked tower, 14-feet tall to the stepped base, was slightly customized for installation in Ashland. The four projecting basins, two for horses, two, presumably, for people, of the standard design were removed and replaced with a four-sided projecting cantilevered 5 `Fhe statue was frequently, incorrectly, referred to as a bronze figure as late as 1984, when the City's cultural resource inventory identified it as such. The term "Iron Mince" appears to stem from a misnomer, published in the Tidings, in 2002. i 6 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 "tray" supported by a series of there cast iron arms (three per side). As originally designs, the fountain boasted twelve (12) individual bubblers, three on each side, that likely ran continuously, typical of the times. The dog basins, at the lowest level, were expanded from two to four, one on each of the fountain's bottom level. The 553-K, which was "...arranged for Gas or Electric Lighting" came with two s-shaped projecting arms and tord- iere bases, although Mott's literature noted that the "Electric Light fixtures are not furnished by us." (see Figure 3). J. L. Mott continued to advertise the Newman "Pioneer" in its catalogs for at least a decade, between 1910 if not earlier and 1919. t g ~i ti 1! ' SS ~T. w. l~ 7 g Plate 947-K Figure 2. J. L. Mott, "Statue of Pioneer," 1910 Catalog Cut 7~Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 1I 0 T T S D R I N K I N G F O U N T A I N S I I 16 t w n { i Plate 553-K For Man, Horse and Dog. Arranged for Gas or Electric Lighting. _ Extreme height, 14 feet 2 inches; base, 4 feet % inches sq. Height to tol', of Man Bowls, - 3 feet 6 inches. Height to top of Horse "Trough, 2 feet 4 inches, Horse 'Dough, 3 feel 9 inches by 2 feet 3 inches pro- jcclion; ll inclics deep.~~ I Price, painted, one coat, $95-1. Price, bronzed ........$1,046. If furnished without ball- cock supply and self-closing valves, i, e., for running, water, deduct $24. _ 't'his I-amp and Standard is our Pompeian Brazier model. i Globe, 20 inches by 13 inches; has brass crown and bottom ornaments. Total height, 3 feet 0 inches. Electric light fixtures not fur- nished by us. Plate 553-K 6 Figure 3. J. L. Mott, Drinking Fountain for Man, Horse and Dog, 1910 Catalog Cut II 8~Page Carter Memorial Fountain PIONEER MIKE RESTORATIOINT OPTIONS City of Ashland, OR, April 2015 In addition to Ashland's example, only four other "Newman Pioneers" are known to have been installed in the united States. These are; Breyman Fountain, Salem, OR (1903) Commissioned by the estate of Eugene Breyman, a Salem area pioneer merchant and banker, the Breyman Fountain was installed in Wilson Park, now the grounds of the Oregon State r Capitol, and dedicated in September 1904. Topped by lLTewmari s "Pioneer," the Bresnan Statue was 19-feet tall, rising from a large J. L Mott designed cast iron base that provided `mater for horses. There no provisions for people or dogs. In June 1917 the Breyman Fountain was severely damaged during a storm. "Despite its massive proportions, the top part of the fountain was thrown to the ground by L, cyclonic wind and practically shattered to bits" (Oregonian, 25- June-1917,9:1). Ir Although not entirely clear, there is some indication that the commission for the Brevman Fountain was the impetus for design of "The Pioneer" itself. The Brevman family provided key details, including clothing and the rifle, to Mott in an effort to make the statue as authentic as possible. This fact is implied 1-~y the early date of the Breyman Fountain, compared to other known examples, along with the published comments of Mr. E. V. Carter, donor of Ashland's fountain and statue. It was long after the [Carter] fountain -vas in place that it was learned that the design of the pioneer figure originated in Oregon. The pioneer Breyman family, of Salem... conceived the idea of this figure and we are told that in order that it might be true to type in every detail, the Mott Iron t'Vorks company was furnished the pioneers accoutrements; the rifle, powder horn, boots, etc., from which drawing were made. (Ashland Daily Tidings, 22-March- 1927). The City of Salem retained the cast iron base of the Breyman Fountain after the statue was damaged in 1917. Located on what are now the grounds of the Oregon State Capitol and un • * • • • • der the management of the Oregon Parks and Recreation Department, the Breyman base remains as a rather odd remnant of the original design, without any eater supply=, obvious function, or interpretation. R. 9lPage Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 Pioneer Statue, Storm Lake, IA (1912, rebuilt 1973) Located in Storm Lake, Iowa, the Pioneer Statue was presented to that city by "The " Tuesday Club" and installed on November 15, 1912. It stands at the intersection of East .44 Lakeside Drive and Lake Avenue, s 5. overlooking the lake, on a rough-hewn block ry . of stone. By 1973 the statue had suffered damage from unknown causes, including a broken leg, and was removed. Recast in bronze by the Kennedy Galleries the replica was placed on the original stone base and remains on exterior display. The original g zinc casting is at the Buena Vista Historical v Museum (left, below). Both statues retain the original contrapposto posture.6 s a ' i i The "Minuteman," University of Northern Colorado, CO: A gift of the class of 1911, the Minuteman stood on a rough cut stone base and was located at the edge of a garden and reflecting pool near C=arter Hall on the UNC campus in Colorado Springs. According to the school's website, the Minuteman was something of a mascot and s had a gossip column with "byline" in the weekly UNC paper, The Mirror. When an adjacent building was expanded and remodeled in 1938, the Minuteman "disappeared" and its fate is unknown.7 6 See Smithsonian Art Inventories Catalog (www.siris-artinventories.si.edu, visited 10-Feb-2015). 7 Anderson and Trask University of Northern Colorado. Charleston, SC: Arcadia Publishing, 2010, p72. See also http://www.unco.edu/125celebration/traditions/ , visited 10-Feb-2015. 10 1 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 3. HISTORY OF REPAIR Despite being frequently described as "Bronze," and occasionally called "Iron Mike," the statue atop the Carter Memorial Fountain is in fact cast-zinc. Individual plates, forming portions of the whole, were molded off the original and then sand-cast and then soldered together to form the hollow statue.8 "One of the principal advantages of zinc statues was that they were easily manufactured. "Since soldered joins were hidden by surface coatings, mold making could be simplified by casting in many pieces, which provided versatility" (Grissom, 2009:13). Zinc also save money over similar work in bronze or iron and, as a result, became a popular material for fountain and statuary manufactures beginning in the early 19th century and continuing through World War I. Zinc was especially popular during the period after 1.870, as towns across the country matured and many expressed their civic pride through the installation of public works of art, often with monuments to Civil War heroes or, in the West, civic leaders. Zinc's advantages, in addition to its easy workability and lower costs, were its resistance to short-term water damage. A non-ferrous material, zinc does not rust as does iron. Still, zinc was often challenged as an 'imitation material, one that was frequently coated to appear as what it was not. Cognizant of that, some fabricators, including J. L. Mott, often marketed their zinc works, or alloys of zinc, copper and tin, as "White Bronze" (Grissom, 2009:18). Zinc is a particularly brittle metal and, with exposure to the elements, becomes more so. As hollow work, with thin shell, cast-zinc statuary has limited resistance to force and can break or shatters easily on impact. It is likely that Pioneer Mike arrived in Ashland and was installed with a bronze-tone coating that hid the greyish colored cast-zinc that it was made from. "Zinc and Iron are the only statuary metals that are routinely painted" (Grissom, 2009:94).9 Most period reports document the statue as a "bronze" sculpture however as early as 1913 at least some portions of the fountain, possibly the cast iron lower elements, were already sufficiently worn to require repainting. The Carter memorial fountain on the plaza was handsomely painted and varnished by William Sowerby for the W. O. Dickerson Paint House. The work was done at the expense of the Carter heirs, who deserve great credit for the care they are taking to keep the fountain a credit to the town (Ashland Tidings, 10-July-1913). Just two years later, the fountain was again painted and, apparently the plumbing was repaired after some period of failure and disuse. S No information on the "original" Newman pioneer sculpture could be located, indicating that it perhaps was not carved for permanent display but was simply of clay, created for the molding process only. 9 See Figure 2, which offers finish options including "painted" and "bronzed," usually a paint process that included flakes of copper or brass to provide the illusion of solid metal. 