HomeMy WebLinkAbout2005-0414 Charter Agenda Packet
CITY OF
ASHLAJND
Agenda
Charter Review Committee
Public Input City Band
April 14, 2005
Council Chambers
1175 East Main
7:00 p.m. - 9:30 p.m.
I Welcome, call to order.
Approval of minutes from March 31, 2005
II Public Forum for Items not on the agenda 15 minutes total (each speaker is
limited to 3 minutes)
III 7 :20 Public Outreach Report
Forum de-brief 5 min. - Carole
Employee Survey 10 min. - Panl
Recap of Government Structure Alternatives 10 min. - Pam
IV 7:45 Clarification of prior action on Instant Run-off Voting - Michael 10 min.
Presentation of Council Election and council/mayor compensation -
Michael 15 min.
IV 8: 1 0 Public input on Structure of Govelnment and Council
Elections/compensation
V 9: 10 Recap and next steps
VI Items from Committee Members 5 min.
VII Adjourn
The Charter Review Committee values citizen comment on our work in reviewing
the City Charter.
*The Public Forum is the time to speak to any item related to the Charter NOT on the printed
agenda.
* Agenda items that the public is invited to comment on are listed as "Open for Public Input" on
the agenda.
* A comment offered on an agenda item does not automatically allow the participant to continue
commenting throughout the meeting deliberations.
*Written comments are encouraged and always appreciated.
Please complete a Blue Speaker Request Form and bring it forward to staff
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DRAFT
Charter Revie,," Committee
March 31, 2005
Regular Meeting Minutes
Siskiyou Room, Community Development Building
51 Winburn Way
I. CALL TO ORDER:
Committee Chair John Enders called the Ashland Chanter Review Committee meeting to order at
7:00 p.m. on March 31, 2005 in the Siskiyou Room.
Members Present:
John Enders, Hal Cloer, Pam tv1arsh, Keith Massie, Donald Montgomery and
Carole "Wheeldon.
Members Absent:
Kate Culbertson, Laurie MacGraw and Michael Riedeman.
Staff Present:
Ann Seltzer, Management Analyst
April Lucas, Assistant to City Recorder
Hal Cloer request the minutes of March 3rd be amended in order to clarify his statement regarding
Periodic Charter Review. Mr. Cloer eXplained that he intended to say that if the Charter Review was
done periodically, the consequences would be less. Also, regarding the Preamble Value Statement, Mr.
Cloer wanted to emphasize that circumstances that require a new balancing of values change, not the
values themselves.
Keith Massie/Pam Marsh m/s to approve the minutl~s of March 3rd, 2005 as amended. Voice Vote:
All AYES. Motion Passed.
Mr. Enders clarified that the order of the agenda would be altered in order to accommodate earlier public
input. Ms. Wheeldon noted that this meeting was being video taped by Mr. Bullock and would be
broadcast on RVTV channels 9 and 31.
II. TOPIC DISCUSSION PRESENTATION ON CITY BAND:
Ms. Wheeldon explained that the Committee had formed four categories pertaining to the Charter issues:
1) Politically focused topics, 2) Parts of the Charter that are superceded by State Law, 3) Elements that
might be better addressed through an ordinance, and 4) Items that are antiquated and need to be updated.
Ms. Wheeldon clarified that at the end of this discussion, the Committee would vote on a
recommendation to send to the City Council. The City Council will then be responsible for determining
what will be placed on the ballot.
Mr. Montgomery explained that the Committee was looking at this issue primarily because it is unusual to
have provisions for a City Band in the Charter. He clarified that the Committee had no intt;mtions of
eliminating the band.
Mr. Montgomery explained that the current Charter contains a formula that determines how much money
the City Band receives each year, and noted that the Band Board and Band Director provisions were
adopted by ordinance. He noted that the Band Board is responsible for the general supervision of the
band, while the Band Director organizes the band, selects the musicians, appoints the officers, prepares
the budget and selects the music. It was noted that the ordinance pertaining to the City Band requires that
the band perform no less than 10 performances each year.
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Mr. Montgomery briefly eXplained the City Band's budget for FY03-04, and noted that the band was
allocated $56,750, however only $43,417 was spent. He noted some of the bands expenditures, which
included: $3,660 to the Band Director, $2,600 for the purchase of music, $1,200 for the band shell,
$29,000 for the musicians, $1,750 to RVTV and $5,100 for insurance.
Mr. Montgomery explained the suggested options regarding this issue and the consequences for each:
Alternative 1: Remove the City Band from the Charter.
If the City Band was removed from the Charter, it would need to be placed under the directiion of a City
Department (most likely the Parks and Recreation Department) for oversight and funding would need to
be provided through a line item in the City's annual budget. The City Council would also need to
establish an ordinance to continue the Band and the Band Board.
Alternative 2: Leave the City Band in the Charter without a specified funding source.
