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HomeMy WebLinkAbout2006-0905 Council Mtg Packet CITY OF ASHLAND da, unless it is the on any subject not loc ted near the to amount of e 0 item under AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 5, 2006 Civic Center Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes] 1. Regular Council meeting minutes of August 15, 2006 2. Regular Council meeting minutes of August 18, 2006 (continuation of August 15 meeting) VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of September 10 -16 as "Eat Local Week" [5 Minutes) 2. Mayor's Proclamation of September 17-20 as the "2006 International Municipal Lawyers Association (IMLA) Annual Meeting" [5 Minutes) 3. Mayor's Proclamation of September 13 as "President Elisabeth Zinser and Don Mackin Day" [5 Minutes) VII. CONSENT AGENDA [5 minutes) 1. Minutes of Boards, Commissions, and Committees 2. Appointment of Steve Hauck to the Housing Commission 3. Approval of a Contract-specific Special Procurement 4. Approval of Sole-source Procurement and Public Contract Greater than $75,000 VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.040}) 1. Set Rates for AFN Wireless Internet Service [20 Minutes) IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum) COUNCIL MEE'lTNGS ARE 13ROADCAST LIVE ON CI L\NNEL 9 VISIT THE CITY OF 1\511LI\ND'5 WEB SITE AT \:VWW.A5HLAND.()R.1JS X. UNFINISHED BUSINESS 1. Approval of Chamber of Commerce Grant Contract Greater than $75,000 XI. NEW AND MISCELLANEOUS BUSINESS 1. Designation of Voting Delegate at Annual LOC Business Meeting [5 Minutes] 2. Discussion of Public Art Master Plan [30 Minutes] 3. 10th Annual Report on Implementation of the Valdez Principles [10 Minutes] 4. Update on the schedule to revise the Conservation Element of the City's Comprehensive Plan [15 Minutes] XII. RDINANCES RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Annexing Property and Withdrawing an Annexed Area from Jackson County Fire District NO.5 (593 Crowson Annexation)" 2. First Reading by title only of an ordinance titled, "An Ordinance Amending the Transient Occupancy Tax and the Food and Beverage Tax Provisions to Permit Fees to be Added if Deliquent Payments are Turned Over to a Collection Agency" 3. First Reading by title only of an ordinance titled, "An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts" 4. First Reading by title only of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Section 3.08.020 to Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials" ~5. Reading by title only of, "A Resolution Transferring Appropriations Within the 2006-2007 . Budget for Outside Legal Expenses" 6. Reading by title only of, "A Resolution setting a Public Hearing to Consider Settlement of a Property Ownership Dispute in Timberline Subdivision" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS None. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (ITY 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 rvIEFTTNGS ARE BROADCAST L1VL ON C1L\NNEL 9 VISIT THE ('ITY OF ASHLAND'S \VEB SITE AT W\VW.ASHLAND.OR.US MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 15, 2006 Civic Center Council Chambers 1175 E. Main Street ASJILAND CITY COUNCIL j'l,JEETING AUGUST /5,2006 PA GE / 0(7 CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.rn. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced there are volunteer positions available on the Housing, Forest Lands, and Bicycle & Pedestrian Commissions. APPROVAL OF MINUTES Executive Session Minutes of August 1, 2006 and the Regular Council Minutes of August 1, 2006 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Liquor License Application - Manna. 3. Liquor License Application - Pancho's Restaurant. 4. Liquor License Application - Vinyl Club. 5. Approval of personal service contract in excess of $25,000 for Bob Murray & Associates to Conduct an Executive Search for Police Chief. 6. Acceptance of Pedestrian/Bicycle Easement. Councilor Hartzell/Jackson m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC Philip Lang/758 B Street/Commented on the problem of runaway growth and housing costs. He stated that the growth and lack of affordable housing are the result of public policy made at the City level and stated the lack of citizen participation could be dealt with by practical, structural actions by the Council. Mr. Lang requested the Citizens Planning Advisory Committee (CP AC), which is provided for in the Comprehensive Plan, be reinstituted. Art Bullock/Requested the Council: 1) Implement the recommendation of the Charter Review Committee to form a water powers task force, and 2) Hold a public forum so citizens can learn what is at stake. Wendy Siporen/300 W. Main Street, Talent/Commented on the "Eat Local Challenge" and requested the City pass a proclamation for Eat Local Week at the next Council meeting. Ambuja Rosen/Requested the City adopt an ordinance prohibiting prolonged tethering of animals. She stated ASHLAND CITY COUNCIL AfEETlNG AUGUST /5, 20()(i PAGE:; 0(7 the City Attorney is reviewing her proposal and asked if there was anything else she could do to assist with moving this item forward. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Report on Regional Problem Solving (Kate Jackson). Councilor Jackson provided an update on the Greater Bear Creek Valley Regional Problem Solving project. She stated they are seeking public involvement for the second time and invited the public to attend the August 23,2006 meeting at the City of Eagle Point City Hall or the September 7,2006 meeting at the Talent Middle School Library. Ms. Jackson also noted the online Council packet contains the minutes, goals and policies, and maps related to this issue. Councilor Jackson presented a PowerPoint presentation which addressed: background, how the study area was chosen, organizations involved, alternatives, residential growth by decade, guiding goals and policies, project structure and primary roles, rural/urban buffering guidelines, final phase technical studies, urban reserve areas, and opportunities for public discussion. Colin Swales/461 Allison Street/Commented on the use of smart-growth and infill to make sure the land within the urban growth boundary is efficiently used and questioned if the City's Planning Commission has been involved in this process and been informed of what is going on. Ms. Swales asked for assurance that Ashland's policy stays in place and that is be an example to the rest of the valley. Councilor Jackson clarified her involvement with this project, stated Ashland still believes in its buildable lands inventory, and that the City does not need to annex. She also clarified the regional plan provides a framework that will need to be revisited every five years. 2. Fire Station No.2 Replacement Project & Bond Proposals. Fire Chief Keith Woodley presented the staff report and noted the work plan for the replacement of Fire Station No.2 was presented to Council on October 6,2005. Mr. Woodley requested authorization to place two measures on the November 7, 2006 general election ballot; one for the procurement of an aerial ladder truck and the second for the replacement of Fire Station No.2. He noted that project architects Hans Ettlin and Bob Thrapp of Peck Smiley Ettlin Architects were present along with Jim McNamara, who has been contracted by the City to provide project management and consulting engineering services for the project. Mr. Woodley stated the following presentation will address: 1) Why the fire station needs to be replaced, 2) What has determined the proposed size of the new station, and 3) How the project costs and budget were determined. Hans Ettlin and Bob Thrapp addressed the Council. They listed several issues with the current station and stated in their opinion, the station has no potential for remodeling and should be removed. The issues included: seismically unsound, inadequate housing for the equipment, code deficiencies, inadequate parking, no support facilities, no private areas for report writing or office support, no training facilities, no EMS support areas and no storage room. Mr. Thrapp explained the site is difficult to work with due to its narrowness and provided a description of the site plan and building design. Mr. Woodley stated Fire Station No.2 would primarily service the east side of the City and explained as call volumes increase, it will be less possible for the firefighters to congregate at one station and they will need to stay within their primary response area. He stated the proposed design of the new station meets the character of the neighborhood and would meet the operational needs of the department. He also noted the proposal includes narrowing the street in front of the station and installing a fire signal and a pedestrian crossing. ASHLAND CITY COUNCIL AfEET/NG A UGUST 15, 20li6 PAGE 3 of? Comment was made questioning the size and scope of the building. Mr. Woodley noted the increasing call volume of 7% - 10% each year and explained why it is beneficial to have coinciding rooms in Station No. I and No.2. He added they could reduce the cost of the project by storing some of the emergency vehicles outside and shrinking the garage area. Mr. Woodley clarified for Council that concern had been raised with the diesel exhaust and OSHA was brought in to perform testing. OSHA found that the level was not hazardous, but the smell of diesel in the sleeping, eating and living areas was undesirable. Staff installed weather stripping, which was recommended by OSHA, and attempted to pressurize the living areas, but this was not possible. Mr. McNamara commented on the budget of the project and noted the increase in construction costs over the past few years. He stated they have earmarked $250,000 for the fire signal with pedestrian option and have anticipated the Conservation Commission's recommendation for a sustainable green building. Comment was made expressing concern that Council was given no indication that construction costs would be higher than previously budgeted and it was questioned if they could reduce the cost before this is placed on the ballot. Mr. Woodley explained they worked hard to reduce costs and to ensure there would be no surprises. He stated this project would not exceed $5.5 million and it should come in under that amount. He also clarified the estimate anticipates the increased construction costs they have seen over the past year and noted the project cost could be reduced by parking some of the ambulances outside and removing two of the engine bays. Mr. Woodley noted an error on the materials provided to Council and clarified the aerial ladder truck proposal would not include any land acquisition or construction costs. He also clarified the width of Fire Station No.2 would not permit two emergency vehicles to be parked in each bay and the aerial ladder truck and Fire Station No.2 would be two separate resolutions and ballot measures. Suggestions were made to possibly reduce costs by sharing the aerial fire truck with Talent or Fire District No. 5 or constructing an opened apparatus bay so a smaller building could be constructed and added to in the future. Mayor Morrison stated the design was prudent and stated the increased cost was due to the general escalation of fuel, steel and other building materials. He questioned what would happen if the resolutions were not passed tonight. Mr. Woodley stated the F ire Department would have to make due with the existing station. City Attorney Mike Franell added if this is not placed on the November ballot, the City would face the double majority requirement under Ballot Measure 4750 until the November 2008 election. Councilor Silbiger/Amarotico mls to approve the Resolution ofthe City of Ashland, Jackson County, Oregon, calling a Special Election to submit to the voters a funding initiative for contracting general obligation bonded indebtedness for replacement of Fire Station No.2 in the amount of $5,500,000. DISCUSSION: Councilor Jackson voiced support for the motion. She stated they have been anticipating the construction of this station and if they wait another two years the costs will only increase. Councilor Hardesty stated that the proposed station is bigger and more expensive than it needs to be and expressed hesitation with placing this on the ballot since it is $1 million more than they budgeted for. Councilor Hartzell stated she supports the Fire Department, but thinks they need to live within the budget. Councilor Silbiger agrees there is some sticker shock and would like work on pairing it down some, but voiced support for placing this measure of the ballot and noted this structure will serve the community for at least the next 30 years. Mayor Morrison also voiced his support for placing this measure on the ballot and approving the resolution. Roll Call Vote: Councilor Amarotico, Silbiger, Chapman and Jackson, YES. Councilor Hartzell and Hardesty, NO. Motion passed 4-2. Mr. Woodley commented on the research that was done regarding the purchase of an aerial ladder truck. He noted that of the eight communities comparable in size to Ashland, Ashland is the only City without this piece ASffLAND un COUNCIL iHf~ETING AUGUST /5, 2000 PAC;f~ 40(7 of equipment. He clarified the City of Medford has an aerial ladder truck, however it would take them approximately 20 minutes to reach Ashland and the truck would only be available if it was not in use somewhere else and if there was a back-up crew available. Mr. Woodley recommended Council pass the resolution and allow the voters to decide whether to purchase this equipment. Councilor Jackson/Silbiger m/s to approve the Resolution of the City of Ashland, Jackson County, Oregon, calling a Special Election to submit to the voters a funding initiative for contracting general obligation bonded indebtedness for procurement of a fire department aerial ladder truck in the amount of $900,000. Roll Call Vote: Councilor Amarotico, Silbiger, Chapman, Jackson, Hartzell, and Hardesty, YES. Motion passed. 3. LEED Recommendations for the Proposed Fire Station No.2. Electric Department Director Dick Wanderscheid stated the Conservation Commission has been studying the Leadership in Energy and Environmental Design (LEED) program for two years and after substantial discussion they have unanimously recommended the City design, build and certify the new Fire Station to at least LEED Silver Standards and that they meet the additional requirements for a State Tax Credit for design assistance funding as per the sustainable building tax credit. Mr. Wanderscheid noted the options listed in the packet materials and stated staff's recommendation is Option #3. He clarified the certification fee is $40,000 and there would be energy consumption savings by building the structure to LEED standards. Comment was made questioning if the certification was necessary or whether staff could get LEED accredited. Mr. Woodley clarified the only way to get the tax credits is for the US Building Council to establish the structure as a LEED building. He also explained to "commission a building" means to hire someone with no vested interest to make sure everything is working correctly. Suggestion was made for the City to make this building as "green" as possible and for staff to look into solar access. Councilor Hartzell m/s to build the Fire Station as "green" as possible by relying on the expertise of the hired design team and existing staff expertise and ask staff to return in a reasonable time with a budget and a cost benefit analysis. Motion dies due to lack of second. Councilor Jackson/Amarotico m/s to pursue Option #5 to build the building to LEED standards, including commissioning and inspection. DISCUSSION: It was clarified this option is listed in the Staff Memo prepared by Dick Wanderscheid, which is included in the packet materials. Councilor Silbiger expressed his concern with spending the money to have a third party certify the building and suggested City staff perform this task. Councilor Amarotico stated it is more appropriate for this to be done by an outside party. Councilor Hartzell voiced support for spending the money on the ground, rather than on the certification. Roll Call Vote: Councilor Jackson, Chapman, Amarotico, and Hardesty, YES. Councilor Silbiger and Hartzell, NO. Motion passed 4-2. OTHER BUSINESS FROM COUNCIL MEMBERS Mayor Morrison announced the remaining agenda items would be postponed in order for Council to address the Mt. Ashland Expansion item. He proposed they take the next hour to discuss this issue and that the spokespersons for each side be given 20 minutes to give their presentation. Mayor Morrison noted they are not here to debate the expansion, but whether to approve or reject the proposed resolution and asked the public to keep their comments relative to the proposed resolution. Councilor Hartzell/Chapman m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCIL AfEET/NG AUGUST /5, 200n PAGE 5 of? 1. Council consideration of a resolution requesting that Mount Ashland Expansion not proceed until