11 1 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 The Carter memorial fountain in the Plaza is now resplendent is a new coat of paint with gold trimmings. Water flows again at the twelve bubbling fountains and the four troughs for dogs, that the thirst of the city may again be assuaged (Ashland Tidings,l-July-1915) No specific reference to any work or repair on the Carter Memorial Fountain for the next two decades was located, although available photographic images indicate that some work clearly took place. As originally installed, the iron pedestal appears to have simply been mounted on small blocks above a concrete pad. Sometime later, certainly by 1920, a fine set of granite plinth blocks was installed in three courses, raising the fountain above the Plaza grade. This work, again not documented, almost certainly relied upon "Ashland Granite," from the Blair Granite Quarry, south of town. The stepped plinths allowed for the fountain to be plumb, despite the slope of the Plaza. Changes in A "WUNTAW the Plaza itself, including expansion of the island and leveling, resulted in the lowermost granite level being _ E partially encased into the concrete Plaza surface prior . "at_-0v to 192770. At this time the original globe-type light n, a>t,i>ilb6oa - - fixtures were replaced by new multi-sided lights with recntdrr as ~,.t►o t t~.sne - conical tops and filigree bars, likely so that the .3sehi~e4 = AMU",] tile C1tt_bUItd1er _ fountain would match Ashland's street lights. [t var a "hit_nin"-drlrnr•...-.[lad dl i aLS rt~taT n't step to seo shot damage had-' &Me CI:x n1R)1tTul(f~rra .~nrd SAr t[anh. ¢are=tita~~t:2: ° hi6 ca=d [ounta n on, ;lance ,nd In late 1931 a truck skidded over the curb around the -:.to-->hatld•=- bsm- - f oiied In pra°tt n--I+rF~7 C7:,ft >Kt++ah)rapaa d Cie tnagaltL 7i cstrtilcc the t: Eck tm t Adams ,~a h".,.a. Plaza island and struck the Carter Fountain.77 The ti tsdaq?Lr Iwk>, it iha wor i annnrl Dt bJ(0.a i3d tDo°ghts ii ~:Qa .~.~.that, .y~ 1,, be had aa« the cuThtht I ...pioneer {was] knocked into a cockeyed position r~ Y_ A -his U 1. M. know be -had a.r°cY tht and "had an entirely new outlook on life// as it was irate oC-t e- a: • f Arlvar= vd_ dart dcmt s Sari to 1t"Y Ft"tfr, will mao° s>ameent tat-to 1 spun around on its foundation (Ashland Tidings, 28- ~ `.ft~ftlft tn_ thr neRhborhuad oL.tSi<tl-crid ao[t.h is of. J:p, December-1931). Several months later the fountain •aY" the °°`'t° `=hLn d "a ■ntYr~ plvmSinR p•"v A was repaired and some change occurred. "Repairs are aaaeaba~ aboat k°oetad haT+lteryfyt° iEi hrsn 8 Complete. Plaza fountain equipped with four new ' :atw tt~aa~auaa_ type bubblers, a reduction fi om the original sixteen bubblers (sic) to four ...of the modern type" (Ashland Tidings, 26-February-1932).72 Figure 4. Ashland Tidings, December 28,1931 i 10 This is dated from the known installation of the Lithia Fountain, to the south, in 1927. 11 At this time, before North Main had been straightened with a direct route between Water and Oak streets, the Pacific Highway wound around the Plaza for all north and southbound traffic, including the sharp turn at the Plaza's southern end, facing Lithia Park. 12 Despite the frequent description of the fountain as having "16 bubblers," photographic evidence clearly shows that the original design included just three bubblers on each side, centered over the cast iron support arms, for a total of twelve. The "16 bubblers" must have counted the four dog trays at the fountains lower panel, one on each side. 12 Page i Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 In May 1937 the Council authorized funding to have the fountain repainted again. In July 1938 they denied a request from the Chamber of Commerce to relocated the relocating the fountain to "...give an unobstructed view of the Lithia Fountain on which a neon sign was to be placed."13 No specific damage is known to have 0 happened during the I940s or 1950s, but T € in the mid- to late-1960s, Pioneer Mike 1,41 experienced the worst damage in its history. "Several years ago the statue s ti atop the fountain on the Plaza toppled, r fell, and broke" (Ashland Tidings, r C1972)." While not entirely clear, aJames - - Smith, a long-time Ashland resident and former Water Department employee reports "...someone raped ZAXX BY sUMAEs - Mme -*;bbm „A be ,a at Sa4em Iron Mike and pulled him dow=n,, the •`onlyF thing left on top of the fountain Ashland Statue `Back ByJune I . was one boot."14 aka the Aebft aftV a• bm"IOM or at undaia _ by J, : t RMY ,.a I = the b , &R am awVatbg W °vis~1 /*y" g Certainly, as shown in Figure 5, the a4, . a Pa i ww beat sWd pw ~ as . i ~ is nit 7MOd ba aeaa am abaft W d *A Ub >t ~aa Tbataft of ar ~ statue was removed from the Plaza and s e x t b e r a Oerg= Ckfte, statue .a: , at a+t > . in ft"& Mled bit statid . to rnpir It ` and it is &WKNI t* the damage Smith reports is consistent and now he expects to have u2 and tee. be :aid ~ tom. ~ a t swrrer vat RAISW - and the wktia tie saoamm at .as phw a to in eg"Ahkq ft AAh" tivith the repair work undertaken by I Cutw Lad Co- mW ma as Ron Reinmiller, a graduate student and } now CA, & 10 - "34* "art lab assistant" at Southern Oregon at& rnr Pq-0 X= CC-W *W PMW41WC *0 College. "'Working with fiberglass and apoxy (sic), Reinmiller is building a new 422 it C4**= st boot and part of an arm and repairing .th wiwT Aim ftwc rte, the rifle" (Ashland Tidings, c1972). gam. -Aar w(am ab According to the article, Mike was to be VM left" `$'"`a ""*7 reinstalled in June. It appears that ~ no rather than a "new" boot Reinmiller . " simply modified and reinforced the low fa w original zinc while changing Mike's sM aisr~ uVed FIGURE s u. s . " hw••erapt Baia ' , 91wo. Law stance from contrapposto, with his left ~ SoAkN Daily Tidings, c1%9 et M teary tr~ "Ob foot slightly behind and raised on toe, to (From City Public Works Dept. Files) for thm U.,ftv j*ftr* W0 W ago ~<xrkv , 0 the current flat footed design. Evidence WAI~w *1% 6W of fiberglass over zinc remains. 13 City Council Files, see 18-May01937 (No. 12), and 19-july-1938 (No- 20). l# Ashland Then & Non), Facebook Public Group, posted on 28-February-2015, 1:31 PM. Other posters concurred, recalling that Mike had been "Lassoed" and damaged, an event which likely occurred in 1967-1968. 13 1 P a Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 It appears that the c1.972 work included the addition of support studs that allowed Mike to be physically bolted to the cast iron top of the fountain, since previously he simply sat on the fountain without any physical attachment points. Changes to Mikes rifle hand as part of the c1972 repairs are unknown, although it seems likely that at this time a bundle of copper tubing and epoxy were inserted into the rifle arm cavity in an effort to provide additional support'-5 It is assumed that the reinstallation of the statue coincided with the decision to repaint the Carter Memorial Fountain base a glossy white, a major deviation from its historic scheme.16 At some point during this period, likely related to changes to the Plaza, the entire lowest plinth layer was embedded into the surrounding concrete surface, leaving only two layers of the granite exposed. -3a ? - "'rte i Note that the Statue is missing from this image, dated March 1970 Figure 6: Carter Memorial Fountain, 1970 (left) and as restored, c1975 (right) (University of Oregon Image) Dennis DeBey reports he had not added any copper tubing as part of his work over the years (Personal Communication, 24-Febuary-2015). 16 Despite every effort, no mention of the re-installation of Mike in 1973, or the vandalism incident that required his removal from the Plaza circa 1%8, could be found in the Daidj Tiditags or other sources. 14 1 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 In 1982 portions of the fountain, including the supporting brackets that hold the water pans and drinking faucets, were repaired by local metal artisan Dennis DeBey under contract to the City. DeBey also sandblasted and repainted the fountain base in a deep brown with gold highlights, returning it to its historic appearance. Using automobile paints, this design and color scheme, as periodically retouched, largely remains today. In October 2001 Mike's hand and gun were once again damaged by vandals, almost certainly failing at the same soldered joints that had been damaged circa 1968. "Mike was allegedly used by a Medford man as a "Jungle Jim" and launch pad on Halloween night," according to the Ashland police (Ashland Daily Tidings, 9-April-2002). DeBey again was hired to repair the statue. He reports that he cleaned the broken seams between the zinc plates and re-soldered them prior to repainting. At the time the paper reported that "Iron Mike will be a new man soon... better than he was before" (Ashland Daily Tidings, 9-April- 2002). According to police reports, citations were issued in 2006 when seven people were climbing the statue and again, in 2008, when a man climbed the statue and burnt a flag in protest (Ashland Daily Tidings, 17-October-2014). In August j2013, a faulty underground electric cable "caused sparks to fly out of the top..." of the Carter Fountain, damaging some of the internal water supply lines, which were spliced back together with couplings (Medford Mail Tribune, 23-August-2013).17 Most recently, in October 2014, Pioneer Mike was again damaged by vandals who, likely while attempting to climb the statue, broke off the rifle and rifle hand in the same seam that had previously failed. The rifle and attached hand were found later, in the planter box outside a nearby restaurant. The bronze plaque in honor of the Carters, a long narrow panel with raised lettering that is mounted directly above the fountain tray facing south, had been damaged and broken into four pieces prior this incident. The Pioneer Mike statue was removed from the fountain and placed in storage at the Ashland Public Works warehouse awaiting repair. 