Leaving the City Band in the Charter would reinforce the City's commitment to the band, but as in
Alternative 1, the annual funding would be determined during the City's budget process and would be
subject to the Council's approval. The budget, accountability and organizational impacts would be the
same as in Alternative 1.
Alternative 3: Leave the City Band in the Charter, but with a new and less specific funding source.
If Alternative 3 were selected, the City would need to create a new formula that would maintain sufficient
funding for the band. This formula could be based on actual expenditures and could provide for periodic
increases that are based on the annual budget guidelines.
Prior to opening the Public Input session, Mr. Enders clarified that the Committee had made no decisions
regarding this issue and that the Committee was open to hearing any additional suggestions the public
might have.
III. PUBLIC INPUT ON CITY BAND:
Art Bullock/791 Glendower/Proposed that the following wording be included in the City Charter to
address the City Band:
"We the People of Ashland, Oregon value and hereby acknowledge volunteer musicians'
contributions to our community through the Ashland City Band. Since 1876, Ashland City Band
musicians have brought quality music to our children, our families, and our visitors. We honor
that legacy. We hereby establish through our ongoing commitment, appreciation, Clnd funding of
the Ashland City Band, that the music of the people, by the people, and for the people, shall
continue in Ashland. To protect and support our community's longstanding tradition of an annual
series of free pubic concerts, we hereby establish that a minimum of $60,000 be included in the
annual City budget for the Ashland City Band. This amount shall be adjusted annually for
inflation or special costs necessary to sustain the band and its performances. These funds shall
be used to provide (1) music, equipment, and supplies for the Ashland City Band and the Band
Board of Directors, (2) professional-quality audio-taping and video-taping of each performance for
local radio and television broadcast, with arrangements for individuals to be able to purchase their
own copy for home use, (3) modest but adequate compensation for the Ashland City Band
Director's duties, and (4) an honorarium to each Band performer with deep gratitude from the
people of Ashland. "
Virginia Westerfield/l090 S. lVlountain Avenue/Expressed concern that the City Band would be
downgraded by any changes to the Charter and stated "if it's not broke, don't fix it". Ms. VVesterfield
explained that the City Band has a reputation along the Pacific Coast and stated that the band is one of
Ashland's best features. She noted that she has played in the band since she was 18 and spoke highly of
the musicians and the director. 1'\lls. Westerfield clarified that she would not be opposed to placing the
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band under the Parks and Recreation Department, but would be concerned if this affected their funding.
She noted that not everyone can afford to attend the Shakespeare Festival, but everyone can come and see
the City Band.
Harry Kannasto/lOl5 Park Street/Commented that the City Band was as close to a professional band as
you could get and noted that most of the musicians have been in the band 35 or more years. He
commented that the pay that the musicians receive in minimal and noted that when people come to
Ashland for the free concerts they often dine and shop in Ashland. He noted that the summer attendance
is approximately 20,000 people per season and that this is only surpasses by the Shakespeare Festival.
Mr. Kannasto explained that the band has been called upon to perform at other locations, including
Guanajauto, Mexico. He stated that he sees no reason to change this provision in the Charter but added
that Alternative #3 would be his second choice. When asked about being overseen by the Parks
Department, Mr. Kanasto stated that he saw no obvious problems with this action.
Herman Schmeling/492 Fordy(:e Street/Explained that his wife plays in the band and noted that not all
who visit Ashland come for the Shakespeare Festival. He stated that the band is a big draw during the 4th
of July and agrees with the previously mentioned statement, "if it's not broke, don't fix it".
Don Bieghler/Conductor of the Ashland City Band/Stated that he has been involved in band since
1963 and has been the conductor of the Ashland Band since 1998. Mr. Bieghler explained that he is
responsible for selecting 100 different pieces of music during each season. In order to make the music
selections, Mr. Bieghler stated that he asks for the musicians input and also receives requests from the
public. He also noted the system he uses to keep track of the music library and stated that the band shares
its music with other organizations. Mr. Bieghler eXplained that when there is a vacancy on the band, he
sends out notices to those who participated in the previous year and if the vacancy remains, the band
holds open auditions. Mr. Bieghler stated that he does not think that being under the direction of the
Parks Department would be a problem as long as the band was adequately funded. When asked about the
current funding, Mr. Bieghler stated that he felt that the band receives adequate funding each year and
would like for the band to maintain this funding level.
Mr. Bieghler clarified for the Committee that the musicians are paid in accordance with the number of
years they have served on the band. He also noted some of the improvements he requested during the
budget process including: maintenance to the benches, updated lighting, and updates to the speaker
system. He stated that the final budget numbers are provided to him by the Finance Director.
In regards to how to measure listener satisfaction, Mr. Bieghler stated that the attendance levels and
positive comments speak to the satisfaction.