all Federal Court appeals are completed. Paul Copeland/Explained the resolution asks the US Forest Service and Mt. Ashland Association (MAA) to not proceed with construction, logging, or ski run development until the District Court and Appellant Courts have made final rulings. He stated the resolution does not seek to stop ski area expansion, it is not interfering with the ski area business, and it does not interfere with the lawsuit. He noted the City of Ashland is the special use permit holder and leases the ski area to MAA and the City would be liable for restoration in the event the ski area needs to be taken down. Mr. Copeland stated there is a single appeal and it is not going to go beyond that. He questioned why MAA is opposed to the resolution if they are not planning on logging before the appeal is completed. Leslie Adams/Stated the resolution is not pro or anti expansion; it is about democratic process and simply requests that MAA not proceed with the project before the courts have determined if the project is legal. She stated ifMAA proceeds with logging before the case has made its way through the courts, the City might find itself with a 70-acre clear-cut at the top of the City's municipal water supply. Ms. Adams noted she works for the Klamath Siskiyou Wildlife Center and gave examples of similar situations where logging occurred before final ruling. She cited several Oregon cities that have passed resolutions against old growth and roadless area logging in their municipal watersheds and requested that MAA respect the judicial process. Angie Thusius/Speaking for "Grandmothers & Friends in Green". Shared her concerns and commented on the importance for the full court process to happen. Ms. Thusius read the petition statement that had been circulated and signed by 1,100 citizens. She requested Council pass the resolution requesting MAA respect community values by allowing the full civic process to reach its conclusion prior to logging 70-acres in the municipal watershed. She stated the resolution directly reflects the petition statement and requested the Council adopt the proposed resolution. Bill Little/Stated there are three issues: 1) What is happening environmentally on the mountain, 2) What is the true legal status and what are the legal implications, and 3) If MAA moves forward and are given the right to move forward, what that means and what the impact will be. Mr. Little stated in 1991, MAA received approval from the US Forest Service to expand and since then they have spent $2 million on environmental studies, legal expenses and planning for the expansion. He stated the documentation provides solid information that shows they are good stewards on the mountain and their plan will be environmentally sensitive. He stated there is a group that will not accept anything they do, and every year this project it delayed the cost increases by millions of dollars. He stated if this process had not been delayed, they would have finished the expansion five years ago. Mr. Little stated this is not a City of Ashland issue, but is an issue between the Forest Service, MAA and the plaintiffs. He stated technically, the City has no right to intercede in this issue. He stated the resolution would have legal impacts and it breaches the agreement between the City of Ashland and MAA. Mr. Little stated the adoption of this resolution would be perceived by the community as a lack of support from the City and would dramatically affect their ability to perform fundraising. He stated MAA intends on following the full legal process and the recommendations of their legal counsel and would like to work with the City on this issue. He concluded by stating adoption of the resolution would damage the relationship between MAA and the City of Ashland. Doug McGeary/Stated he is a board member for Mt. Ashland Association. Mr. McGeary pointed out the lease agreement between the City and MAA lists a number of obligations and stated the proposed resolution would have an effect on the litigation. He noted a previous resolution adopted by the Council which assured ASlILAND CITY COUNCIL A4EETlNG AUGUST /5, 201J6 PAGE (j 0(7 MAA the City would not bring forward another resolution without first consulting with them. He stated they have expended resources and money on the reliance of the lease and this resolution. Mr. McGeary stated if their arguments prevail in court, which they are confident they will, the opposition has been clear they will appeal. He stated the resolution would provide ammunition and an influence to any future litigation. He noted the City's lease agreement with MAA states they have sole and exclusive use of the property and requested the Council delay adoption of the proposed resolution until after they have had time to meet with MAA. If the Council is unsatisfied at that time, then the resolution could be brought back forward for approval. Councilor Hartzell/Hardesty mls to approve the Resolution of the City of Ashland regarding construction and lodging in the proposed Mt. Ashland Ski Area Expansion Project with the elimination of Recitals A, Band C. DISCUSSION: Councilor Hartzell explained she removed the first three recitals because she felt it would be cleaner this way. City Attorney Mike Franell stated he agrees with the statements listed in Recitals A, B, and C and does not believe removing these phrases is necessary. He explained ifMAA were to go away, the City would be left responsible for complying with the conditions of the permit. He stated if the permit is revoked, the lease agreement terminates and expressed concern with the lack of a survivorship clause for Mt. Ashland Association's responsibilities for compliance with the permit conditions. In this event, the responsibility for the restoration and rehabilitation lies with the City. He noted the agreement does include a provision for a minimum liquidation value of assets to be maintained by MAA and includes an inflationary factor. Councilor Hartzell/Hardesty withdrew motion. Councilor Hartzell/Hardesty mls to approve the Resolution of the City of Ashland regarding construction and logging in the proposed Mt. Ashland Ski Area Expansion Project. DISCUSSION: Councilor Amarotico stated he is not currently in favor of the proposed resolution. He stated passage of the resolution without first having a discussion with MAA is premature. Councilor Silbiger noted the previous resolution and suggested they follow up with the actions requested in that document during a study session. He stated the City should have a discussion with MAA first, rather than this pre-emptive resolution. Councilor Hardesty stated they should consider the possibility that this could happen very quickly and voiced her support of the resolution based on the possible consequences both financially and to the health of the watershed. Councilor Jackson voiced support for moving forward with what they proposed in the previous resolution and noted there is an upcoming study session to address this matter. She commented on the need to discuss the restoration costs, the development of the QAlQC Team and discussion of the financial plan. Councilor Chapman agreed that this needs to be resolved the way it was previously planned and hopes this meeting will happen soon. He stated if the City cannot work things out with MAA, then they will come back to the resolution. Councilor Hartzell stated that asking both parties to respect the entire lawful process is not asking for too much. She stated it is appropriate to ask MAA publicly to not move forward until the courts have weighed in on the legality. Roll Call Vote: Councilor Hardesty and Hartzell, YES. Councilor Amarotico, Jackson, Silbiger and Chapman, NO. Motion failed 4-2. City Recorder Barbara Christensen noted the dates and times available for a continued meeting. Council agreed to continue the meeting to Friday, August 18,2006 at 12:00 noon. City Administrator Martha Bennett clarified a Study Session with MAA is currently scheduled for September 14,2006, however they could move it up to September 6, 2006. Council agreed they preferred the earlier date as long as staff would still be available. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code" Continued to August 18, 2006 meeting. If I AS'FfLA;V[) CflT COUNCIL ItfE/:'i'ING AUGUST /5,20116 PAGE 70(7 2. First Reading by title only of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Section 9.08.170C to Exempt Transitory Vehicles From the Nuisance Noise Provisions" Continued to August 18, 2006 meeting. 3. Reading by title only of, "A Resolution Accepting the Grant Offer of The State of Oregon Through the Oregon Department of Aviation in the Maximum Amount of $20,000 to be Used Under the Financial Aid to Municipalities Program in the Maintenance of Ashland Municipal Airport" Continued to August 18, 2006 meeting. 4. First Reading by title only of an ordinance titled, "An Ordinance Annexing Property and Withdrawing an Annexed Area from Jackson County Fire District No.5 (593 Crowson Annexation)" Continued to August 18, 2006 meeting. ADJOURNMENT At 10:30 p.m. the meeting was continued to August 18, 2006 at noon. Barbara Christensen, City Recorder John W. Morrison CONTINUED COlWCIL A4f~ETlNG AUGUST 18. 200(j PAGE I 0(4 MINUTES FOR THE CONTINUED MEETING ASHLAND CITY COUNCIL August 18, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Continued Meeting to order at 12:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Jackson, Silbiger and Chapman were present. Councilors Hartzell and Amarotico arrived at 12.05 p.m. Continued Public Input on Mt. Ashland Expansion Resolution Mat Marr/955 North Mountain A venue/Encouraged the Council to reflect on what is contained in the lease agreement between the City and Mt. Ashland Association (MAA). He stated the lease clearly states the relationship between the two parties should be that oflandlord and tenant. It also states significant alternations shall not be made to the permit area without the written consent of the !easer. Mr. Marr stated there would be a significant increase of financial liability to the City should the expansion proceed and stated Council should concern itselfwith: 1) Maintaining the quality of water in the watershed, and 2) Preventing increased liability to the City. Art Bullock/Commented on: 1) The financial liability to the City if the appeals process undoes the decision of the lower court, 2) Erosion control, and 3) Community relations. He voiced his support for a resolution that protects these interests without interfering with MAA's running of the business or the court case. Councilor Hartzell requested City Attorney Mike Franell to share his comments on this issue and asked for this topic to be discussed at a Study Session. Mr. Franell explained the agreement with Mt. Ashland Association will cease if there is a termination of the lessor's rights under the permit; he also noted there is no survivorship clause in the agreement that addresses restoration requirements. Mayor Morrison clarified discussion of this issue would be held at a Study Session. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code." City Administrator Martha Bennett clarified this would correct an error that was made when the Council adopted the new Building Code and requested Council adopt the ordinance and restore the Fire Code to what was adopted in November 2005. Councilor Jackson/Silbiger m/s to approve Ordinance #2829. Roll Call Vote: Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman, YES. Motion passed. 2. First Reading by title only of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Section 9.08.170C to Exempt Transitory Vehicles From the Nuisance Noise Provisions" City Engineer Jim Olson presented the staff report. He explained the Public Works Department operates two vacuum-style street sweepers and one of these vehicles operates from 4 a.m. - 12 p.m. in the downtown commercial zones and on the main arterials. Mr. Olson stated the sweepers exceed the allowable noise levels specified in the Ashland Municipal Code and requested transitory vehicles be exempted from the noise provision requirement. CONTINUED COUNCIL IHU..TfNG A ue; UST /8. 201M PAGE:: 0(4 Mr. Olson provided an explanation of the sweepers. He stated both are advanced machines and are very effective at removing microsized particles. He noted 3,000 cubic yards of debris was picked up last year and stated the use of mechanical sweepers or hand sweepers would not be effective for pm 1 0 reduction. Mr. Olson stated this issue came about as a result of a citizen complaint. He explained the sweepers are large pieces of equipment that travel slowly. He stated operating this equipment in the early morning hours is often necessary because the sweepers have to travel against the flow of traffic for short distances to sweep around islands and curbs and it is imperative that this be completed when traffic is lightest. He stated the Streets Department currently sweeps four days and week and stated staff has done everything possible to make the vehicles as quiet as possible. Mr. Olson clarified the noise levels of the equipment has been measured by staff and also clarified the City does maintain a sound level meter. Councilor Hardesty shared her experience with this matter and offered to assist staff with this problem. It was questioned if the Ashland Municipal Code addresses conditions in which exemptions may be made. City Administrator Martha Bennet clarified the noise ordinance has a specific process for exemptions. She stated when staff previously brought this forward as an exemption for the street sweeper, Council indicated they were interested in looking more broadly at whether the ordinance should regulate these types of vehicles. Councilor Hardesty questioned if staff had attempted to sweep by hand. Mr. Olson stated there is not adequate staff to do this. He noted that the City does design curb radiuses and bump outs with the street sweepers in mind and clarified one of the sweepers will be up for replacement shortly. He also clarified the downtown core, public parking lots, bike path, bike lanes and main arterial streets are all swept once a week. Tom Marr/955 North Mountain Avenue/Mayor Morrison read Mr. Marr's statement aloud. The statement requested the Council not change the noise provisions and requested all be held to the same rules. Lars Svendsgaard/183 Vista Street/Commented on the topography of the City and stated their home is located one block from the theatre. He explained there is a sudden and dramatic elevation change that has a great effect on the sound that is carried to their home and stated twice a week they are woken up at 4:30 a.m. by the street sweeper. He stated this noise can be heard miles away and voiced his concerns with how this matter has been handled by City staff. Mr. Svendsgaard requested that the City's Public Works Deparment be held to the law. Tracy Svendsgaard/183 Vista Street/Stated she does not object to clean streets, however at least 104 mornings a year they are woken early, are unable to go back to sleep, and suffer from the effects of sleep deprivation. She read aloud a section from the noise ordinance and stated a 4:30 a.m. operation violates the ordinance and this has had a detrimental affect on her health. Ms. Svendsgaard requested the noise ordinance remain in place for protection of the citizens. Dan Gunter/247 Oak Street/Stated he lives on the downtown route and has never been woken up by the street sweepers. He noted the sweeper used to come by three times a week and now it is down to just once. He agreed with the topography issue mentioned in the previous testimony, but stated he never hears the sweepers. Mr. Gunter stated that the sweepers, garbage trucks and delivery trucks are a necessity and this work needs to be done before traffic picks up. Mark Antony Salvioli/1015 B Street/Stated he is against changing the noise ordinance for the street sweeper and stated the ordinance is in place to protect the citizens. He stated the street sweeper starts at 4 a.m. behind him home and comes back every hour to dump the refuse. He stated it smells, there is dust, and it often puts out more dirt than it picks up. He shared his concerns that the Street Department intents to switch to a 24 hour CONT/NeED COUNCIL ItfEl:7/NG A UC;UST /8, 201J6 PAGE 30(4 program and requested the Council not change the law to make it legal for City services to ruin his neighborhood. Mat Marr/955 North Mountain Avenue/Stated the discussion is not about individual citizens or the street sweeper, but rather about the integrity of the noise ordinance itself. He stated the proposal before Council would make a significant exemption to a key City ordinance. He questioned the definition of a transitory vehicle and stated the ordinance would allow all cars to be exempt. Mr. Marr stated this would create a bad precedent and asked the Council to hold themselves to the same standards they hold everyone else to. Art Bullock! Asked Council to not move this ordinance to a second reading because: I) The term "transitory vehicle" is undefined, 2) The ordinance would exempt virtually any truck and the language is far broader than the problem, and 3) The language "guts" the entire noise ordinance and would allow any amount of noise from any vehicle that doesn't stay in the same place longer than 10 minutes. Mr. Bullock also suggested that the word "has" be inserted into Section 2 between "be" and "described", Council strike the phrase "to a commercial or industrial use" from Section 6, and insert the phrase "not less than 30 days after notification" after "public hearing" in Section 6(a). Colin Swales/461 Allison Street/Mayor Morrison read Mr. Swales written statement aloud. The statement noted Mr. Swales experience with the street sweeper noise, stated the historic residential neighborhoods above the downtown act like a natural amphitheater, and stated the use of the street sweeper would be best left until citizens are awake. The statement also requested the noise ordinance include a provision for backpack blowers. Tom Giodarno/2635 Takilma Way/Explained the area near his home is becoming a truck stop. He stated that trucks traveling the 1-5 corridor frequently pull off the interstate and park their vehicles behind his residential area. He stated the residents have complained and are preparing a petition to submit to the Council. Mr. Giordano stated the drivers leave their trucks idling all night long and asked the Council to look into this Issue. Councilor Hartzell stated she is not willing to support the proposed ordinance and suggested staff return with a range of options, including information on how often the sweepers operate, the equipment that is used, and cost effectiveness to provide this service in other ways. She stated the proposed ordinance is unacceptable due to the reasons brought forward by the public and stated it would create unintended consequences. Councilor Jackson agrees that they have identified some larger issues and clarified that staff is aware of the issue raised by Mr. Giordano and are working to resolve this problem. She stated that public vechiles and delivery trucks need to be able to operate efficiently, but stated the proposed ordinance broadened the restrictions too much. Mayor Morrison suggested Council direct this issue back to stafffor a broader look at the options and policies involved, and a potential rewrite of the noise ordinance. Councilor Chapman voiced support for looking at a new ordinance and possibly restricting noise in the City from 7 a.m. to 7 p.m. He suggested the noise ordinance include a ban on two cycle engines and requested they look at different ways to sweep the streets. He questioned if Council could issue a temporary permit so the City could continue to sweep the streets without breaking the law until these issues are resolved. Councilor Silbiger stated he does not support the proposed ordinance and agreed with Councilor Chapman. He noted he lives at the edge of a commercial zone and experiences truck noise. Councilor Hardesty noted she is willing to work with staff to review the noise ordinance and explore quieter CONnNUED COUNCIL AfEET/NG A UG UST /8, 20IJ6 PA GI:' 40(4 options, Councilor Hartzell left the meeting at 1:25 p,m, Staff requested direction from Council on a short term basis, Lars Svendsgaard/Stated his complaint never took a formal basis, stated they are defending habitability of their home, and thanked Mr. Peterson in the Streets Department for his efforts, Public Works Superintendent Mike Morrison suggested the Streets Department not start until 7 a,ill, for one month on a trail basis and see how it goes, Council voiced their support for this suggestion, City Administrator Martha Bennett clarified staff would not begin sweeping until 7 a,m. for one month and staff would schedule this item to come back to Council for additional discussion and direction. Mayor Morrison suggested the ordinance make a distinction between commercial, industrial and municipal use. He noted the necessity for municipal activities and stated they need to take a clear look at this in order to not hinder municipal activities. 3. Reading by title only of, "A Resolution Accepting the Grant Offer of The State of Oregon Through the Oregon Department of Aviation in the Maximum Amount of $20,000 to be Used Under the Financial Aid to Municipalities Program in the Maintenance of Ashland Municipal Airport." Councilor Silbiger/Chapman mls to approve Resolution #2006-23. Roll Call Vote: Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman, YES. Motion passed. 4. First Reading by title only of an ordinance titled, "An Ordinance Annexing Property and Withdrawing an Annexed Area from Jackson County Fire District No. 5 (593 Crowson Annexation)." Councilor Jackson/Silbiger m/s to approve first reading and move to second reading. Roll Call Vote: Councilor Silbiger, Hardesty, Chapman, Jackson and Amarotico, YES. Motion passed. ADJOURNMENT Meeting adjourned at 1:45 p.m. Barbara Christensen, City Recorder John W. Morrison CITY COUNCIL STUDY SESSiON AUGUST !O, 20()6 PAGE ! (~(3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL August 10, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 7:30 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Silbiger, Hartzell, Amarotico, Hardesty, and Chapman were present. Councilor Jackson was absent. 1. Presentation on Draft Final Report of Study bv the Police Executive Research Forum (PERF) Craig Fraser, Director of Management Services for Police Executive Research Forum (PERF) presented the Policing Ashland Final Report. He gave a brief summary of the company's background and their work history. Mr. Fraser commented that the issues seem to involve the style or role of the Police Department and the difference between two different styles of management. He stated that their report reflects comments made from elected officials, the business community, focus groups, staff and citizens that attended large public meetings. He felt that they had been able to get a good sense toward the style and direction for the Police Department. He stated that there were a series of scope items that were integrated into the report and the report would provide a blueprint for the department to move forward with. Mr. Fraser presented the following eleven elements from the report: · The transformation process should begin with the Chief of Police convening a task force to re- examine the Ashland Police Department's mission, vision and values. The task force should be composed on a cross-section of the APD and should include community representation. · Organizational Structure. The department's organizational structure needs to be altered to promote clear lines of authority, accountability, and responsibility. . The department should re-organize the patrol group to promote better coverage, enhanced opportunities for community engagement, time for problem solving and improved officer safety. . The department needs to reconsider the characteristics of the people it recruits, hires and promotes. . The department needs to reconsider how it trains its employees. This review should include entry-level training, field training, in-service training, and specialized training. Each should be considered in the context of how it supports community policing and problem solving. . Once members of the department have been trained in community policing and problem solving, the Police Department should take the lead in establishing several problem solving task forces. Based on issues raised during site visits and in subsequent communications with PERF staff, problems ripe for attack include homelessness and transient populations, perception of disorder downtown and police/youth relationships. . The department needs to create a performance appraisal system that not only strives to recognize and measure traditional police skills but also community policing and problem solving behaviors. This combination of factors should be integrated with regard to every position in the department. A useful system will require that supervisors spend a substantial amount of their time in the field observing how officers operate and provide service, both in a law enforcement and community engagement context. CITY COUNCIL STUDY SESSION A UG UST 10, 2006 PAGE 2 of3 · The department should create a career development system so as employees become skilled and adept at community policing and problem solving they can advance in pay and status. These skills should be rewarded as should traditional skills that come with experience and advanced training. · The department needs to improve both internal and external communications. · The Ashland Police Department should reconsider elements of its employee disciplinary process. · The Ashland Police Department should reconsider elements of its Use of Force and Critical Incident policies and procedures. Mr. Fraser stated the key to success is moving forward and a commitment by the department for community problem solving. He asked that the Council consider the sequence of these recommendations and noted the need to hire a new Police Chief. He explained that implementation of these recommendations would be a 6-12 month process and that substantial action should be taken within a year's time, but he acknowledged that it would be dependent upon hiring a new Police Chief. He explained that their approach was to create a structure on how a department should work, which included a strong sense of vision, outreach in the community, and a strong set of values. He felt that this plan would give the community an opportunity to determine what they want and how to interact with the department. Mr. Fraser held discussion with the Council regarding providing officers with less lethal means of force. He explained different tools that could be used, including pepper spray and tasers and stated there are alternative methods for the community to consider. He explained it is usually "Structure vs. People" and that it was important that the right structure be put in place and to look at how people react to the structure. He stated that it is best developed around solving problems. Mr. Fraser also stated that it was important to have the community involved in how the department is doing through interaction with Councilor annual community surveys that have specific questions. Discussion was had in regards to why some police officers to do not live in the community and several examples were given, such as officers not wanting to be "24 hour cops" and that they choose not to live in the community they work in. It was noted that focus groups had indicated their desire for officers to be part of the community. There was a recommendation that we explore an affordable housing program. Discussion was had regarding the use of Mobile Data Computers (MDC's) and how effective they are. It was recommended that monitoring officers use of time would be the role of the sergeant and further information on statistics for reports from MDC's could be obtained from the Medford Police Department. It was noted that the School Resource Officer Program (SRO) was found favorable by a number of people and that it was an opportunity to have a connection between the police department and youth. Further discussion was had on the importance of training and the level of training that is offered by the State of Oregon. It was explained that the state's basic training is a ten-week course and that previously it had been a 2 I-week course when it was the Police Corps. Mr. Fraser encouraged supplemental training and stated the field training program develops skills in problem solving and community policing. PERF recommended adoption of the Police Training Officer program developed by the Community Oriented Policing Services Office of the Department of Justice. Mr. Fraser suggested using the PERF report when hiring the new Police Chief as it would be a useful way to ask candidates to give their perspective. CiTY COUNCiL STUDY SESSION A UG UST 10, 2006 PAGE 3 of] John Stromberg/252 Ridge Road/Questioned how the City should go about getting members of the Police Department who are reluctant to this style of policing to participate in the actions recommended in the report. Mr. Fraser stated that he believes there will be a number of officers who want to get involved. He also recommended the City recruit individuals that have experience with community policing. Interim Police Chief Ron Goodpaster noted the department has already taken steps to get a person in the organization that is more prone towards community policing and problem solving and have revamped the hiring process, changed the psychological review, and reorganized the field training program. Mr. Stromberg asked how the recommendations of the task force would be formalized. Mr. Fraser recommended this be approved by the Council and noted the importance of having a level of approval from the community. Mr. Goodpaster noted the use of a citizens advisory committee to make sure everything stays on track after the recommendations are adopted. Mat Marr/955 North Mountain AvenueINoted he is a member of the Ashland School Board and asked which of the two positions (School Resource Officer or Youth Diversion Position) they should prioritize. Mr. Fraser recommended the School Resource Officer and suggested the School Board contact other school districts who have implemented this position to discuss their concerns regarding whether the officer must carry a firearm. He clarified funding sources for this position varies and commented on the importance of sustained interaction with the youth. Councilor Chapman requested staff schedule a time for Council to get a more complete feedback from the Interim Police Chief and the City Administrator. City Administrator Martha Bennett clarified the Council will need to have a discussion on which parts of the report they would like to adopt and recommended additional public input before they take action. She noted that unless directed otherwise, staff will use the report as part of the recruitment process. Council questioned the difference between the draft and final report. Mr. Fraser explained there was some expansion in the final report and they fine tuned some wording, however there were no substantiative changes. Mayor Morrison noted a typographical error on page 15 and stated the date was incorrect. Request was made for Council discussion of this issue to be scheduled in way that allows time for meaningful public input. ADJOURNMENT Meeting adjourned at 9:02 p.m. Respectfully submitted, Barbara Christensen, City Recorder Bicycle & Pedestrian Commission July 20th, 2006 Regular Minutes Roll Call Council Liaison: Staff: Tracy Harding David Young Selene Aitken (absent) David Chapman Derek Severson, Associate Planner (absent) Steve McLennan, Police Officer (absent) Paige West, RVTD/TDM Planner (absent) Vacant Arnold Bleicher (absent) Chair Dylan Robbins Paul Rostykus (absent) RVTD liaison: High school liaison: SOU liaison: Nathan Meyerson Call to Order Chair Robbins called the meeting to order at 5:20 p.m. Approval of Minutes - June 15th, 2006 The minutes of June 15th, 2006 were approved as presented. Voice vote: All A YES. Motion passed. Public Forum None. Subcommittee & Liaison Reports Robbins read memos from Planning Staff Liaison Severson on the status of the current budget and installation of skateboard racks on the plaza and at the Library. Members discussed placement of the racks at the Library, and noted that if the racks couldn't be installed adjacent to the bus stop at the sidewalk, they would like to see signage at the entrance making people aware of the skateboard racks in the rear. SOU Liaison Meyerson presented an informational quarter sheet on the Ashland Community Bike Program, and noted that there was a front page article regarding the program. He noted that they are still conducting weekly bike clinics at the Tuesday Growers' Market at the Armory. He added that there are weekly work parties on Saturdays at 6:00 p.m. at the bike shed on the SOU campus. Council Liaison Chapman gave a status update on the helmet distribution program that he has been working on with Traffic Safety Commissioner Keith Massey, and provided sample vouchers that are being distributed for children to pick up helmets at the Parks Department. Harding noted that ten bikes are being given to the migrant Head Start program through the Community Bike Program, and that these vouchers will be provided with the bikes. Discussion of Use of Bike Swap Funds & BT A FundinQ Harding asked that members begin thinking creatively about ways to use this recurring annual funding source, and she suggested that one option she felt merited consideration was to provide funding for the BTA Bicycle Safety Education programs that the Commission has co-sponsored since 1999. Robbins indicated that he thought this was a great idea, given that it was a program that was in place and staffed and only needed to be expanded. He questioned whether the program had any room for expansion. Dubois noted that the primary limitations were staffing and weather, and reported that an experienced BT A instructor from Corvallis would be moving to Ashland. He explained that the maximum classes one instructor could teach would be three during one term, but added that with the addition of a new instructor it would open up additional opportunities for more classes and or programs in additional schools. Dubois added that he would be approaching the new principal at Bellview. He concluded that if funds were available, as they appear to be with the addition of the Bike Swap funds into the mix, it would appear to be possible to offer bike safety training in every school in Ashland. Members discussed the logistics of offering classes in each school without doubling up and the difficulties for one instructor to teach every student in each school; Chapman suggested a varying curriculum that would avoid duplication of the classes taught to individual students. 