17 Steve Walker, City of Ashland, personal communication, 10-March-2015. 15 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 4. CURRENT CONDITION The Pioneer Mike statue is 5'-2" tall and rises from a square base or stand that has been modified to accept four posts. The statue is mounted to a bevel-edged cast iron top plate that allows the statue to be secured in place to the tower of the fountain base. The damage to the statue is the result of vandalism and the inherent character of its material; cast zinc. This naturally grayish material that was popular for statuary due to its workability and moderate cost. Zinc however, especially after long exposure to the elements in an outdoor situation, has multiple inherent issues that make it a difficult material for statuary. Statues like the pioneer were cast in pieces, or plates, and then soldered together to form a hollow shell. Portions of Mike, through normal wear as the result of exposure, as splitting at the seams, as the result of thermal expansion (See Figure 7). Soldered cast-zinc plates have little inherent structural capacity and the crystalline structure of cast-zinc offers minimal resistance to impact. It is this latter fault that has led to Mike's damage from vandals who attempt to boost themselves up by relying on his right arm for support. This is evidenced most clearly by the simple fact that all documented instances of damage to rifle hand are in the same place, failing at the solder seams. 2002 efforts at internal i reinforcement (the insertion of a bundle of copper tubing and epoxy) were likely effective in providing support during the repair process, but did little to create any actual weight bearing ability to the zinc casting afterwards. This modification may, through increased leverage, have actually created additional damage to the statue when placed under stress, by radiating force further away from the failing joint. In most situations, both the damage to both of Mike's boots and to his hand/ arm, much of the damage also tends to follow the original solder or joint lines where the original thin cast zinc pieces were assembled into a whole. Both of the lower legs/boots exhibit a high degree of damage. The boots are reinforced with fiberglass, while his rifle hand had been repaired at least once (c1969) to repair breakage, with the rifle and hand undergoing serial repair to damage in the same basic area, including the October 2014 vandalism. Additional evidence of fiberglass reinforcement, especially on the back, are evident upon close examination of the statue. The undamaged portions of the statue are in reasonably good condition, subject to normal weatherhig, however there are still cracks at plates seams, some of which are quite severe, that reduce the statue's overall structural integrity. These areas of damage will require repair no matter what option the city chooses for the statue's future, with an intent to return to exterior display naturally requiring more substantial intervention As a result of its design and history, Pioneer Mike is a mixture of old, weakened, soldered seams that have been exposed to the weather for over a century and a series of failed seams and material damage that have been repaired through a mixture of solder, fiberglass and mechanical reinforcement with mixed success. Ashland has been incredibly lucky in that despite being hit by a truck (in 1931) and having fallen off the fountain (in c1967), Mike has only suffered damage to his extremities. "The most common damage to cast-zinc sculpture 16 1 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 is breakage" (Grissom, 2009:98). Zinc, which has limited resistance, tends to shatter catastrophically into multiple pieces on impact, often being so damaged as to preclude repair. This, apparently, is what happened to the Breyman Fountain, in Salem, OR, which fell do the ground in a windstorm 13 years after its installation and "....shattered to bits..." and was not replaced. Repairing cast-zinc involves re-assembling the damaged pieces and re-soldering them, with the appropriate materials, usually along the broken joint lines. This has continually reduced effectiveness, as the edges of the joints degrade and the solder itself, which is not structural, has less and less connection to the plates, leading to increased chance of future failure. In effect, this is what caused the October 2014 failure, wherein an earlier repair the statues' hand failed again. Thankfully the perpetrator, who was likely climbing on the statue not intending to amputate it, did not drop the gun and the hand that holds it to the ground, which likely would have "...shattered it to bits," beyond repair. The result of this continued damage and repair, exacerbated by the natural degradation of the zinc from exposure to the elements, is that repairing the statue, especially in areas that may be subject to stress like his rifle, hands and boots, zvill suffer from continually decreasing effectiveness, independent of the qualiftJ of the repair work itself. No good options exist for strengthening the statue's shell, to better resist damage. Installing an armature would require the complete disassembly and re-construction of the statue at the seams, and would be complicated if not impossible without high expense and limited expectation of success. Each soldered seams would, again, be a potential point of failure and the plates themselves might be damaged by disassembly. Filling the statue, with polymer, lightweight fiber-reinforced concrete or some other material, occasionally considered an option for other cast zinc works, creates significant additional water-related expansion and contraction issues while providing only minimal structural support and so is highly ill-advised. "The severity of damage from concrete placed inside zinc artwork cannot be emphasized strongly enough" (Grissom, 2009:103-4). The mechanical aspects of the fountain, being the water supply and drainage, electrical supply for the lighting, and a sump pump below grade, with four supply points on the fountain, has been continually rebuilt over the years and are presently in fair condition. Copper supply lines provide water to the four spigots, while PVC provides drainage. The copper was damaged during an electrical incident and have splice connectors that represent potential weak points. The dog bowls, non-operational, are vented with overflow points to the interior and there an automatic sump pump to reduce standing water. The interior of the fountain itself, subject to high humidity and standing water, exhibits a nearly complete rusted surface that should be addressed. The hollow interior of the fountain, formed by cast-iron pieces that are held together with metal screws, appears to be largely as originally installed. 17 Page Carter Memorial Fountain PIONEER ~H(E RESTORATION OPTIONS City of Ashland, OR, April 2015 f 40 Figure Carter Memorial Fountain, Interior Views, 2015 (note rusted surfaces) • 1.3 I , T { zY Figure 8: Carter Memorial Fountain, Current Conditions 181 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 5. STATUE RESTORATION OPTIONS There are four primary alternatives that City may choose to pursue regarding the Carter Memorial Fountain and the Pioneer Mike statue: 1) REMOVE (DO NOTHING: This would eliminate the statue from the Carter Fountain, leaving the cast iron fountain base as it currently stands (without any repair), maintaining the status quo of October 2014. This option was not considered further as unlikely and inappropriate. 2) REPLACE: This option would involve identifying or commissioning a new statue to replace the Pioneer, either using an available period-appropriate mold or an entirely new design. This option would significantly reduce authenticity and change the look of the Plaza and the Carter Memorial Fountain. Either of these choices would likely be controversial. Either would additionally be considered an "Adverse Effect" to the historic character of the Carter Fountain and the Plaza and so would require mitigation under ORS 358. This alternative was not considered further as unlikely and inappropriate. 