Thor Barrows/l Skyline Drivell #3603/Stated that the quality of the City Band was exceptiional and
noted that many of the musicians had an extensive background in music. He stated that adequate funding
was essential in order to maintain the quality of music and stated that any changes that adversely affected
the band's budget would pose a problem to the bands continual success.
Michael Knox/720 Grover Stn:~et/Current Chair of the Band Board/Stated that one of the roles of the
Band Board is to evaluate the Band Director. He stated that the City Band is a strong tradition in Ashland
and noted that their audience base is continually growing. He stated that people vote with their feet and if
the people did not like the band, they would not attend their concerts. He stated that if the Charter was
changed and their funding enacted by ordinance, he would want assurance that the current amount would
not decrease.
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Mary Mastain/227 Granite Stn~etl Ms. Mastain explained that the band was a city joy and wants the
band to be able to continue. Ms. Mastain asked the Committee to explain why they were discussing
making a change.
Ms. Wheeldon eXplained that when reviewing the Charter, their Charter Consultant looked :for items in
the Charter that might be better handled in other ways and this is how the City Band issue came to the
table. Ms. Wheeldon assured Ms. Mastain that reviewing this issue does not mean that the Committee is
going to change it. The City Band just happened to be one of the items that are not traditionally held in
Charters and this issue warranted discussion.
John Enders closed the Public Forum at 8:28 p.m.
IV. COMMITTEE DELIBERATION & DECISION ON FINAL RECOMMENDATION:
The Committee went around the table and discussed their potential recommendation. All o:fthe members
stated that they would like to keep the City Band in the Charter. Comment was made that retaining the
City Band in the Charter would make a strong statement of the City's faith and loyalty in the band.
In regards to placing the band under the direction of the Parks and Recreation Department, one comment
was made that there needed to be a compelling reason for making this change, however the majority of
the Committee felt that this was a good idea. Comment was made that if the band was und~~r the Parks
Department, it might be better taken care of and improvement requests would become more pertinent.
The Committee was undecided on how the funding should be determined and whether this should be
included in the Charter. It was explained that the current funding of .0006 mil was tied to the property
taxes, and as the assessed value of property goes up or down, so does the amount allocated to the band.
One comment was made suggesting that this formula could be simplified. Another member suggested
that the Committee remove all references to expenditures from the Charter and allow the elected officials
to allocate funding; the Council could then dictate funding by ordinance. Another member mentioned the
fairness issue and stated that the band might be getting an unfair amount of money compared to other
organizations in the community. Comment was made that the Charter might not be the best place for the
funding mechanism; however the Committee should obtain additional advice before making this change.
Keith MassieIPam Marsh mls to keep the City Band in the Charter and include the provision that
the City Band is under the din~ction of the Parks and Recreation Department. DISCUSSION: Mr.
Cloer noted that he would abstain due to his uncertainty about placing the band under the Parks
Department. Voice Vote: John Enders, Pam Marsh, Keith Massie, Donald Montgomery and Carole
Wheeldon, YES. Hal Cloer, NO. Motion passed 5-L
Carole Wheeldon/Don Montgomery mls for the Conrtmittee to seek additional advice on the funding
mechanism for the City Band. DISCUSSION: Ms. Wheeldon clarified that she would like to seek
input from the City Attorney, the Finance Director and the Charter Consultant and then bring this piece
back as a separate vote. Comment was made that the Committee needed to find the best way to guarantee
sufficient funding for the band. Voice Vote: All AYES. Motion passed.
The citizens in the audience asked if they would be notified about the funding after the Committee makes
their decision. At the citizen's request, the Committee agreed to notify the Band Director and the Band
Board of the outcome via email. The Committee received clarification that the Band Board and Band
Director would like to be notified both when this issue is placed on an upcoming agenda and also when a
decision is made.
Keith Massie left the meeting at 9:00 p.m.
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V. PUBLIC INFORMATION UPDATE:
SOU Forum
Ms. Wheeldon noted that a Public Forum on the Structure of Government was scheduled for April 7th,
from 7:00-9:30 p.m. at the Redmond Room at SOU. It was explained that the Committee members would
act as scribes and the Committee would identify citizens that will lead the individual break-out groups.
Ms. Wheeldon also noted that a Council Study Session was scheduled for April 6th at 12 noon. The Study
Session would be for informational purposes only and would provide the Council with an update of the
Committee's progress.
Mav Meeting Time and Location,
Staff Liaison Ann Seltzer noted the conflict regarding the May meeting times and locations. She
explained that the Council Chambers were unavailable during the Committee's regular meeting time, so
they could either hold their meetings earlier at the Council Chambers (4:30-7:00 p.m.) or keep the
meetings at their regular time and hold them in the smaller conference room in the Community
Development Building or at the Redmond Room at SOU. Committee discussed which option they
preferred. The Committee expressed concern over holding the public input at an earlier time and a
possible lack of public participation as a result. The Committee questioned if RVTV would be able to
televise the meetings if they were held in the Redmond Room. A consensus was reached to ask R VTV to
provide coverage at the SOU room. The meeting video could then be added to the City's website for
viewing and would be played at random on the RVTV channels..