2006-0720 Bike & Ped minutes Page 1 of4 Members discussed the recent implementation of a skateboard class, and suggested that some rules of th~ road needed to be included in this training as well. Dubois noted for Chapman that he had materials in Spanish as well to accommodate Spanish-speaking students, and that he could provide these materials for anyone who needed them. Harding noted that the per class cost according to the most recent BT A information was $800. Members discussed the number of classes to be taught. Young noted that he feels the BT A programs are great, but that the budget submittal was insufficiently detailed for his taste. Robbins noted that if others felt the same, there could be a request for additional information. Chapman concurred with Young, and discussed the fact that the program was originally intended to become se1f~sustaining, or that it would at least decrease in cost as interested parents were trained to assist and a bicycle library was established. Dubois explained that the budget was an average cost based on the BTA's programs statewide, and he added that in particular insurance was very costly. Young stated that he would prefer to see a direct cost breakdown of the program in Ashland and an honest assessment of additional costs that go directly to the BT A. Dubois noted that in the past year, for instance, almost half of the bikes in the program had to be replaced. He concurred that it would be good for Ashland if the program were to become self-sustaining, and he discussed that at present more funds are available in Ashland than anywhere else in the state. He noted the difficulty in fundraising, and emphasized that this was an on-going problem even in Portland. He added that the programs in Talent will likely be discontinued unless a funding source there is found. Chapman suggested that self-sustaining satellite programs that paid a membership fee to the BT A would benefit BTA as well as the individual communities, but he indicated that the current percentage going to the BTA was excessive. Members discussed the historic difficulty in fundraising, noting that in the past more than one third of instructors' paid time went to fundraising. Dubois added that he is not paid for fundraising or meeting attendance, he does these things on his own time to support the program. Chapman noted that fundraising is a budgeted item. Dubois noted that BT A does not have the staffing to do itemized per class cost breakdowns for each city's programs; he stated that the costs provided are an average for their statewide programs. Robbins questioned whether it was up to the BT A to make the program self-sustaining, and to explain how they proposed to do so, or if it was up to the Commission and the community. Dubois explained that there is an instructor training and certification program in place; members questioned whether bike swap funds could simply be paid to an instructor who would pay BT A to provide training and administrative support. Dubois discussed the advantages of centralization, noting in particularly that umbrella insurance coverage statewide would be less costly that individual insurance for diverse, separate programs. Chapman suggested that BT A could provide umbrella insurance for individual franchisee communities. Dubois noted that this would require a wholesale change in the BT A's structure, and he was uncertain if BT A would be willing or able to do this. He suggested that the more realistic scenario would require individual communities to break with BT A and institute their own programs, and he reiterated that insurance would be a huge issue. He noted that supporting the BTA brings with it their political advocacy and the state and national level and their nationally recognized model for bike safety training; instructor training and pay; bicycles and their maintenance. Chapman expressed concern that the percentage of funds going to the BT A in Portland was money that could be used locally for more classes. Dubois noted that BT A receives grants and funding from other sources, and that their programs in every community are subsidized through other funding sources. Young indicated that he would like to see the annual budget for BT A, and reemphasized his desire to develop a self-sustaining program. Dubois noted that there are two people at BT A dealing strictly with advocacy at the legislative level, then one person who deals strictly with Safe Routes to School, two who deal with bicycle safety education, and a clerical support staff. Robbins indicated that it appeared additional information was needed. Harding suggested opening discussions with BT A about whether a reduced cost would be possible with additional classes. 2006-0720 Bike & Ped minutes Page 2 of4 Chapman noted that if Bike Swap funds were used, it would free up Commission program funds for both the Bicycle and Pedestrian Commission and the Traffic Safety Commission to do other things. It was emphasized that the Bike Swap funds were earmarked for bike safety education from the start. Members asked for additional information and a discussion of becoming self-sustaining, and whether the BT A would support a self-sustaining program. Dubois reiterated that the cost statewide for BTA's program is $800 per class, but that even if the city doesn't pay for every class taught the BT A will subsidize the program in Ashland. Harding stated she would like to give BTA ninety percent of the Bike Swap funds, but she recognized that this would still not cover the cost of BT A offering classes in every school. Robbins noted that he would also like to see the funds go to prepare a valley-wide bike route map, with color-coded traffic volumes. Young indicated that he would like to see expanded community education programs. Harding noted that the Parks Department has been offering classes. Robbins suggested a bike commuting training would be valuable. Dubois noted that he would be presenting a bike workshop for teachers on September 151 to discuss lifestyle issues around bicycle commuting. Harding noted that she has been working with RVTD to approach employers about presenting similar programs. Dubois noted that teaching school teachers would hopefully result in their leading by example. Young suggested that there was a need to shift the focus of these programs from employers to the community. Dubois noted that hills are one of the biggest issues for commuters in Ashland. Harding noted that Car Free Day was an excellent venue for presenting commuter training. Chapman suggested funding an Ashland version of the BikeFirst program that RVTD has been doing in Medford. Young noted that all of these ideas were tied to promotional costs. Members suggested that they should develop a list of questions for BT A, and to ask themselves about the direction this program is going. Dubois agreed to contact Scott Bricker to see if he would be willing to attend the next meeting. Members stated that they would consider and decide next time how much could be dedicated to fund BT A. Chapman suggested looking at a sliding scale based on the number of classes, as administrative costs should be reduced at some point. Young noted that it was important to remember that BT A's cost is $800 per class, whether it comes from the Commission or other sources; he suggested that the Commission commit as much as it is comfortable with and if that does not get the number of classes desired looking at something else. United Bicvcle Institute (UBI) Scholarship Harding noted that she had thought of this as another idea for use of available funds, which would allow someone for instance from the Ashland Community Bike Program to gain new knowledge as a resource for the community. Harding added that Dave Nourie was also hoping to raise funds for a covered indoor space that would serve as a performance, recreational and educational space. Chapman noted that the American Wheelmen offer commuter classes, and he indicated that there is a local instructor (Bill Hyman) who teaches the certification classes for commuter and touring trainers. Robbins expressed his support for a UBI Scholarship, hopefully at a reduced rate; Young suggested adding a proviso to require that any recipient would need to sign a contract to reimburse the Commission if they didn't remain in the community as a resource for an agreed to period of time. Lea!:lue of American Bicvclist's BFC Feedback Letter Robbins explained that the redemption of Ashl<md's bronze status through May of2008 included recommendations to improve that status. He noted that the recommendations included programs and events to encourage additional bike commuting, expanding the Safe Routes to School program to every school, and increase bike route and trail network connectivity. Harding noted that BT A is considering a Bike Commuter Challenge in Ashland. Robbins suggested discussing this next time, and looking at ideas and time lines for implementing these recommendations. 2006-0720 Bike & Ped minutes Page 3 of 4 Car Free Day (Friday. September 22nd) Harding noted that there is a lot to do in preparation, and more now with Sommer's resignation. Harding stated that she would welcome any and all assistance; she noted that a regular meeting time needed to be established and she stated that this was likely one of Sommer's frustrations. Harding noted that she and West have been working together at RVTD and can continue. She stated that she would compile and e-mail a progress report. Robbins asked for a list of specific tasks so that people could take them on in their own time. Harding stated that Sommer had already completed her tasks, including preparing and distributing the merchant letters and making personal contact with individual merchants. Int'l BikelWalk/Scooter to School Day (Week of October 2nd throuQh 6th) Harding noted that Wednesday would be the big day, with events at Walker and Helman, and stated that for the Commission the biggest contribution would be through volunteers. Harding noted a parent and a teaching assistant were championing the program at Helman. New Business Young noted that he had made contact with the Grange Co-Op about installing bike parking. He indicated that they have plans for a bike rack next to the entrance; he indicated that it would take a while unless the city could provide or purchase a rack. Harding and Meyerson discussed the possibility of using left-over racks from SOU or having them welded in a shop class. It was noted that inverted U-racks are the standard, and a varying from this standard would require approval of this commission. It was requested that Severson determine if the City has any racks available. AQenda Items for Next Month BT A Funding Decision; Discussion of other uses for Bike Swap Funds; Timelines for implementing League Recommendations; Car Free Day Adiournment The meeting was adjoumed at 7: 10 p.m. Upcomina Meetinas: 5:15 P.M. Thursday, August 17th - Regular Meeting in the Siskiyou Room 2006-0720 Bike & Ped minutes Page 4 of4 CITY OF ASHLAND Minutes Conservation Commission 07/26/06 These Minutes were approved by Conservation Commission at the August 23, 2006 Conservation Commission Meeting. July 26, 2006- 7:00 pm Community Development Building 51 Winburn Way Ashland CALL TO ORDER Acting Chairperson Chapman called the meeting to order at 7:05 p.m. in the Community Development Building. ROLL CALL Attendees: Risa Buck, Russ Chapman, Stuart Corns, Ross Finney, Lindsay Gerken, and Melissa Schwisguth were present. Jim Hartman and Kathryn Houser were absent. City Council Liaison: Alex Amarotico, not present Staff Liaison: Dick Wanderscheid APPROVAL OF MINUTES Acting Chairperson Chapman asked for an approval of the June 28, 2006 minutes. Commissioner Chapman noted he was not present at the last meeting. Also noted Acting Chairperson Finney called the meeting to order, not Chairperson Amarotico and Mr. Wanderscheid read the hazardous waste report, not Mr. Finney. Commissioner Finney made a motion to approve the minutes of June 28, 2006 with stated corrections, and Commissioner Buck seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. The minutes of the Conservation Commission Meeting of June 28, 2006 were approved. PUBLIC FORUM None present. ASHLAND SANITARY & RECYCLING UPDATE: Commissioner Chapman reported that almost $1200.00 of the florescent bulb grants has been used. The rate of usage is steadily picking up. There was some discussion about an exit strategy from grant money to other sources of payment for the disposal of the florescent bulbs for example, matching funds, community project, education, and donations. OLD BUSINESS Commission Green Tag Bag Sponsorship Mr. Wanderscheid read an email from Bonneville Environmental Foundation regarding a give away of a canvas shopping bag to the first 200 residents that sign up for the renewable pioneers CC Minutes 07 26 06 doc.doc Page 1 of 4 program. This bag with have spaces for 12 logos, black and white only, large and small, for businesses in the program already. The members discussed putting Where the Green becomes Mainstream on the canvas bag. Commissioner Finney made a motion to buy the $50.00 logo for the Green Tag Bag, Commissioner Schweisguth seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. LEED Discussion/Recommendation Mr. Wanderscheid reviewed with the Commission, the memo dated July 26,2006, and the 6 options for the Commission to recommend to the City Council in regards to the construction of a LEED building. He then read the following options: Option 1 Option 2 Option 3 Option 4 Option 5 Option 6 Do nothing and build the proposed fire station to existing Oregon Energy Code Standards. This is a course of least resistance and relies on State Commercial Energy Code requirement to dictate the energy efficiency measures that are installed in the building. No other sustainable measure outside energy would be considered. Work with the design team to implement energy and water efficiency and sustainable measures into the building using life cycle cost analyses and cost/benefit analyses. Depending on the quality and sustainable knowledge of the design team, this approach could result in a quality building. Use the same approach as Option 2 but also utilize the services of an additional design team component that has expertise in Green Building and could work with the design team to not only incorporate sustainable features, but would also be retained to help ensure the features get installed correctly and work properly after completion of the building. Build the new Fire Station to the LEED Silver standards but don't actually spend the time, money or effort to get the building certified. This would reduce the costs of building because the verification and certification costs would not be incurred. Commissioning the measures could either be included or excluded in the option. Build the building to the LEED Silver standards, follow through and certify the building to ensure compliance. This option would include commissioning the building as that is a LEED certification requirement. The City would then carefully consider the cost and benefits of the LEED certification process to determine if a policy should be enacted to require LEED Certification on other future municipal facilities. This option includes all of Option 5 but also initiates a policy to begin implementing LEED Existing Building (EB) certification for existing City facilities. This would probably mean adding at least 1 FTE of new staffing to operate such a program if this option is chosen. He stated that any of the options seemed like a reasonable approach, and that staff recommended that the commission forward to the City Council the following recommendation: The Ashland Conservation Commission recommends that the City build and certify the new Fire Station No 2 building to LEED Silver Standards and that we apply for a State Tax Credit for design assistance funding as per the sustainable building tax credit. Further we should evaluate the LEED process and program to see if future City facilities should be constructed to these same LEED standards. The members discussed