3) REPAIR: As done at least twice in the past thirty years, this would involve repairing the damaged portions of the statue using appropriate materials (see below) and returning the repaired statue to its traditional perch atop the cast iron fountain base. Repairing the statue maintains historic authenticity but does not address the serial damage that has changed his appearance over time, serve to reduce the likelihood of future damage, or reduce the potential for catastrophic failure. Discussion: Repair has been the City's approach to all previous damage to the statue and is the least-cost option in the short-term. Repair does not address the issues surrounding cast-zinc, nor provide a long-term solution to assure that the statue will remain intact for the future. Repair is, however, the simplest, least complicated method of addressing the current damage, with minimal unknowns. No issues surrounding "authenticity" result and the original statue would remain in place, as it has in the past. ISSUES WITH REPAIR: • The existing statue has already been serially repaired, altering its appearance and creating weak spots that are prone to repeated failure under minimal stress. • Even well done, continued exposure to the elements will continually degrade the exterior surface, increasing the frequency of painting and the risk of failure independent of vandalism. • The likelihood of further breakage and damage is high, including catastrophic damage that will preclude accurate replacement. • The City may or may not choose to address damage to the cast iron elements of the fountain while repairing the statue. 19 Page i I Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 4) REPLICATION: This would involve making a mold of Mike (after minimal repair of the existing damage) and casting a replica. Multiple choices and options regarding the appropriate material for a replica create issues of cost, authenticity, weight, durability and maintenance were considered, however re-casting in BRONZE is the most appropriate and recommended solution. ISSUES WITH REPLICATION: Discussion: The original statue, would be repaired, at least temporarily for non-exterior display, prior to serving as a master for the creation of a full-size mold. This could either be done digitally, via a scanning process (point cloud) or manually, with a latex molding material applied to the original statute. The point cloud would require crating and shipping the statue out of state, and would result in a limited use, non-archival, digital file that would be used to generate molds for casting. A latex mold process could be done on-site, avoiding shipping, and would create a series of molds/ patterns that would then be used to cast the replica statue. The City would own the molds in either situation, should a future need arise, however the utility of a latex mold in more secure. The repaired original cast zinc statue could be placed on interior display at a suitable public location, however there may be people who take exception to having a "new" statue on the Plaza and consider it non-historic. Multiple decisions are required prior to the replication process; 1 DESIGN • Requires design decisions between current and original contrapposto posture o Contrapposto posture would require either re-configuring the original Pioneer or, more likely, permission to mold the foot/boot of the statue in Storm Lake, Iowa. Discussion: The current fiberglass boots do not have the same detail or quality of the original design and does not match the original posture of the statue. The city may choose to replicate Pioneer Mike "as-is," in a flatfooted posture, or to return the design to the original contrapposto. If the later, the best approach would be to create molds from the Storm Lake, IA "pioneer," which retains its original posture and is in excellent repair. Consultation with the City of Storm Lake indicates that they would be amenable to such a project. Molding from the Storm Lake Pioneer will require additional travel for the mold-maker, but that should be offset by savings in re-carving pieces for moldmaking locally. Ashland's original Pioneer Mike could remain as repaired, flat- footed. 20 Page G Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 MATERIALS • Requires design decisions about choice of materials for a replica Pioneer o Cast Aluminum o Cast Bronze o Synthetic Materials (Resin/ Polymer) o Cast concrete/ cast stone Discussion: Multiple materials are available for casting, each incurring decisions about weight (to avoid overloading or stressing the Carter Fountain base without additional strengthening), durability (resistance to weathering), appearance, and finish. Although a variety of materials options were considered, based on durability, appearance, long-term maintenance costs and consistency with the original character, the recommended material for replication is BRONZE. Bronze is durable, resistant to weathering, and has a. naturally historically appropriate finish, significantly reducing any future maintenance. Casting in hollow-bronze results in a 20% increase in weight over zinc and may require additional support to the fountain base. The zinc statue weighs approximately 400 pounds, meaning a replica in bronze, which is denser than zinc, and will additionally have thicker walls than the current statue for added strength, could easily result in a statue weighing as much as 600 pounds or more. It is possible that this additional weight will not be an issue on the cast iron fountain, but determining that will incur engineering costs. If additional structural support is advised, a vertical steel support column would likely be inserted upon a new concrete pad within the fountain, adding expense. 6. OTHER REHABILITATION OPTIONS A. FOUNTAIN REPAIR AND UPGRAGE As part of the proposed statue project, the City may determine to additionally address concerns of the fountain base to improve the overall condition of the Carter Memorial Fountain. The current water supply and drainage system, while simple, appears adequate and but should be replaced to address damage resulting from the August 2013 electrical short incident. This is not considered a costly undertaking and avoids potential for future leaks and the resulting damage. Structural supports for the projecting fountain trays (several. of which are damaged and all of which provide inadequate support), rep ainting/ re-finisl-dng, also likely require repair. The lighting, restored to the original globe design in 2002, appears sound. 21 Page i Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 i Significant concerns with regard to the fountain base itself are as follows. • Repair and reconstruction of water supply and drainage, possibly including faucets/ spigots • Improved support/ damage repair to projecting iron trays, including significant rust deterioration in some locations • Addressing the existing rust on the interior surfaces of all fountain elements, along with some rust staining and damage on panel exteriors • Misc. damage to cast iron elements to the fountain base may require repair or fabrication of new pieces. • Potential for increased support for a heavier replica (bronze or concrete) may be necessary. This will require evaluation by a structural engineer, based on weight, and would likely result in the installation of a single center support inside the fountain base. Discussion: The interior of the cast iron fountain base, as shown in Figure 7, is coated with an evenly rusted surface while some portions of the exterior also exhibit rust or rust staining. This is almost certainly due to the presence of standing water year round in the fountain vault with limited air flow and high humidity. Successfully addressing the water infiltration in the fountain vault involves the risky proposition of either dis- assembling the fountain or relocating it as a unit to allow below grade excavation, installation of drainage, and the creation of a more water-resistant vault. In order to reduce the impact of rust while avoiding that level of cost and risk, installation of an improved sump pump along with an active ventilation system is recommended. Active ventilation, likely tied to sump operation, will include the installation of an electric fan(s) to create positive air movement along with increased ventilation ports to allow water vapor to escape the fountain interior. Existing rust on the inner surfaces should be addressed with a spray-on "Rust Converter" similar to Must for Rust or other Phosporic Acid-based products. Once rust has been neutralized, the interior cast iron surfaces of the fountain base can be Crated with a rust inhibiting primer to reduce the potential for future rust buildup. The exterior of the foundation, last painted in 1982 as near as can be determined, should be cleaned and either repainted or touched up in matching colors following necessary repairs to damaged and rusted elements. B. SECURITY IMPROVEMENTS During the course of this project numerous comments have been made regarding increased security for the Plaza as a way of reducing future vandalism of the Carter and Lithia Fountains. Most frequently mentioned is increased policing or the installation of security cameras. These are reasonable suggestions, however it must be noted that catching a 22 Pa ge Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 vandal after the statue or fountain are damaged does not reduce the degradation, it just serves to identify the culprit and may, in some cases, provide a method to secure funding through fines that aide repair. The costs of a standard installation of an exterior quality camera, mounted on the roof of city hall with capability to zoom in on the Fountain and record continuously for 24-48 hours were obtained from an area vendor. 