Ms. Wheeldon commented on how the Committee was going to connect with Tom Sponslor on all the
other issues that meld the model charter into the Ashland Charter. She stated that the Committee would
need to make sure that everything was accounted for. Suggestion was made to ask Mike and Keith to
work on this issue.
Emplovee Survey
Pam Marsh eXplained that a survey had been mailed out to all City employees and the deadlline for the
return is next Friday. Ms. Marsh noted that so far the Committee had received approximately 25 surveys
back and asked Ann Seltzer to send out an email reminder to all employees. Ms. Marsh noted that she
would have the results by the Committee's next regularly scheduled meeting.
VI. OTHER ITEMS FROM COMMITTEE MEMBERS:
Concern was expressed regarding the Committee claiming that they know what the public thinks.
Comment was made that the Committee is gaining a sense of what the public's concerns are, but that this
has no validity that a certain problem or issue really exists. Suggestion was made that the Committee
should speak with the practitioners to find out where the problems are.
Comment was made stating that the Committee was not operating solely on what they hear from the
public, but are taking public input because the Committee wants to make sure they are not overlooking
any issues. Additional comment was made that it's the Committee's responsibility to take the input they
receive from the public and combine it with their research and their own expert's advice.
VII. ADJOURNED: Meeting adjourned at 9:34 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
STRUCTURE OF GOVERNMENT
ALTERNATIVES IN SUMMARY
(April 14, 2005)
· THE STATUS QUO
The present Ashland City charter provides for a voter-
elected Mayor who serves as the executive officer of the
City. In this structure, considerable power is vested in
the Mayor, who has oversight and authority over much of the
administrative functions of the City. This includes, in
consultation with the Council, the hiring and dismissal
authority over the City Administrator, department heads and
subordinate employees. The Mayor presides over Council
meetings, votes only in case of a tie vote, and has veto
authority. The Mayor appoints members to corrnnittees and
corrnnissions.
Ashland has a City Administrator who is responsible to
the Mayor and Council to manage the administrative
functions of the City to effectively deliver services to
the citizens. The City Administrator has authority to hire
and dismiss subordinate employees, but not department
heads.
The City Council is composed of six (6) Councilors, each
elected by the citizens, to establish City policies, adopt
ordinances and to guide, in concert with the Mayor, the
City Administrator in implementing such policies and
ordinances. The Council approves the City budget, and with
a two-thirds vote, may override a mayoral veto.
· THE MODEL
This alternative is based entirely on the Model Charter
for Oregon Cities, created by the League of Oregon Cities
in 2002, and which gives considerable power to the Council.
In this alternative, the Mayor is elected by the citizens
and serves as the political head of the City government.
The Mayor appoints, with consent of the Council, members to
corrnnittees and corrnnissions, presides over Council meetings,
votes with the Council and has no veto authority.
This form of government provides for a City Manager who
is hired (and dismissed) by the Council and who is the
administrative head of he government. The Manager is
responsible for all administrative functions of the City
with authority to hire and dismiss all employees.
Importantly, the Manager is responsible to the Council for
the effective implementation of policies and ordinances
established by the Council.
The Council is the legislative head of the government and
much of the power in this structure is vested in the
Council. The Council is composed of six (6) elected
councilors and the Mayor, who is a voting rrlember of the
Council. The Council establishes policy and adopts
ordinances and is responsible for the hiring, performance
and, if necessary, dismissal of the City Manager, the City
Attorney and Municipal Judge. The Council approves the City
budget and approves the appointment of members to
committees and commissions.
· THE HYBRID
The hybrid structure establishes a Mayor-Council
partnership, with a sharing of power and influence in
establishing policy. A team arrangement consisting of the
Mayor, Council and City Manager attempts to achieve a
balance of responsibilities and authorities.
The Mayor is an elected official and serves as the
political head of the City government. In concert with the
Council, and with citizen input, he/she develops a vision
for the City. The Mayor presides over Council meetings,
votes in the event of a tie and has veto authority, and
with Council consent, appoints members of committees and
commissions.
This structure provides for a City Manager who serves as
the administrative head of the City government and is
responsible to the Mayor and Council for proper
administration of all City business, including City
utilities and property. The City Manager carries out the
policies and ordinances established by the Council, and
prepares and administers the City budget.
In this structure the Council, consisting of six (6)
Councilors, is the legislative head of the City government.
The Council appoints (and dismisses) the City Manager and
City Attorney, approves the City Budget, maintains
oversight of City operations and approves Mayor-
appointments to committees and commissions.