in detail all the options recommended, and the financial, practical, and CC Minutes 07 26 06 doc. doc Page 2 of 4 responsible aspects of each one. They discussed prior buildings that were constructed to LEED standards and also the frustration of extra costs associated with building to LEED standards. They discussed the different levels of standards for LEED construction and how the standards effect the building. After a lengthy discussion the members agreed to forward the recommended statement. Commissioner Finney made a motion to recommend the stated recommendation and Commissioner Corns seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. NEW BUSINESS Bio Diesel Discussion Commissioner Buck reported that Portland was proposing to adopt that every fueling station was to have both ethanol and bio diesel. She was interested in the Ashland Fleet Vehicles moving toward B20 which are 20% bio diesel and 80% diesel as a way to increase air quality and depends on petroleum. Mr. Wanderscheid reported the City Council directed staff to look into Bio-Diesel, but that this was out of the realm of this Commission, more under Transportation. Public Works researched for the Council and reported back that manufactures would not warranty vehicles if we ran on bio-diesel. SUBCOMMITTEE REPORTS 1. Garbage Land Sub-Committee Will meet next month on August 29th, 6:30 at the Standing Stone Brewing Co. 2. Education/Events Compost Class-August 5, 2006 3. Green Business Commissioner Finney reported the subcommittee is developing plans to have an outreach target for the Hotel/Motel businesses. Next meeting is Tuesday, August 15th at 6pm at the Community Development building. COMMISSION ITEMS NOT ON THE AGENDA Mr. Wanderscheid announced the IRS Federal building was flooded and therefore delayed the bond applications. Also, he remarked that some of the City Councilors use to brain storm projects and David Chapman would like to reinstitute this process. The Commission agreed to include this on the next agenda, ask him to come and talk about ideas he has and possibly develop another sub-committee to implement. ANNOUNCEMENTS Next meeting date, August 23, 2006. Commissioner Buck will give a PowerPoint presentation tomorrow night, July 2ih on sustainable urban homestead, beginning at 7:30pm. ADJOURNMENT Meeting adjourned at 9:03 pm. CC Minutes 07 26 06 doc. doc Page 3 of 4 Respectfully submitted, Mary McClary, Assistant to Electric Department CC Minutes 07 26 06 doc. doc Page 4 of 4 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Minutes August 2, 2006 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room Historic Commissioners Present: Dale Shostrom, Molly Owens-Stevenson, Terry Skibby, Henry Baker, Sam Whitford, Rob Salad off, Absent Commission Members: Jay Leighton, Tom Giordano, Keith Swink Council Liaison: Vacant Hiah School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Maria Harris, Senior Planner Staff Absent: Billie Boswell, Administration CALL TO ORDER - REGULAR MEETING At 7:05 pm, Chairman Dale Shostrom called the regular meeting to order. APPROVAL OF MINUTES Mr. Whitford made a motion to approve the minutes and it was seconded by Mr. Baker. The motion passed unanimously by the commissioners present. PUBLIC FORUM: No speakers PUBLIC HEARING Planning Action 2006-00612 160 Helman Street Site Review Siskiyou LLC/James Batzer Chairman Shostrom read the description of the project and verified there were no conflict of interest issues. Ms. Owens-Stevenson abstained since it was her first meeting and she had not been present at the previous discussions. Mark Knox of Urban Development Services and Mark McKechnie, architect for Batzer Construction, described the changes they made to the plan per previous suggestions from the Historic Commission. They answered several questions about the color and type of detail materials such as blue metal roofing, cream stucco with stipple finish, red brick, grey ground block, blue horizontal siding with wood trim, vinyl windows and shiny metal chimneys. Chairman Shostrom pointed out several discrepancies between the different plan views and elevations and commented how confusing they were. Mr. Knox requested that Condition 21 be amended to add "heavily" to the window tinting sentence so that it reads". . . the windows shall not be heavily tinted so as to prevent view from outside....) There being no further questions of the applicant, the meeting was opened to public comment. Ron Davies, 6795 Rapp Lane, who owns 129 & 159 Helman and a business at 157 Helman, said that the City of Ashland promised to have transition at Central and Helman in the Haines development. He said the E-1 district Ashland Historic Commission Minutes 8/31/2006 CITY OF ASHLAND on A Street from Eighth Street to Van Ness Avenue would have no three-story buildings. He was in favor of the building but not three-stories high. In rebuttal, Mr. Knox pointed out that the zoning allows building heights to 40 feet and other 3-story buildings have been approved for construction in the area. He said this is the "gateway" into the railroad district. Building 1, on the southern portion of the site, is designed to blend with the residences in that area. Mr. McKechnie described the third story as more of a clerestory that will contain two bedrooms. Mr. Knox explained that the idea of the clerestory was taken from a historic photo of a mill that was located on the site. Since there was no one else in the audience wishing to speak, the public meeting was closed. Chairman Shostrom was concerned that compared to other buildings in the area, this project seemed larger in bulk and scale because of the minimal setbacks from Helman Street. Mr. Saladoff and Mr. Whitford felt the way the Building 1 was broken up minimized the impact and made it more comparable to the new building at the corner of Helman and Van Ness as well as the existing Pyramid Juice building. Mr. Saladoff pointed out that the redesign of the corner building was not shown in the plans. He was also concerned about all the varied materials used on the bump-out elements of the buildings and the lack of a sense of entry. Chairman Shostrom and Mr. Saladoff pointed out numerous discrepancies in design details throughout the different site and elevation plans making it difficult to know what is be proposed. Mr. Skibby commented that he supports the project and would not want to see it denied. Mr. Saladoff stated that there was enough uncertainty in the drawings that he would recommend a continuance. Chairman Shostrom made a motion to recommend a continuance because current inconsistencies and lack of detail on the plans make it too hard to figure out if the proposal meets applicable criteria. Without accurate information, the Historic Commission can not make an evaluation of the proposal's mass, bulk and scale as it relates to the applicable standards. Recommend submitting revised plans to include the following items: 1. Need consistency between plan views and elevations 2. Show change in design of the corner building 3. Show architectural details 4. Enhance sense of entry on Building 1. Also, show ALL entrances on the elevation views. 5. Provide description of hard materials such as stucco finish, brick type, etc. 6. Provide sections of the exterior walls in order to show materials, windows, trim, and overhang. 7. Recommend increasing the size of the yd story step-back on the corner of Building 2. (Currently 2 feet). A cascade effect would lessen the impact of the yd story on the Helman Street side to provide a better transition with the residences on the West side of Helman. 8. The yd story needs a top or cornice added for compatibility. Mr. Saladoff seconded the motion. The vote was unanimous with Ms. Owens-Stevenson abstaining. DISCUSSION ITEM(S): Planning Action #2005-01674 11 First Street Design Modifications Bill Emerson Mr. Emerson explained to the Commissioners that the property owner is concerned about the cost of the building and they are looking at cost cutting changes to the original design. One proposal is to change the brick veneer exterior to a brick textured plaster or possibly stucco. Another alternative is to reduce the building size to two stories instead of three. Ashland Historic Commission Minutes 8/31/2006 2 CITY OF ASHLAND Mr. Saladoff and Mr. Whitford felt the exterior architectural design proportions would be off if just reduced to a two-story. The design elements such as the column widths and cornice height would need to be adjusted to the new scale of the building. There was consensus among the Commissioners that they were OK with the plaster or plaster-brick exterior, however, Chairman Shostrom stated he would have to see the completed design before making comment. OLD BUSINESS A. Review Board - Following is the month's schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: Au Au Au Au B. Proiect Assiqnments for Planninq Actions P A #2000-120 485 "A" Street ( Steve Hoxmeier) Shostrom P A #2004-102 832 "A" Street ( Ilene Rubenstein) Saladoff P A #2004-11 0 150 Church St Robert M. Saladoff) Whitford P A #2004-138 234 Vista St (Sid & Karen DeBoer) Saladoff P A #2004-154 180 Lithia Way (Archerd & Dresner) Leiqhton P A-#2004-160 685 A Street (William Reeves) Swink PL#2005-01226 820 "c" Street (Randy & Helen Ellison) Shostrom PL#2005-01674 11 First Street (Ron Yamaoka) Skibby PL#2005-02105 145 East Main St (Urban Development Services/SERA Arch) Giordano/Baker PL#2005-01307 125 Sherman Street (Russ Dale) Shostrom PL#2006-00057 247 Third Street (Marc Valens & Anne Golden) Saladoff P A#2006-00441 160 Nob Hill (ARU-Dan Heller & Don Sever) Whitford P A#2006-00453 175 North Main (First Methodist Church Remodel) Swink P A#2006-00875 .520 Fairview Street (Stewart Ward-Porch) Swink P A#2006-00877 A Street between 5th & 6th Streets (Tax Lot 6507 - Jerry Kenefick) Leiqhton P A#2006-00612 160 Helman (Siskiyou LLC & James Batzer) Shostrom C. Lithia Fountain Repair - No Report D. Historic Reconnaissance Survey Status - No Report E. Lithia Sprinqs National Reqister Nomination - No Report F. Sinqle Familv Residential Desiqn Standards - No Report G. Co-Sponsorship with Conservation Commission for Fall Workshop - No Report NEW BUSINESS Ashland Historic Commission Minutes 8/31/2006 3 CITY OF ASHLAND ITEMS NOT ON THE AGENDA 1. Mr. Whitford passed out an invitation from the Southern Oregon Historical Society for tours of their facilities. 2. Chairman Shostrom asked about the status of the Demolition Ordinance changes. Ms. Harris said the City Council postponed action until the Legal department and the Historic Commission could review it. 3. Mr. Skibby reported that he had been told by a homeowner that they were unable to get insurance on their house because it was on the National Historic Register. He said Tom Giordano had checked with Allstate Insurance and was told they don't insure because of the yearly Open House requirement. Mr. Whitford stated that his home is on the historic register and he has had no problem insuring it through his insurance company. ANNOUNCEMENTS The next Historic Commission meeting will be on September 6, 2006 at 7:00 pm in the Siskiyou Room. ADJOURNMENT With a motion by Mr. Saladoff and a second by Chairman Shostrom, it was the unanimous decision of the Commission to adjourn the meeting at 10:30 p.m. Ashland Historic Commission Minutes 8/31/2006 4 CITY OF ASHLAND Council Communication Appointment to Housing Commission Meeting Date: !Mseptember 5, 2006~ Department: City Recorde~ttJJA A Approval: Martha Benn7fvI'1 Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Confirmation by Council of the Mayor's appointment of Steve Hauck to the Housing Commission for a term to expire April 30, 2008. Background: This is a confirmation by the City Council on the Mayor's appointment for the Housing Commission on applications received. This vacancy was created when Alice Hardesty was appointed to the City Council. Council Options: Approve or disapprove Mayor's appointment. Staff Recommendation: None Potential Motions: Motion to approve appointment of Steve Hauck to the Housing Commission for a term to expire April 30, 2008. Attachments: Applications received r~' CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE ~ Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name Jason Richard Houk Requesting to serve on: Housing Commission ( Commission/Committee) Address 330 High Street Apt. 4, Ashland Oregon 97520 Occupation Advertising / Design Phone: Home Work Email Fax 541-482-4631 541-776-4392 iason@kskq.org 541-776-4369 1. Education Background What schools have you attended? Southern Oregon State College What degrees do you hold? I hold no degrees What additional training or education have you had that would apply to this position? I am well-versed in marketing and media communications. I would be an asset to PR and communications projects. I am an advocate of citizen journalism and open government and would work towards this. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I am currently a Board member of Save our Schools and Playgrounds and have been involved in facilitating positive exchanges between concerned citizens and city government. Currently SOSP is co-sponsoring with on Workforce Housing forum next month. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I am a strong advocate of including the community in the process and am encouraged by the recent work housing forums. I would like to be involved in this process ~~, 3. Interests Why are you applying for this position? I am an advocate of holistic, community- based solutions to our housing and economic inequalities. I have been following the "low-income housing" issue over the years and I am encouraged that we're finally giving the idea more than just lip service. I would be honored to be of service to the community that offers so much to me and my family. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am available most evenings and can schedule events during the day., with advanced notice. 5. Additional Information How long have you lived in this community? I have lived in Southern Oregon off and on for 10 years. Attended school and sase, met my wife and made a family here. I have live in Ashland for the last five and plan to make this my home forever. Please use the space below to summarize any additional qualifications you have for this position I find it strange that there can be so much conflict over short term goals, but everyone seems to all agree on the long term goals. As a parent I feel it is my responsibility to ensure the best opportunities for my children. I know that Ashland offers the best in community, education and opportunities for success. However, there exists a serious divide between the wealthy and the not so wealthy. As a low income resident I am feel I can offer a point of view and level of commitment that would be an asset to this committee.. Date Signature ~4.' CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashJand.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name_Stephen J. Hauck Requesting to serve on: _Housing (Commission/Committee) Address_725 Terra Avenue, #28A Ashland, Oregon 97520 Mailing Address_ 2305-C Ashland Street, # 198 Occupation_Executive Director, NonProfit Agency Phone: Home_ 488-1623 Work 878-2702 Email_stephenhauck@yahoo.com Fax 878-2702 1. Education Back2round What schools have you attended? Ashland High School University of Oregon Southern Oregon University What degrees do you hold? Bachelor Degree in Political Science, Minor in Planning, Public Policy and Management Master Degree in Management What additional training or education have you had that would apply to this position? Council Liaison to Housing Commission for 5 years 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Assistant Executive Director for CERVS for 9 years working on Housing issues__ Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? _Keeping current on latest information in the field is always advantageous. r;., 3. Interests Why are you applying for this position? While I was on the Council, Housing issues were always at the top of my agenda. That interest has not diminished. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? _ Yes, I am available. I would prefer night meetings, but day meetings are no problem 5. Additional Information How long have you lived in this community? 39 years Please use the space below to ~ummarize any additional qualifications you have for this position I have served on the Board of Directors for both the Rogue Valley Commun8ity Development Corporation and ACCESS, Inc. These are both organizations heavily involved with housing issues in Ashland and the Rogue Valley August 17, 2006 Date _ Stephen J. Hauck Signature r;., ECEJ\Jt:.U CITY OF T/lJ0 ASHLAND APPLICA TION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or Wint answers to the following questions and submit to the City Recorder at cCAWli~ll..2Q E,Main Street, or email christeb(W,ashland.OLUS. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Ef?./c- NAVIcKAS tI 0 () 5 /t.J. c; Requesting to serve on: fLANN/Ny ((2 ~ CH 0 I ceJ_ (CommissiOly'Committee) Address ~3l.o Y't... IowA. '5T. Occupation f2.{::slD e:: t-.1 T I A.L- 0 E=.S tq N ~/ / FA~Hc(C Phone: Home L./$2- Zqlo'l Work F;f..,o- 23lD~ Email e......c..(}a..v.I.~hotr\1......;I.co. Fax 1. Education Background What schools have you attended? What degrees do you hold? VNIVf:~S I TI.( OF Dt<.f.(j 0..1 BAc..HEL-O~ oF- A~t-t Ii E..CTU~E- What additional training or education have you had that would apply to this position? (7, ~€c.r c): pellt F-NCE- Ac:. UJHMJ...! ITt( Mt:M BE.J:- HA VIN~ A. n t:t-LDE-P HUND~O OF p. Co. M E. E: -rhot G 5 c...o MN E:.Jo-l T ".J G " t-l. VA g., "c.J S'. f' LAtJ #J I ~ ~ Ac::.. TI or-lS . 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? \ l--I~VE. ~€ E..N. 1 J.-lVDt..V&O II..!. "A~lOcJ 5 R.J::JI D €. N Tt A..L- DEoS\C',1'-l P~QJF-C.T s v~h-\~R..J;. I ~~S ~E:Spm.~sle:,LE.. f04Z- Sl.lf>M.lTl r-.t~ PLANNIN<j APPLICATIONS IN A..SHl-AND) H~C7Fllf.D I dA.C~.<;ON ~ DOUGLAS (oVtJTIE.s. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? YEs 0 tJ E LA.,J A LW A. '1' s , L-E.Aftkj MotU:. A BDo T ArJ l{ SLlf,v t:-cr. JIIP~. IF.." 3. Interests Why are you applying for this position? U~~A.N PI/AN'" I~~ HAS f3E.E-f'L A.JJ INTE~E;ST l>p- MIN-E FoP- fJ(AN'1' YEACZJ" AND IA.JAS iHE. roc.vs Or MY EDvcAnON I~ A~c...H ITE:L.T()~E::.. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? t(e-S I , A.M ":>F-vr- E:.Hf'vo'{f:;P AND M'1' SQ-#f;.PUl..E IS RELE-TI\/ELl(' oPE.,.!. 5. Additional Information How long have you lived in this community? IY l(E..A~S Please use the space below to summarize any additional qualifications you have for this position \ e,Er."ev'E. Tr/^T TH~ PLAtJtJlt--!l1 COMr---\\SSION I':> MISS/,..!'; A VOIC-E OF A t.(O<.J,.J~~~ ~~Nf:~ATIOtJ of R.~t-.iTt::~.s rHAT vloJL-D ~\/...L. I ~epe.E5r=:NT A De.Molf~ArH\c. ~~DIJP fHAT \CS }a..APIPL'( Bccot..;\lN.lf PR-ICE.,.C ouT OF OU~ COt"'\KVNltV Tr4^,T t-lE.E.O To BE- rlE"g.O. T'ME ~AR.t. F-: Sl~ of .He... PlAtJNIr-lG c.o~MIS?lo,j IS DESlqJE.D To A.L-voiN ^ B~^P ILP\.J.'tt: bf VI ~vUPOIN. TS AIJ P O/V c~SE aPIN..lot--lS To T/?.lll.-'i R-E.frtES eN T lH6- VA.uJ E:.5 OF THE. c.ot'\ Ml1~ I Tl(, tv E.. Nt-eo ,..... l(D()N.~~ \IDles- bF THE ~e:N.Tr=:.~ c.-f)f'yl~ur-llTt.( oN TH ~ vOMM I S$ \ ~,J.. ~K. '(ou FotL rtJtJ~ rVl,..v CON.5'DE~ATlOt-! OF Nt{ A.f>Pt.-tcAT,at! I LJI bli/ ()b Date ~'>1~~~ Signature ~.. r_~ CITY OF ASHLAND Council Communication Approval of a Contract-specific Special Procurement Meeting Date: September 5, 2006 Primary Staff Contact: Paula Brown v2~ Department: Public Works / WWTP E-mail: brownp@as;/ia~d.or.us Contributing Departments: Fin~n ~rchaSing Secondary Staff Contact: Terry Ellis Approval: Martha Benn E-mail: ellist@ashland.or.us Estimated Time: Consent Agen a Statement: This action is to request approval from the City Council, as the Local Contract Review Board, to enter into an individual public contract deemed to be a "Contract-specific special procurement". The proposed contracting procedure is "direct award", and based on the written findings, it has been determined that a public contract for Polymer be directly awarded to Polydyne, Inc. Background: The City of Ashland operates the Wastewater Treatment Plant under a permit issued by the Oregon Department of Environmental Quality., Polymer is required to dewater the solids generated daily at the plant. In the past, 4 or 5 polymer products have been tested. The polymer testing process is complex. Prior to a polymer being introduced into the system, the system must be flushed clean with specific cleaning products because polymer can not be mixed with another polymer or with water due to the coagulation properties of the polymer. The specific areas of the plant that are affected by the use of Polymer are taken off line to test the product, while the remaining plant operations are required to continue. The Wastewater Division tests and acquires products in a manner that ensures the system operations will meet and operate in accordance with all permit requirements. When the Polymers were tested, the polymer provided by Polydyne, Inc. was the most cost efficient product that worked the best, and it continues to provide the required results. Sourcing Method: Under ORS 2798.080, a "Class special procurement" and a "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS279B.055 (Competitive Sealed Bid - Invitation to Bid), ORS 279B.060 (Competitive Sealed Proposal- Request for Proposal), ORS 279B.65 (Small Procurement - Less than $5,000), ORS 279B.070 (Intermediate Procurement - (3) Written Quotes). A Special Procurement requires a request, which shall include the proposed contracting procedure, the goods or services or the class of goods and services to be acquired through the special procurement, and the circumstances that justify the use of a special procurement, be submitted to the Local Contract Review Board for approval. r~' Under ORS 279B.085(4), the Local Contract Review Board may approve a special procurement if the special procurement described in the request will: ORS 279B.085(4)(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. Council Options: Local Contract Review Board can approve the public contract deemed to be a "Contract-specific special procurement" or decline to approve the public contract deemed to be a "Contract-specific special procurement". Staff Recommendation: Staff recommends that the City enter into a public contract with Polydyne, Inc. to supply Polymer to the WWTP based on the written findings. Potential Motions: Local Contract Review Board moves to approve the public contract deemed to be a "Contract-specific special procurement". Attachments: Copy of Public Notice published on City website August 21, 2006 Written Findings Contract rj.' City of Ashland, Oregon - City News Page 1 of 1 City of Ashland, Oregon / City News Public Notice Special Procurement First date of publication: August 23, 2006 It has been determined based on written findings that the following goods or services shall be deemed a "Contract-specific special procurement". The request for approval to directly award a contract to Polydyne, Inc. for Polymer will be presented to the Local Contract Review Board (City Council) on September 5,2006. The City of Ashland operates the Wastewater Treatment Plant under a permit issued by the Oregon Department of Environmental Quality. Polymer is required to dewater the solids generated daily at the plant. In the past, 4 or 5 polymer products have been tested. The polymer testing process is complex. Prior to a polymer being introduced into the system, the system must be flushed clean with specific cleaning products because polymer can not be mixed with another polymer or with water due to the coagulation properties of the polymer. The specific areas of the plant that are affected by the use of Polymer are taken off line to test the product, while the remaining plant operations are required to continue. The Wastewater Division tests and acquires products in a manner that ensures the system operations will meet and operate in accordance with all permit requirements. When the Polymers were tested, the polymer provided by Polydyne, Inc. was the most cost efficient product that worked the best, and it continues to provide the required results. The contract terms, conditions and specifications may be reviewed upon request. An affected person may protest the approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0700. A written protest must be received in the City of Ashland, Purchasing Office, 90 N. Mountain, Ashland, OR 97520, within seven (7) days after the first date of public notice of the approval of a Special Procurement. This public notice is being published on the City's Internet World Wide Web site at least seven (7) days prior to requesting the approval of the Local Contract Review Board as required under OAR 137-047- 0285(2) and ORS 279B.055(4). Kari Ann Olson Purchasing Representative Tel: 541-488-5354 Fax: 541-488-5320 TTY: 800-735-2900 http://www.ashland.or.us/N ews. asp?N ewsID= 14 54&Print= True 8/25/2006 CITY OF ASHLAND Memo DATE: July 11, 2006 TO: Lee Tuneberg, Finance Director FROM: Terry Ellis, Wastewater Systems Supervisor RE: Findings for Sole-Source Procurement- Polymer The City of Ashland operates their wastewater plant under a permit issued by the Department of Environmental Quality. In past years we have tried numerous polymer products, to assist us in dewatering our solids generated daily at the plant. We settled on a product offered by Polydyne. It not only works the best for us, it is also the least expensive. Thank you, Terry C Ellis Wastewater Systems Supervisor DEPARTMENT HERE Street Address Ashland, Oregon 97520 W'NW .ashland.oLus Tel 541-488-6002 Fax 541-488-5311 TTY 800-735-2900 r.t. , Jul 19 06 11 :14a p.2 POLYDYNE INC. PO BOX 150 Rieeboro, GA 31323 July 19, 2006 City of Ashland WWTP ATIN: Mr. Terry Ellis 90 N. Mountain Avenue Ashland, OR 97420 SUBJECT: POlYDYNE CLARIFlOC C-6286 CONTRACT EXTENSION Dear Mr. Ellis: SNF Polydyne would like to thank you for the continuing business. We are excited about the polymer performance, and are confident that we can continue to provide superior dewatering cost-performa:'lce. The current Sole Supply Agreement expires on July 31, 2006. The contract language stipulates that the pri~ of Clarffioc C..s286 will follow the PPI Index for Plastics Material and Resins Manufacturing available from WINW.brs.gov. The index was valued at 217.1 in August of 2005, the beginning of the contract. The most recent data available is June 2006 and the value has increased to 235.5. This represents an 8.5% increase over the period of the sole supply agreement. According to the agreement, the price would increase by 8.5% or by $0.08 per pound. We are offering Ashland a price of SO.96 per pound, which is an increase of $0.06. I have attached a new Sole Supply Agreement If you agree to the terms please sign and return a copy to the address on the contract. The index has been very flat for most of 2006. I do not anticipate further increases in the future barring unforeseen circumstances. Thank you very much for considering Polydyne products for your water treatment needs. If you have any questions, please do not hesitate to call me at (360) 931-5566. Sincerely. ~ Technical Sales Representative Jul 1906 11:14a p.3 SOLE SOURCE SUPPLY AGREEMENT CONTRACT NO. SELLER: SNFlPolydyne Inc. t Chemical Plant Road Riceboro, GA 31323 BUYER: City of Ashland 90 N Mountain Avenue Ashland, OR 97420 . For value ~eived. Seller agrees to sell to Buyer. and Buyer agrees to buy from Seller, on the folloWIng terms and conditions; 1. TERM. The term of this contract shall begin on August 1. 2006 andsballendon July 31. 2007 . Annual extensions of this Agreement are possible by mutual consent subject to provisions outlined in Section 8. 2. PRODUCT. The product to be purchased and sold hereunder in set forth on Exhibit "A" (collectively and individually, the "Product''), and such Product shall conform to the specifications listed on Exhibit "A" (the "Specifications"). 3. QUANTITY. Buyer is obligated to buy from Seller, and Seller in obligated to sell to Buyer, percent ( 100 %) of Buyets total annual volume requirement for the Product as follows: Product: Ship to Location Price: $0.96 Ouantity est: 34,OOOlbs Container: C-6286 Totes 4. PAYMENT. Buyer shall pay for all Product received under this Agreement within thirty (30) days from the date of Seller's invoice for same. Seller shall not invoice Buyer until Product is shipped. 5. SHIPPING TERMS. Seller shall ship each shipment of Product FOB Delivered 6. AMOUNT OF SHIPMENT. The quantity ofProduct receiv~ and for which Buyer shall pay Seller, shall be measured in pounds by Seller's certified scales. Any clears of shortage shall be deemed waived unless made in writing and received by Seller within fifteen(15) days from buyer's receipt of the shipment in question. Shortages ofless than 1 % of the net weight of shipments in tank cars or wagons shall not be contested. Seller shall retain records of the weight of each shipment and of the certification of all scales used and immediately shall provide such to Buyer upon written (16)~8).lJ OC2469-0CJQOl E I JuI190611:15a p.4 request. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 8. PRICE ADJUSTMENT. (a) The price herein specified may be revised Annually by written notice sent by Seller to Buyer not less than thirty (30) days before the effective date of such revision. Buyer's failure to serve Seller with written notice of objection to the proposed price revision before the effective date thereof shall be oonsidered acceptance of such revision. Failure of Buyer and Sellerto agree on a proposed price revision after such notice by Seller releases Seller without obligation and permits Buyer to purchase elsewhere the quantities required thereafter (b) Seller may increase the price of the "Product" annually on the basis of the U.S. Bureau of Labor Statistics PPI Index, "Plastic Material and Resins Manufacturing" (PMRM)~ PCU325211325211, Exhibit "B" (the "Index"). This index includes: propylene, acrylonitril~ formaldehyde and other key components used in the manufacture of solution polyaaylamide. The base calendar period for raw material cost comparison to adjust the selling price of the "Product ", either up or down, shall be August 2006 to July 2007. or the most recent available data. 9. PAYMENT. The prices shall be paid in United States currency. Seller reserve the right, among other available remedies, either to canoel this contract or suspend:further deliveries under this contract in the event Buyer fails to pay for anyone shipment when payment becomes due. Should Buyer's financial condition or responsibility become unsatisfactory to Seller, cash payments or satisfactory security may be required by Seller as a condition to further shipments under this contract. 10. OTHER PROVISIONS. The OTHER PROVISIONS set forth on the following pages hereof are incorporated herein as if an original part hereof. 11. ENTIRE AGREEMENT. This contract, along with all exhibits attached hereto which are incorporated herein by this referen~ sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. SELLER: SNFIPolvdvne Inc. BUYER: City of Ashland By: Lawrence D. Grizzle, Business Manager By: Terry Ellis Date: Date: (133383.1) OC216~-OOOOOl Jul 1906 11:15a p.5 OTHER PROVISIONS A. Purchases bv Affiliates. Buyer's affiliates may purchase Product required to be purchased by Buyer hereunder. and such purchases shall be credited to Buyer for purposes of its purchase obligations hereunder. An affiliate is any corporation or entity which (i) owns more than 80-10 of the beneficial interest in Buyer ("Buyer's Parent"), (ii) more than 800/0 of the beneficial interest of which is owned by Buyer's Parent. or (iii) more than 80% of the beneficial interest of which is owned by BU.yer. B. Conforming Product. Seller warrants that all Product shall comply 'With the Specifications and makes no other lepresentatiOns or warranties, express. implied, statutory or otherwise, concerning the Product, the merchantability thereof, or the fitness thereof for any purpose. Buyer shall be obligated to purchase only that Product which meets the Specifications. Any claim. that any Product does not meet Specifications shall be deemed waived Wlless made in writing and received by Seller within fifteen (15) days from Buyer's receipt of the Product in question. C. Product Testin~. Sener shall analyze and retain a clearly-marked, representative sample from each shipment of Product. Seller shall retain each sample and such sample's test results for the one year and, upon written request, shall provide such to Buyer. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. D _ Non-Conformin2 Product Seller shall immediately replace all Product not meeting Specifications, shall reimburse Buyer for the reasonable shipping coats associated ~ith Buyer's return of non--conforming Product. shall pay for the shipping costs associated with delivering to Buyer the replacement Product and shall be responsible fortile disposal of any non-conforming Product and associated containers returned by Buyer. Buyer1s sole remedy for non-conforming Product sball be for Seller to replace the defective Product as provided above at Seller's cost, and Seller shall not be liable for special, indirect or consequential damages of any Kind under this agreement or otheIWise. E. Compliance with Law. Upon delivery to Buyer, Buyer assumes all responsibility and liability for compliance with all applicable federal, state and local laws and regulations relating in any way to the Product, specifically including those laws and regulations governing unloading, discharge, storage, handling, use and/or possession of Product suppJied by Seller hereunder. F. Force MaieurelHardshinfOther Sources. IfBuyets ability to take or Seller's ability to deliver the Product is impaired due to circumstances beyond reasonable control, including but not limited to fire, fl~ Government action, accident labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If Seller's ability to deliver Product is reduced due ,1833S3. i) V02H9-0COOOl Jul 1906 11:16a p.6 to any such circumstance, Seller may reduce the contract quantity in any year upon written notice to Buyer if Seller deems such reduction necessary to effect a fair allocation of the Product to users/purchasers tb~ in which case Buyers obligation to purchase Product from Seller hereunder shall be reducedaud;~ accordingly. Notwithstanding~ ifSellets ability to deliver Product is reduced due to ao.y such circumstance, then Buyer may obtain Product from another source~ and the quantity of Product obtained from another source will be credited to any minimum quantity requimnent set forth in this Agreement for the respective contract year as if such had beea~ from Seller. If Buyer's inability to take Product is excused under this subp8t~~5ener's obligation to sell Product to Buyer hereunder shall be reduced and adjustedaccoidingly. G. Assignment. Neither party shaD assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwitbstandiugthe foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. H. Bi.n.din2 Effect This contract shall be binding upon the parties hereto and their respective assigns, if permitted, and sucoessors. Specifically, any person or company which purchases or merges with either of the parties to this Agreement shall do so subject to the terms and conditions specified herein. L Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without reference to the conflict or choice of law principles thereof. Buyer hereby consents and waives any objection to the jurisdiction of and. venue in the federal and state courts located in Chatham County~ Georgia, vvithrespect to any action arising out of or relating to this contract and agrees to bring auy such action in said courts. J. Severability. If any provision or subpart thereof sball be held invalid or unenforceable by any court, such holding sball not invalidate or render unenforceable the remainder of such provision or any other provisions hereof. K. Attorneys' Fees. If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. L. Notices. All notices concerning the subject matter hereof shall be made in ~TIting and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (S)days after1he date of depositing the same in the U.S. mail and mailed 1133383.1 J 00246S-100COl " : ~. \. .. ': .~., 'if. -;:\~fI.'l!~' ." """"~' ~ . . < .~~ ;",' I,;' . Jul 19 06 11 :16a to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as eat forth above. M. Waivers. No delay or &iluR:~ Seller in the exercise of any right or remedy shall operate as a waiver thereof; no siDsfeit~tial exercise by Seller of any right or remedy shall preclude other or further exercise ~f or the exercise of any other right or remedy; and a vvaiver by Seller of any breach by BB,er_n not be construed as a waiver of any other breach by Buyer. Time is of the , . . "'~greement. N. Modification. are limited to and made expressly conditional on Buyer's acceptance terms and conditions, and SeDer a-p:ressly objects to and rejects any terms and .~. ,',"'tbat may be proposed by Buyer which are in addition to or differ from the foregoiDg,~+.and conditions. The terms and conditions of this agreement may not be modified ex.'" written instrument executed by all parties hereto and take precedence over any inOOllSistent terms and conditions contained in any purchase order, confirmatjo~ acknowledgement or other writing, now or hereafter existing, which may relate to the sale of Product between Buyer and Seller. , ,?~~f~ii ,!,l.tiJ\)~t; " f. "._.,' :: {183J83.1} 002469-000001 p.? Council Communication CITY OF ASHLAND Approval of Sole-source Procurement and Public Contract Greater than $75,000 Meeting Date: September 5, 2006 Department: Public WOrkS/WW~TP Contributing Departments: Finan asing Approval: Martha Bennett Estimated Time: Consent Agenda Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Paula Brown~ brownp@ash~nd.or.us Terry Ellis, WWTP ellist@ashland.or.us Statement: This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public contract deemed to be a Sole-source Procurement. It has been determined based on written findings that Dry Creek Landfill is the closest approved landfill for the disposal of biosolids from the Wastewater Treatment Plant. Background: Biosolids from the Wastewater Treatment Plant are required to be disposed of in a manner that meets all federal and state regulations. The closest local approved disposal site for biosolids in the Rogue Valley is Dry Creek Landfill. Biosolids are hauled daily to the landfill site for burial. Dry Creek Landfill will accept the material at the current fee of $35.75 per ton through June 30, 2007. The estimated cost for fiscal year 2007 is $110,000.00. The Wastewater Division is focused on efficient cost savings and will look to improve the consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing of the biosolids. Annual costs for the previous three (3) years: 2006 $121,459.17 2005 $107,105.49 2004 $119,825.57 Related City Policies: AMC Chapter 2.50.070 (E) Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $75,000, must be approved by the Local Contract Review Board. The Purchasing Agent shall provide public notice via the City's Internet website of the determination of a sole- source contract that exceeds $75,000 at least fourteen (14) days prior to the LCRB approval. AMC Chapter 2.50.060 (2) The Purchasing Agent is authorized to recommend that the Local Contract Review Board approve or disapprove contract awards in excess of $75,000, or to change orders or amendments to contracts of more than $75,000. G:\pub-wrks\adminIPB CounciI\WWTP\CC 06 -07 Sole Source Dry Creek LandfiIl5Sep06.doc r~' Council Options: Local Contract Review Board can approve the Sole-source procurement or decline to approve the Sole-source procurement. Staff Recommendation: Staff recommends that the City enter into a public contract with Dry Creek Landfill based on the written findings. Potential Motions: Local Contract Review Board moves to approve the public contract deemed to be a Sole-source Procurement. Attachments: Copy of Public Notice published on City website August 21 J 2006 Email from Dry Creek Landfill Written Findings G:lpub-wrksladminIPB CouncillWWTPICC 06 -07 Sole Source Dry Creek Landfill5Sep06.doc r~' City of Ashland, Oregon - City News Page 1 of 1 City of Ashland, Oregon / .City News Public Notice Sole-source Procurement First date of publication: August 21, 2006 It has been determined based on written findings that the following goods or services are available from one source. Biosolids from the Wastewater Treatment Plant are required to be disposed of in a manner that meets all federal and state regulations. The only local approved disposal site for biosolids in the Rogue Valley is Dry Creek Landfill. Biosolids are hauled daily to the landfill site for burial. The estimated cost for the current fiscal year is $110,000.00. The Wastewater Division is focused on efficient cost savings and will look to improve the consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing of the biosolids. Annual costs for the previous three (3) years: 2006 $121,459.17 2005 $107,105.49 2004 $119,825.57 The contract terms, conditions and specifications may be reviewed upon request. An affected person may protest the determination that the goods and services are available from only one source in accordance with OAR 137-047-0710. A written protest must be received in the City of Ashland, Purchasing Office, 90 N. Mountain, Ashland, OR 97520, within seven (7) days after the first date of public notice of the Sole-source procurement. This public notice is being published on the City's Internet World Wide Web site at least fourteen days (14) prior to requesting the approval of the Local Contract Review Board as required by Ashland Municipal Code 2.50.070 (E). Kari Ann Olson Purchasing Representati ve Tel: 541-488-5354 Fax: 541-488-5320 TTY: 800-735-2900 http://www.ashland.or.us/News.asp?N ewsID= 1451 &Print=True 8/22/2006 1- I CITY OF ASHLAND Memo DATE: July 11, 2006 TO: Lee Tuneberg, Finance Director FROM: Terry Ellis, Wastewater Systems Supervisor RE: Findings for Sole-Source Procurement- Biosolids disposal The City of Ashland operates its wastewater treatment plant under a permit issued by the Department of Environmental Quality. We are required to dispose of the biosolids generated at our facility daily. These solids need to be handled properly and buried in a timely manner. We generate an average of one 12 yard dump truck load daily. Dry Creek Landfill is the closest approved site that we can dispose of these solids for burial. Thank you, Terry C Ellis Wastewater Systems Supervisor DEPARTMENT HERE Street Address Ashland, Oregon 97520 U4t,.,~~li\~~...G'lr...!.tS Tel 541-488-6002 Fax 541-488-5311 TTY 800-735-2900 rA' . Terry Ellis - Disposal Charges Page 1 I From: To: Date: Subject: "Lee Fortier" <Ifortier@roguedisposal.com> <ellist@ashland.or.us> 7/11/2006 10:53:14 AM Disposal Charges Hi Terry, Dry Creek Landfill will maintain your current biosolids disposal fee of $35.75/ton through 6/30/07. Lee Fortier, P.E. Engineering & Operations Manager Dry Creek Landfill Phone # 541-494-5411 FAX # 541-830-8387 Cell # 541-210-6223 cc: "Cindy Moss" <cmoss@roguedisposal.com> .. T" I CITY OF ASHLAND Council Communication Wireless Internet Rates Meeting Date: September 5,2006 Department: Information Technology Contributing Departments: N/A _~ Approval: Martha Be~lY'\ Primary Staff Contact: Joseph Franell E-mail: franellj@ashland.or.us Secondary Staff Contact: N/A Estimated Time: 20 Minutes Statement: The Ashland Fiber Network (AFN) is in the progress of launching a new product line, wireless internet, requiring us to set appropriate retail rates. This product is branded as afnAnywhere. Staff Recommendation: Staff recommends the adoption of the rate for the new wireless service as detailed in the attached resolution. Background: At the inception of AFN, there was a commitment to make advanced services available to all Ashland residents. The deployment of wireless internet fulfills that commitment. There are about 1000 addresses in Ashland that were not included in the original build out. The afnAnywhere wireless product will allow occupants of those buildings to have access to AFN internet services. Customers do not need to call anyone to get service. People buy the service from the afnAnywhere website via credit card. This web site or activation portal links to our utility billing system, processes the credit card payment, and activates the service for the specified period of time. Customers can purchase service in day, week, and month time-frames. We do not intend on providing customer technical support or e-mail service for this product. This product can also be used by the mobile and short~term user. Visitors to Ashland and mobile professionals can take advantage of our wireless while away from home and the office. You will see in the proposed rates that we are also proposing to offer afnAnywhere as an add-on for our current "wired" customers through our ISP's. Purchasing wireless as an add-on will enable our existing customer base to stay connected via personal data assistants (PDA's), laptops, and smart phones over our network while traveling around town. The ISP's can also use this as a retention tool to reduce incidents of customers switching to the competition for internet service (churn). In its current structure, we need rates approved for the following: Daily use (retail) Weekly use (retail) Monthly use (retail) Add-on for existing "wired" customers (wholesale) While there has been an interest expressed by some of our ISP's about them retailin~ the monthly wireless service, the AFN staff did not structure the billing to allow for them to do so. At this time, neither the IT department nor the finance department has the resources to wholesale this product to the ISP's. Since the market for the monthly product is so small, we intend to only revisit this if there seems to be a large enough demand to warrant the dedication of the necessary resources to support wholesaling it. rA' Potential Motions: Council moves to approve Resolution 2006-_. Council moves to approve Resolution 2006-_, with the following changes. Attachments: Resolution r~' RESOLUTION NO. 2006- A RESOLUTION ESTABLISHING WIRELESSS INTERNET RATES FOR THE ASHLAND FIBER NETWORK, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached rate schedule is adopted as the rates and fees for AFN Wireless Internet provided by the City of Ashland Information Technology Department, Ashland Fiber Network Division. These rates are effective immediately. SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may be set administratively. To the extent practicable, such fees shall be set to recover, over a fiscally prudent period, the incremental cost of providing such service by taking into account all costs actually incurred. SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff temporarily reducing or waiving rates or charges in conjunction with promotional campaigns, or 2) establishing different and nondiscriminatory rates and charges for commercial customers, as allowed by federal law and regulations. SECTION 4. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this day of , 2006: Barbara Christensen, City Recorder day of ,2006: SIGNED and APPROVED this John Morrison, Mayor Reviewed as to form: Michael Franell, City Attorney RESOLUTION NO. 2006- Rate Schedule (Effective immediately) --- Not $3.95 A lie able $3.95 Not $12.95 A lieable $12.95 Not $30.00 A lieable $30.00 Not $6.95 A lieable $6.95 All of these rates are per device (computer, PDA, etc.) or MAC Address, with a maximum of two devices per account. CITY OF ASHLAND Council Communication Approval of Chamber of Commerce Grant Contract Greater than $75,000 September 5, 2006 Primary Staff Contact: Lee Tuneberg .tf-tI. ~ E-mail: tunebert@ashland.or.us Secondary Staff Contact: NA E-mail: Estimated Time: 30 minutes Staff Recommendation: Staff recommends approval of the Ashland Chamber of Commerce (COC or Chamber) contract for FY 2006-07 per Resolution 2004-32 as presented or revised by Council. Staff further requests that the Council provide direction on the issues and topics that need to be resolved prior to the contract for FY 2007-08. Statement: This contract was submitted to Council on the July 18th Consent Agenda and tabled for additional discussion. In general, Council had questions about compliance with the Living Wage ordinance and concerns about reporting, specifically the level of reporting required of "small" grants as compared to the level needed for the larger amounts awarded by this contract. Some of this information is garnered through the application process for small grants so a copy of the application is attached. Also attached is a sample of the contract used for small grants. The minimum amount granted to them is $1,000 and recipients who receive $2,500 or less do not have to submit a report after monies are used unless they are applying for another grant in the following year or as requested by the city. Resolution 2004-32 provides for the Ashland Chamber of Commerce to receive grant funding from the Transient Occupancy Tax each budget year through the Economic and Cultural Development grant process. At this time the process includes awarding monies to COC and OSF per the resolution without their having to apply. The existing contract with COC has been used in the two prior fiscal years with a report on the fist year presented to Council February 7,2006, and a second report due by January 31, 2007. A report for the work under the contract before Council is due by January 31,2008. The timing of the report is specified in Resolution 2004-32. Areas included in the contract that were addressed in the first report and should be included in following reports are: ~ Retention and Expansion of Existing Business ~ New Business Development ~ Tourism ~ Accountability r~' The City Council adopted the 2006-07 budget which includes grant funds for the Ashland Chamber of Commerce of $247,645 ($82,845 for tourism and $164,800 for economic development) . This is the third year using this contract in conjunction with a resolution that had a three year life. A new resolution will need to be adopted in advance of the FY 2007-08 budget process and ultimately will result in a new contract with the Chamber. New areas of concern may be best if deferred to the next grant year. Background: Resolution 2004-32 states that beginning in Fiscal Year 2004-05, the City Council will appropriate thirty three and one third percent of the anticipated Transient Occupancy Tax monies for Economic and Cultural Development. The amount to be allocated annually to the Ashland Chamber of Commerce (COC) for promoting tourism per the State definition shall be $80,432, which is adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $160,000, also adjusted each year by the amount of inflation or