7. RANGE OF COSTS & SCHEDULE A. ESTIMATED COSTS Estimates from qualified vendors capable of developing a model of the existing Pioneer Mike statue and casting a replica in a variety of materials (aluminum, bronze) have been secured on a preliminary basis. Once the decision is made to recast, the actual choice of material will result in only negligible savings. Costs for recasting, including mold-making and shipping ranged from $24-26,000, about twice the estimated cost of repair of the existing statue.18 While not directly related to the repair of the statue, it is logical that repair and upgrade of existing damage to the fountain base, including rusting elements, damaged supports, plumbing and repainting would also be undertaken as part of the statue project. Addressing water and moisture infiltration issues through the increased ventilation and sump improvement inside the vault, to reduce moisture and future corrosion, is strongly recommended. Installation of increased support, if required, would provide additional stability to the fountain and will require some engineering and additional fabrication work, including installation of a suitable pad/ floor within the existing vault. Statue repair and replica is a fairly contained task and costs from qualified suppliers can be estimated with some accuracy. Costs related to the repair of fountain base including refurbishment of the cast iron elements, repair and or reconstruction are less "knowable" at this time. Rough estimates of those costs based on similar work are provided. Estimates of the various tasks and costs associated with both the repair or replication options for the Pioneer Mike statue, including structural reinforcement due to increased weight, are shown in Table 1. Total costs for statue repair/ replication and minimum fountain base upgrades range from $35,500 to S47,500. Added work, including structural upgrades and security cameras, will add an additional $9000 in costs if needed or desired. 18 Some repair will be required prior to molding in any case, however this can be of significantly less durability if the statue is not intended for outdoor display. The City may choose to make a mold of the Storm Lake Pioneer as insurance against future catastrophic failure of a restored Pioneer Mike. 23 1 Pa go Carter Memorial Fountain PIONEER AGE REST ORAT10N OPTIONS City of Ashland, OR, April 2015 ,zz 4 w C 4 r~ t ik>: `k S S Z z 1 Figure 9: Pioneer bike, at City Public Works Warehouse, February 2015 24 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City- of Ashland, OR, April 2015 TABLE 1 Pioneer Mike Statue Estimated Costs; Repair v. Replication TASK REPAIR. REPLICATION OPTION OVIJO Re air Rama a for exterior installation $10,000 r~ ~ Repair Damage for interior display $1500" Statue Replacement (BRONZE) Mold Making $8500 $8500 Travel/Lodging in Storm Lake, IA for moldmaker $1500 _ Casting Statue in new material $17500 Slu~p~n~/~Iisc $1000 , MINIlMAL REQUIRED FOUNTAIN REPAIR R it andPore-install dammed nameplate $500 $500 Consolidate Repair dama a to trays & supports 7500 $75W, Install new plumbing/fans, upgraded sump 0 M. _ $6000 Repair interior rush dams e, dean exterior/repaint $3000 $3000 TOTALS: REPAIR OPTION $35150 REPLICATION OPTION U71000 The following additional costs may or may not be required or desirable. Upgrade will be dependent upon analysis once total statue weight is known. A security camera is an optional expense that the City may or may not choose to install. STRUCTURAL UPGRADE If Required En ineerin Deli n 2 Fabrication and Installation $4000 SECURITY CAMERA. If Required $3000 53000 25 P a g e Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 B. CONSTRUCTION TIMEFRAME Based on the choice of vendor for the replication of the statue, which impacts shipping time, timing associated with travel to Storm Lake, Iowa (if determined), a new casting of Pioneer Mike could be ready for installation on the Plaza within 120-180 days from the date of Notice to Proceed. Vendors located in Oregon, avoiding shipping time for the statue, could reduce that time frame, as would a decision to repair, rather than replicate. Repair of the existing statue, either for molding or for exterior display under the REPAIR option, could take 90-120 days, especially if the option of recasting in the existing, modified, posture, is determined appropriate. Repair of the fountain base, including new plumbing, cast iron repair/ rust removal, and active ventilation systems, can be undertaken by local vendors, with or without city crews. This work should be accomplished within 60 days, concurrent with the statue process. I 8. SUMMARY & RECOMMENDATIONS The Carter Memorial Fountain has been and remains a key element in the character of the Plaza and, as such, an important part of Ashland's past and present. Normal wear and tear, coupled with a history of damage, has reduced the integrity of the Pioneer Mike statue. Based on its cast-zinc construction, and borne out by the history of every other known example of this statue in the United States, Ashland is lucky in that, despite it damage, Mike survives in more or less one piece. Left outside and exposed to the elements, it is only a matter of time before the statue will become so deteriorated, or so damaged, that restoration and continued exterior display will become unlikely if not impossible. i Based on the available options, from the standpoint of cost, durability, long-term maintenance and historic accuracy, it is my professional recommendation that the City of Ashland replicate Pioneer Mike in a durable material, preferably cast bronze, based upon an original mold, and place this replica atop the rehabilitation base of the Carter Memorial Fountain.. Use of the matching Storm Lake, Iowa statue for molding purposes will return Ashland's statue to its original posture and, in toto, save the city resources. Ashland's original cast-zinc Pioneer Mike statue should be repaired, retained, and placed on interior display in an appropriate public location. These might include the Ashland Civic Center, the Ashland Public Library, Fire Station No. 1, City Hall, the Community Development Department, or some other location to be determined. The mold of the Pioneer statue will be owned by the City and should be retained for potential future use. This might include some future recasting of the Breyman Fountain, in association with the City of Salem and the Oregon Parks and Recreation Department. Inquiries may also be made with the University of Northern Colorado, should they want to 26 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of AsIdand, OR, April 2015 replicate their lost "Minuteman" Future rental or loan of the mold may reduce the City's costs over time while providing a broader public benefit. In addition to the statue, damage (rust, breakage, etc.) to the base of the Carter Memorial Fountain should be repaired prior to installation of the statue. The entire fountain should be repainted to protect the cast iron. VJhile addressing the issues of the vault and existing conditions of the fountain are outside the scope of the current project, installation and improvement of an active ventilation system inside the vault and fountain will reduce the potential for additional damage. The City may or may not choose to install security cameras or increase policing so as to reduce and record any future vandalism. NEXT STEPS: The City should determine what option(s) for the rehabilitation the Carter Memorial Fountain and. Pioneer Mike it wishes to pursue, and then, within the current Kramer & Company scope of work (City of Ashland PO #12723) complete and submit an application to the Oregon State Historic Preservation in compliance with ORS 358.653, to document its proposed action It is my opinion that either Repair or Replication options, as proposed above, will result in a FINDING OF NO ADVERSE EFFECT, completing the city's obligations in this area. • If the City determines, as recommended, to replicate the Pioneer Mike statue in bronze, calculations as to final weight should be analyzed by a licensed engineer to determine the need for additional structural support and, if required, secure design for such upgrade. o The City should determine the need and value of a security camera or other systems as a vehicle to reduce vandalism and protect the Plaza area from damage. Upon completion of the SI-1P0 review process, the City should develop an RFP or RFQ for the required work and advertise via standard policy. If exclusions for works of art are available, contracting can be expedited though previously identified vendors. Respectfully Submitted, George Kramer, M.S., HP Kramer & Company, Ashland 271 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 9. SOURCES Anderson, Mark and Jay Trask. University of Northern Colorado (Campus History). Charleston, SC: Arcadia Publishing, 2010. Ashland City Council Records. Council minutes and misc. documentation as provided by the Ashland City Recorders office, cited by description:date in text. Ashland Then & Now. (February 25, 2015 et seq.) Facebook, Public Croup Page. Retrieved 27- February-2015, from hops://-%Nu-w.facebook.com/groups/178671965489610/. Ashland Tidings. Misc. issues as cited by date:page in text (included Weekly Tidings and Daily Tidings). Clay, Scott and Kay Atwood. Ashland Cultural Resource Inventory, "DOIWTOWN." Prepared for the City of Ashland, 1-May-1984/13-September-1988. Gayle, Margot, David W. Look, AIA, and John G. Waite. Metals in America's Historic Buildings: Part I. A Historical Survey of Metals: Part II. Deterioration and Methods of Preserving Metals. Washington, D.C.; Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1980. General Administrative Services (GSA). Cast Iron: Characteristics, Uses and Problems, at hqp://,A-ivw.gsa.gov/portal/content/111738, visited 4-March-2015. GenForum (Geneaology.com) "Newman Family Genealogy Forum; Allen G. Newman Sculptor,' at ht!p://genforuin.geliealogv.com/newman/messages , visited 27-January-2015. Grissom, Carol A. Zinc Sculpture in America: 1850-1950. Newark, NJ: University of Delaware Press, 2009. Grissom, Carol A. and Ronald S. Harvey. "The conservation of American war memorials made of zinc." Journal of the American Institute for C onseruation 41(2003) 21-38. LaLande, Jeff. The Ashland Plaza: Report on Findings 2012-2013. LaLande Archaeology and History Services, Report to the City of Ashland/OR SHPO, 2013. Montanga, Dennis R. Conserving Outdoor Bronze Sculpture, Tech Dotes, Metals No. 1. Washington, D.C., Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1989. Mott, J.L. Iron Works. Mott Drinking Fountains (Catalog), 1910. Statuary in Metal (Catalog), 191.1. O'l arra, Marjorie. AsIdaand: T7w First 130 Years. Jacksonville, OR: Southern Oregon Historical Society, 1981. 28 1 Page Carter Memorial Fountain. PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015) Oregonian, Misc. issues as cited by date:page in text. SIRIS [Smithsonian Institution Research Information System]. "The Pioneer-Sculpture," at l,tti)://siris-artiiiveiitories.sis.edu, visited 9-December-2014. Taft, Laredo. The History of American Sculpture. New Mork, NY: Arno Press, 1969. Waite, John C. and Margot Cagle. The Maintenance and Repair of Architectural Cast Iron, Preservation Brief No. 27. Washington, D.C., Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1991- 29 1 Fa ~e i Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 l APPENDIX I Carter Memorial Fountain TIMELINE i 30 Page Carter Memorial Fountain PIONEER MIKE RESTORATION OPTIONS City of Ashland, OR, April 2015 i r r tit wa« w r .r.. ar s. 4 f «,c L4 U all ..a r , W ( a~ z ~i v ~ ~ LIB ~ tt ~,yr ~ iwe r~ Age ~r r i r wr r.. e~ ~ its ev r r.r i+. ~ ~ _ a.r 61 4 ~ ~ ~ ~ V re' L+ Sj 31 Fa e Carter Memorial Fountain PIONEER MH(E RESTORATION OPTIONS City of Ashland, OR, April 2015 +r-r+ V U4 , Co co Q n 'Y 10 M c cn t4', re~y c~ 'U, Fit Q 60 ► t1 iC ilk ~ r © !E1 p' d' rn In ~t !`fin p d ns a; > Q to _ 60 0 al r"( t-=f w z MEOL. ~ 60 1'R Cc; ~vo 9 U) .f.s 00 41 ~ Fj 60 00 4D (n 0 rk, 4$ a 0 43) Qs bo t{ p t n V) q_ a4 a w `rn -es cry © 40 32 Page CITY OF ^ASHLAND Council Communication May 4, 2015, Study Session Discussion of City Recorder compensation and charter amendment FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Following a January, 2015, discussion of department head compensation, the Council requested a study session discussion of City Recorder compensation. This was subsequently conjoined with a request from multiple councilors for a discussion of referring to the voters a charter amendment to make the City Recorder an appointed position. BACKGROUND AND POLICY IMPLICATIONS: City Recorder compensation The City Recorder's compensation is established by the City Charter, which states, the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory employees and department heads of the City of Ashland." As such, whenever the compensation of supervisory employees is raised, whether for cost of living adjustments, step increases or general pay range increases, those increases are averaged and applied to the City Recorder's salary. Since 2002, this has resulted in annual pay raises for the Recorder ranging from 5.1 % (FY 2007) to 0% (FY 2010 and FY 2011, when management salaries were frozen, although the Recorder received a pay increase of 1.79% in FY 2012, which management salaries were still frozen). In the last three years, the Recorder has received pay raises of 3.41%, 3.65% and 2.32%. Management COLA in each of those three years was 2%. The Recorder's current salary of $83,712 is higher than both the median top-step salary and average top-step salary ($77,970 and $76,351, respectively) for recorders in comparably sized cities with comparable duties. Changing the City Recorder's compensation would require an amendment to the City Charter. City Recorder appointment When Ashland's current City Charter was adopted in 1908, the "Police Judge" and City Recorder were combined as a single position. Adhering to what remains a common practice for judges, this was an elected position. In 1912, women were granted the right to vote and two years later a push began to elect a woman to this position. However, there were many at the time who felt the police judge was not a suitable position for a woman, because the judge would have to hear the details of too many embarrassing cases and, in the words of the Daily Tidings, "Modesty will not permit it." However, in 1918, the City Council appointed Gertrude Biede as recorder pro-tern and held a special election to split this single position into two separate positions (also creating the Municipal Court in the process). Page 1 of 2 ~r CITY OF ^AS H LA N D The measure carried by a vote of 82 to one. Staff was unable to determine from our research why the Council in 1918 kept the recorder an elected position. An elected recorder is very unusual, since elective offices are generally reserved for policy-making positions and the recorder is not a policy-making position. Rather, it is an administrative/professional position, and such positions are typically appointed. The League of Oregon Cities says it knows of only two other cities in Oregon where the recorder is elected (although there may be more). Those cities are Prescott and Elgin, population 55 and 1,725, respectively. Changing the recorder to an appointed position would require voter approval of a charter amendment. Although it has been common practice for Ashland to refer charter amendments in primary and general elections, this is probably done for reasons of cost. A charter amendment can be referred to any election, including a special election if called for by the Council. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Making the recorder an appointed position would likely reduce the position cost slightly, since it would become a classified position and placed in a pay range as are other classified employees, although the top of the range is likely to be close to the salary of the incumbent. Some costs may be incurred for an election, however they are likely to be de minmis. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. This item is scheduled for discussion only. SUGGESTED MOTION N/A ATTACHMENTS: None. Page 2 of 2 ~r CITY OF ASHLAND Council Communication May 4, 2015, Study Session Discussion of quorum requirements for boards and commissions FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Council has requested a discussion of a proposal to change the codified definition of a quorum for appointed boards and commissions. The Ashland Municipal Code currently states, "A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions." The Public Arts Commission has requested that the Council consider changing the definition of quorum to not include vacant positions. BACKGROUND AND POLICY IMPLICATIONS: Earlier this year, staff brought to the Council a list of potential changes to the Municipal Code for Council direction in prioritizing which code amendments to address first. One of the changes in that list had been proposed by the Public Arts Commission at the Council's October 21, 2014, meeting; to change the definition of "quorum" as contained in AMC 2.10.040. That code section currently reads, "A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions." The PAC requested that the code be amended so as to not count vacant positions toward the number required for a quorum. When staff presented its list of potential changes in January, the Council requested that this particular proposal be scheduled for a separate study session discussion. The PAC's request is motivated by the fact that there are almost always vacant positions on our boards and commissions, which can frequently make it difficult to get a quorum for a particular meeting. For instance, the Public Arts Commission has seven positions, but only five are filled. To have a quorum, four of the five members must be present. With this requested amendment, attendance by three members would constitute a quorum. The Council previously discussed this suggestion at its December 17, 2012, study session and decided at that time to not change the code, however the meeting minutes do not provide detail on the Council's rationale for that decision. Attached to this Council Communication is a discussion outline that was prepared for that meeting by City Attorney Dave Lohman. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A Page 1 of 2 ~r CITY OF ^ASH LAN D STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. This item is scheduled for discussion only. SUGGESTED MOTION N/A ATTACHMENTS: AMC 2.10.040, Quorum and Effect of Lack Thereof Minutes of December 17, 2012 study session Discussion Outline: Uniform Board and Commission Guidelines Page 2 of 2 ~r 2.10.040 Quorum and Effect of Lack Thereof A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Non-voting ex officio members, staff and liaisons do not count toward the quorum. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, internet etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions require the affirmative vote of at least two-thirds of the members present. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. (Ord 3050, amended, 11/18/2011; Ord 3003, added, 02/18/2010; Ord 3100, 2014) PRINT CLOSE City Council Study Session December 17, 2012 Pagel of 3 k MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 17, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m: in the Siskiyou Room. Councilor Silbiger, Voisin, .Lemhouse, Slattery, and Marsh were present. Councilor Morris arrived at 5:31 p.m. 1. Look Ahead review Assistant City Administrator Lee Tuneberg reviewed items on the Look Ahead. 2. Discussion of possible changes to the uniform policies and operating procedures for Advisory Commissions and Boards (request of Mayor Stromberg) Mayor Stromberg had two concerns, one was Council appointing liaisons, and the other was deciding if the City needed all the commissions and possibly shifting how often they met. City Attorney Dave Lohman explained the proposed changes came from meetings he and City Recorder Barbara Christensen had with commissions regarding public meeting law and ethics requirements that resulted in the Discussion Outline for Uniform Board and Commission Guidelines. 1. Quorum Definition Staff recommended establishing a membership range of 5-7 members to achieve a quorum. Council majority thought the range should apply to the total number of positions on the Commission. The Planning Commission should have different quorum requirements. Other comments thought quorum should be the majority of positions currently filled in a commission. Mayor Stromberg thought Council could go through each commission and determine which ones could meet part time. Mr. Lohman commented under the current rules each commission determined how often it met. 2. Attendance Requirements Staff proposed commissioners attend. 75% of scheduled meetings per calendar year. Council consensus agreed and thought the rule should extend to study sessions for the Planning Commission as well. Subcommittee attendance requirements were not pertinent. 3. Attendance by Phone or Other Electronic Means Currently each commission had the discretion to allow attendance by telephone or Internet. Staff proposed retaining the rule and Council agreed. 4. Advance Notice of Absences Staff suggested at least a two-hour notice of absence to all board members. Council determined at the minimum 24-48 hours notice to contact staff or one key person. For emergencies, the commissioner would do the best they could to notify either staff or a key commissioner. 5. Excused or Unexcused Absences Covered by points 1-4. City Council Study Session. December 17, 2012 Page 2 of 3 6. Officer Elections Council agreed with ,staff's recommendation to elect the chair and vice chair the first month following the annual appointment process. 7. Officer Terms Staff proposed increasing the consecutive annual terms to three consecutive annual terms instead of two, Council agreed. Public Works Director Mike Faughf addressed the false seismic alarm that went off at the dam over the weekend. They were able to reset the alarm earlier Monday and it was now working fine. 3. Status report on the plaza final redesign Engineering Services Manager Scott Fleury provided an update on the project. Staff was reviewing 95% of the plans and specifications. They had a target bid date of December 20, 2012 through January 10, 2013 and planned to bring the construction contract award to Council January 15, 2013 for approval. Currently the archeological site survey was underway with three more test sites needed to verify the presence or absence of culturally significant items. Directly following the site survey, staff would remove designated trees. However, they were postponing work until December 27, 2012 for local businesses in lieu of the Christmas holiday. Once the site survey was complete, Archaeologist Jeff LaLande would prepare a final report for SHPO (State Historic Preservation Office) and two federally recognized tribes. Mr. Fleury addressed an incident where citizens had photographed one of the archeologist test digs and sent them to SHPO to stop the project. SHPO in turn contacted Mr. LaLande who verified what was actually occurring. Mr. LaLande was looking at strata of earth to determine when the soil was no longer fill but natural native material while sifting through each level looking for prehistoric artifact. When excavation hit natural soil, he would conduct another test, map and log the results, to determine if further digging would disturb a significant cultural resource. Mr. LaLande initially applied for an archeological site survey permit, sent it to SHPO, the City, and the two tribes who reviewed and commented on the permit itself. Mr. Fleury went on to address the tree removal. In August 2012, the Tree Commission discussed removing the trees in the Plaza with input from staff Arborist Anne Thayer. The Commission requested a second, opinion from an independent arborist Southern Oregon Tree Care. Staff removed the diseased Modesto ash and planned to remove two sweetgums, one was 31 inches and the other 21 inches. The 31- inch sweetgum was in poor health and Southern Oregon Tree Care agreed. The other sweetgum was fine but had the potential to deteriorate. During the site survey excavation, they discovered the old Highway 99 bed only three feet below, leaving no room for roots, contributing to the ill health of both trees. Councilor Voisin supported removing the larger sweetgum but did not approve removing the smaller one. She questioned why the City would remove them when the plaza needed large trees for shade. Mr. Fleury confirmed the staff arborist suggested removing the 21-inch sweetgum because it would continue to deteriorate like the larger tree. Councilor Voisin wanted the record to reflect she objected to the removal of the smaller sweetgum. Mr. Fleury explained the City had spent to date $28,735 on the original concept design from Covey Pardee, the archeology survey, and the final construction documents. The initial construction estimate was $141,836 and staff did not it think would not change. Adding the contracts, project total was approximately $194, 446. This amount did not include the City costs that staff was tracking and would total at the end of the project. City Council Study Session December 17, 2012 Page 3 of 3 Councilor Voisin was concerned the biding time occurred during the holidays and wanted to extend the January 10, 2013 date. Mr. Fleury explained they needed to complete the work by March before the tourist season. Covey Pardee contacted contractors for overall construction costs and the contractors were aware of the upcoming bid. 4. Discussion of whether to add to future agenda a change to the cold weather shelter rules (Request of Councilor Voisin) Councilor Voisin explained there was community interest in changing the temperature of the cold weather shelter from 20 degrees to 33 degrees. In addition, the Unitarian Universalist Fellowship and Temple Emek Shalom wanted to offer a third shelter night. They had volunteers willing to run the shelter but did not have a space and wanted the City to provide a facility. Currently the Presbyterian Church offered shelter on Monday nights and the Trinity Episcopal Church had a shelter for Wednesday nights. Councilor Voisin wanted the City to provide emergency shelter when temperatures dropped to 33 degrees using The Grove, Pioneer Hall, or the Community Center. The Homelessness Steering Committee (HSC) trained 25 people on running a shelter. The two faith organizations had an additional 12 volunteers to assist. Council and staff determitied raising the temperature on the emergency shelter resolution would obligate the City 5 nights a week for almost five and a half months and raised concerns regarding availability, utility costs, liability insurance and general budget impact. They would need additional information on costs and available City facilities to make a decision. It would change the shelter to a winter shelter and require due process and vetting with the neighborhood along with public input. Working with volunteers to add a third shelter night was more viable. Council thought it was premature to add the item to the next night's agenda due to the research involved. Council gave direction to staff to analyze the costs and logistical issues involved to add a third shelter night weekly in collaboration with the faith community and provide that information possibly at the January 15, 2013 Council meeting. Mayor Stromberg addressed the Newtown CT massacre that occurred Friday, December 14, 2012 and wanted input on showing support as a City. Council and the Mayor discussed observing a moment of silence at the Council meeting, sending a letter or tile, planting trees, and would forward other suggestions to the Mayor. Other comments included gun control, more assistance for children with mental illness, and the need to remain non-political. Meeting adjourned at 7:29 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder DISCUSSION OUTLINE: UNIFORM BOARD AND COMMISSION GUIDELINES 1. QUORUM DEFINITION Current Rule: • Quorum defined as majority of authorized positions, including vacancies. Alternatives: • Could define quorum as majority of currently-serving members, disregarding vacancies.* • Could establish a membership range, instead of a set number. For example, "no fewer than 5 and no more than 7.* • Could expressly allow meetings that do not achieve a quorum to continue as long as public is permitted to attend, minutes are kept, and no deliberations occur. Criteria above and beyond statutory requirements would need to be spelled out in ordinance. Considerations: • Current rule serves as an incentive to get vacancies filled. • Current rule keeps pressure on sitting members to show up for meetings. • Members of several City boards and commissions (hereinafter referred to collectively in the plural as "boards" or as "board" in the singular) are frustrated at showing up for meetings only to find that having to count vacancies towards a quorum means they have too few members to conduct business. • Having to cancel quorum-shy meetings wastes members', staff's, and audience's time; allowing presentations with no deliberations would result in at least some greater efficiency. • Staff time required even for cancelled meetings. • Setting membership at a number between X and Y would reduce the difficulty of achieving a quorum (necessarily means a quorum would be based on currently-sitting members). • About a year ago, the Council amended board quorum requirements to make it clear that vacancies must be counted; it may be too soon thereafter to evaluate whether a change is in order. 2. ATTENDANCE REQUIREMENTS Current Rule: • Members are expected to attend "all regularly scheduled meetings, study sessions and special meetings, when applicable" and cannot have more than one "unexcused" absence in any one half of calendar year. • Must attend at least two-thirds of all scheduled study sessions and special meetings. Alternatives: • Could require removal from office upon failure to attend at least 75% of scheduled meetings per calendar year.* Page 1 of 4 • Could make attendance requirements apply only to the full board's regularly scheduled meetings and study sessions - not to committee and subcommittee meetings. Considerations: • Because some boards have many meetings per year and some have very few, attendance requirements should be based on a minimum percent (say, at least 75%) of scheduled meetings within a specified time period (say a calendar year). Requiring removal if more than a specified maximum number of meetings are missed (such as, "absent more than 3 scheduled meetings per year") may be onerous for boards with many meetings per year. • Current "2/3 Rule" is ambiguous: Could mean missing more than 33% of all meetings during board member's term; missing more than 33% of all meetings in any calendar year; or missing more than 2 out of any 3 meetings. • The current requirement to have no more than one unexcused absence applies to all regularly scheduled meetings, study sessions, and special meetings, "when applicable." It is not clear how to interpret "when applicable" or who is to decide whether that limitation applies in a specific instance. • It is not clear whether the current attendance rules apply to board committee and subcommittee meetings. • The burden of attendance requirements might be reduced by periodic review of how often meetings are really needed. 3. ATTENDANCE BY PHONE OR OTHER ELECTRONIC MEANS Current Rule: • Each board has discretion to allow attendance by telephone or Internet.* Alternatives: • Could require physical presence. Considerations: • Because most boards make recommendations rather than final decisions, the disadvantages of participation by electronic means at board meetings are less consequential than for Council meetings. • In order to participate in quasi-judicial decision making, a Planning Commission member must be physically present to hear all the evidence or must listen to and/or read all the evidence and testimony presented. This would have to be taken into account in any provision for electronic attendance at Planning Commission meetings. • Not allowing electronic attendance at City Council meetings while allowing it for boards seems inconsistent. 4. ADVANCE NOTICE OF ABSENCES Current Rule: • Must notify chair or staff liaison at least 2 hours before absence. Not clear whether proper notice automatically makes absence "excused." Page 2 of 4 Alternatives: • Could require that advance notice of absence be sent to all board members at least two hours before a scheduled meeting.* • Notice rule could be set by each board. Considerations: • Could reduce the burden of board service, if all board members could find out in advance when a meeting is sure to be or likely to be cancelled for lack of quorum. 5. EXCUSED OR UNEXCUSED ABSENCES Current Rule: • Cannot have two "unexcused" absences in any one half of calendar year. Alternatives: • Could scrap the notion of excused or unexcused absences altogether, basing removal instead on the more objective criteria of failure to provide advance notice and failure to attend a specified percentage of meetings.* Considerations: • "Unexcused" is undefined, as is who is responsible for determining whether an absence qualifies as "excused." This is an awkward call for a board chair or a staff liaison to have to make. • Not clear whether current "2/3 Rule" applies if the absences are excused. • Sporadic attendance diminishes board effectiveness whether or not the reasons for the absences are compelling. Since it is the absences that matter, and the reasons for them do not, adjudging the validity of the reasons is an extraneous undertaking. 6. OFFICER ELECTIONS Current Rule: • Chair and vice chair elected at first meeting of the year. Alternatives: • Chair and vice chair elected in the first month after annual appointment process is completed.* Considerations: • Current rule is ambiguous in that "year" could refer to the first 12 month period after a completion of annual appointment process (typically starting April); to the City's fiscal year; or to the calendar year. 7. OFFICER TERMS Current Rule: • Officers elected annually, but may not hold office for more than two consecutive annual terms. • Officers hold office at the pleasure of the board. Alternatives: • Could increase the consecutive annual terms allowable to three.* Page 3 of 4 Considerations: • Periodic turnover in board leadership is beneficial in many ways. • Some board members don't have time or don't have interest in assuming board leadership, while others are so experienced and/or such good leaders that the other board members prefer to have them continue as chair as long as they are willing to serve. • For some boards, it takes a chair up to 2 years, or even longer, to reach optimum effectiveness; requiring new leadership after 2 consecutive annual terms may deprive the board of needed leadership expertise and arbitrarily limit the members' discretion as to who should lead their board. * = Staff recommendations. Page 4 of 4