deflation, will be granted annually to COC for economic development projects in cooperation with City staff. The minimum amount for City of Ashland required by the State definition for tourism is $215,456 in FY 2006-07. This is calculated on the budgeted amount of Transient Occupancy Tax revenue to be received and also based upon actual money spent in prior years. The COC tourism amount of $82,845 and the entire $113,300 amount granted to Oregon Shakespeare Festival (OSF) for tourism leaves $19,311 to be spent on tourism by the other grantees to meet the minimum amount required by the State. The other grantees' requests totaled $336,200 with 29% identified for tourism. The amount awarded to them for FY 2006- 07 is $148,705. Using the percentage identified in the applications we estimate the other grantees will spend approximately $38,804 on tourism - well above the required minimum. The last COC report on grant funds was submitted to Council on February 7, 2006, for the grant and fiscal year ended June 30, 2005. That report spoke to each element of the contract. At that meeting Council members agreed that some refinements of the grant goals for COC should be considered as part of the economic development discussion planned for Council. That discussion has not yet occurred and we find ourselves into the grant and contract year without providing any different direction to the Chamber on how its goals should better address Council's own economic development goals. The Chamber has already indicated that they intend to present a second report (similar to last year's) by January 31, 2007, for the grant and fiscal year just ended. These reports are labor intensive and, like the city's own annual financial report, take time to assemble and present after the year is closed and numbers are audited or reviewed. A last report under this resolution will be due within seven months following the end of fiscal year 2007. As part of these contract discussions on granting, goals and reporting, Council should keep in mind the timing problem that is inherent with this grant. For example: r.l' · Applications are taken for small amount grantees in February & March, in the first fiscal year; Resolution #98-02 exempted COC (and OSF) from the application process. · Amounts are awarded per the resolution during the budget process from April to June, in the first fiscal year · Use of the grant occurs from July to June, in the second fiscal year; . Reports on usage can occur as late as July to January, in the third fiscal year. Below is a table that shows siqnificant chanqes in the process for COC over the years. There have been some clarifying or correcting resolutions in between those presented but they are immaterial to this discussion. Action #93.12 Increase in #98.02 60% to COC #2004.11 Comply #2004.32 Include Grant Amount & 28% to OSF with ORS Tourism Arts Commission eoe Award by: Application Per resolution Per resolution Per resolution Grant Award Per Application $156,000 $240,432 $240,432 (same year) Basis for Increase General Fund Hotel/Motel Tax Inflation/Deflation Inflation/Deflation Revenue Growth Revenue Growth Grant Report Not specified Next FY - Jan. 31 Next FY - Jan. 31 Next FY - Jan. 31 Please note that in every process many grantees and budget subcommittee members have struggled with the above. Followinq is a list of issues relatinq to most of the applicants: A. The resolution guidelines are general in nature to allow creativity but that can also lead to confusion when evaluating and comparing applications, their perceived benefit and the appropriate amount to grant. B. The subcommittee may be asked to grant to an applicant for a worthy activity who has only a preliminary approval letter from the IRS. C. The application, award and subsequent reporting processes may be discouraging to grant applicants requesting small amounts. A significant recent change has been requiring the 501 (c) applicant to provide their most current 990 report to the IRS regardless of how small the city's grant may be, especially when compared to the applicant's other revenue streams. D. The city could very well be spending more money administering and pursuing information on small amounts granted to a one-time event than the amount awarded to the applicant. E. The state requirement for tourism is benchmarked on "spending." Measures on the effectiveness of spending may be difficult to quantify, especially for smaller activities. Single event grants are somewhat easier for reporting as long as the event happens early in the Fiscal Year (FY) such as July - February. For ongoing activities (Chamber, OSF, and many small amount applicants) and those that happen after the new application process has started, there are added problems as listed below: r., A. Chamber and OSF were exempted from the annual application process with Resolution #98-02 which has caused concern with the contract award process regarding what the community is getting for the amount awarded. B. A repeat grantee could be applying for a second year grant before completing the prior year's activities. C. In many cases, a second year grant will have to be awarded (if approved during the budget process) before the first year's report can be generated. D. A grantee's first year activity may not relate to a second year activity, thus success or failure on a previous awarded activity may not be a good indicator of a subsequent grant's potential success. There is considerable interest in dealing with the many points listed above. Changes in the processes for applying, awarding, utilization or reporting can be significant and may require an appropriate lead time for compliance. At best it will require input from participants and the public that may not fit well if held to the budget or contract approval process. A process to change the resolution will need to begin early enough to be completed in time for revisions to the grant application, directions and forms are done by the end of February. This would help to make the FY 2007-08 grant and budget schedule go better. Since this is the last year of a three year resolution it may be more advantageous for Council to approve the existing contract and goals for FY 2006-07 and address future changes in the resolution and contract(s) for FY 2007-08. Related City Policies: Resolution 2004-32 Council Options: Approve Ashland Chamber of Commerce grant contract for signature. Defer approval awaiting additional information. Potential Motions: Council moves to approve Ashland Chamber of Commerce grant contract for signature. Attachments: Ashland Chamber of Commerce contract Financial Assistance Award Contract (Small Grants) Application for Economic and Cultural Grant Resolution 2004-32 r~' CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (CoC) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2006-07. Recitals A. The VCB shall receive $80,432 for promoting tourism in Ashland based upon Ashland City Council Resolution 2004-32. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. The amount awarded for FY 2006-07 is $82,845, which will be disbursed in monthly amounts of $6,903.75 for the fiscal year. Expenditures of these funds must meet the requirement of ORS 320.300 through ORS 320.350. B. The CoC shall receive $160,000 for the purpose of economic development in Ashland based upon Ashland City Council Resolution 2004-32. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. The amount awarded for FY 2006-07 is $164,800, which will be disbursed in monthly amounts of $13,733.33 for the fiscal year. C. The City, CoC and VCB now enter into this Agreement to identify their roles and responsibilities. Purpose The City relies on the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland and/or visitors who stay overnight in Ashland. Promotion includes advertising, publicizing, distribution of printed materials, marketing special events and festivals, conducting strategic planning, visitor center management and research necessary to stimulate tourism development. The City of Ashland has established a system of shared responsibility with the CoC to handle typical economic development types of needs. Currently the Chamber provides the following kinds of services: coordinated marketing, rapid response team to inquiries, relocation services, point-of-contact management and information services, general inquiries, training for local business and coordination with the Small Business Association. The City of Ashland's Comprehensive Plan is the guiding document for all development within the community. The plan incorporates ten specific elements related to development. The economic development element is identified in Chapter 7. Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 r., The CoC will emphasize, in it's economic development activities, the importance of maintaining Ashland's small-town feel and portraying Ashland as a family friendly community that supports its schools and places great value on the quality of education offered. Overall Objectives Retention and Expansion of Existina Business The CoC will develop and implement on-going strategies on retaining and expanding existing businesses, particularly those businesses that are non-tourism related, in Ashland with an emphasis on creating additional family wage jobs. I. Methodology: Adopt an aggressive and focused business retention plan, which is research and relationship based. II. Promotion: Offer assistance to all City of Ashland cultural and economic development grant recipients to make them aware of the wide array of business support resources in Ashland, southern Oregon and the State of Oregon. III. Service Delivery: Organize processes by which any existing business interest may acquire accurate and timely information with regard to making a business expansion decision to stay in Ashland. IV. Advocacy: Establish multiple pathways in which a local business may acquire specialized support in growing their business, to include conduits to other agencies, governments, applicable organizations or existing community leadership for the purposes of retaining jobs in Ashland. New Business Development The CoC will develop and implement on-going strategies with emphasis on creating new family wage jobs by attracting new businesses to Ashland. The strategy will focus on non-tourism related businesses. I. Methodology: Adopt an aggressive and focused new business recruitment plan, which is research and relationship based. II. Promotion: Attract the attention of potential new businesses through networking, making personal or telephone contact, and organizing special events. III. Special Delivery: Organize processes by which any outside business interest may acquire accurate and timely information with regard to making a business location decision in favor of Ashland. IV. Advocacy: Establish multiple pathways in which a potential new business may acquire specialized information on which to base their decision to locate in Ashland, to include conduits 2 Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 ~A' to other agencies, governments, applicable organization or existing community leadership for the purposes of creating jobs in Ashland. Tourism The VCB will develop and implement a year-to-year strategy to maintain current levels of tourism in Ashland and increase tourism from November through February, known as the shoulder season. I. Methodology: Adopt an aggressive and focused tourism promotion plan, which is research and relationship based. II. Promotion: Focus on promoting visits to Ashland during the shoulder season and make assistance available to Economic and Cultural Grant recipients. III. Service Delivery: Organize processes by which visitors may acquire accurate and timely information with regard to making a trip to Ashland and by which once in town, visitors can acquire accurate information about the community. Accountability Develop mechanisms for tracking progress, measuring success, auditing finances and reporting to the Ashland City Council on a yearly basis. Present a progress report on current fiscal year activities at least annually at a Council meeting. General Expectations I. Retain or create jobs through business assistance programs measured by job retention or expansion. II. Create new business and employment opportunities measured by job creation. III. Maintain or increase the number of outside dollars spent in Ashland retail, service and lodging businesses as measured by increased revenues and transient occupancy tax revenue. IV. Reach out to other City of Ashland cultural and economic development grant recipients to assist them with their efforts. Specific Reauirements The CoC shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities, which shall at a minimum consist of the following: I. Provide a report of Ashland businesses, which received direct assistance from the CoC for the purpose of retaining or creating new family wage jobs in Ashland. II. Provide a report of prospective businesses the CoC made presentations to for the purpose of attracting new jobs to Ashland. III. Provide a report of local and regional partnerships developed and maintained for the CoC for the purpose of business retention and development including but not limited to: SOWAC, 3 Finance Department D.L. Tuneberg. Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 r.l' SOREDI, and AGA. Include documentation of supportive efforts including but not limited to offering educational workshops, cross promotion and web links. The VCB shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities which, shall at a minimum consist of the following: I. Provide a report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland. Include samples of advertising, which include family, quality of life and educational opportunities. II. Provide a report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland during the shoulder season. Include samples of advertising, which include family, quality of life and educational opportunities. General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee includes in the annual report to the City a) copies of 501@ letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenue~;@ current and projected budgets (total orga.. n. iza,tioJn ~nd !ndivi,d.. ual program;~ ~ funded by this grant. (')I: 'ft '.- r 'f A,-A. f;:;()?fr:.cJ7'f{}/'J~.. 5. Living Wage Requirements. If the amount of this agreement is $16,379.00 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this agreement or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this agreement, the City, by written notice of default to the Grantee, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 4 Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541488-5300 Fax: 541488-5311 TTY: 800-735-2900 r~' 7. Amendments. The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services relating to Grantee's obligation under the terms of this agreement). Grantee shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Grantee, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. 11. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. 5 Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 rA' CITY of Ashland: Martha Bennett City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. Citv of Ashland By Title Date Ashland Chamber of Commerce and Visitor and Convention Bureau By Title Date 6 Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 r~' CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: <<Organization>> 20 E Main Street Address: <<Address>> Ashland OR 97520 <<City>>, <<State>> <<Zip_Code>> (541) 488-5300 Telephone: <<Phone_Number>> FAX: (541) 488-5311 Term of this agreement: July 1, 2006 to June 30, 2007 Amount of grant: <<AmounCAdopted>> Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. Grantee will report in writing on the use and effect of granted monies compared to the original request (as modified) per the following: a. Within 90 days of the event completion (Single event applications) b. As part of a subsequent application for grant funds from the City c. Within 90 days of the budget fiscal year Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect but are not required to submit a report unless requested by the City except under 2 b. above. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers or documents relating to the use of grant funds. 5. Living Wage Requirements. If the amount of this contract is $16,936 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this contract. Grantees required to pay a living wage are Grant Contract 2006-07 also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 7. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this contract and subject to all other contract provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be held responsible for damages caused by the negligence of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. GRANTEE CITY OF ASHLAND By By Finance Director Title Date By Account Number: (for City use only) Grant Contract 2006-07 CITY OF ASHLAND, OREGON City of Ashland LIVING ~&.. ~-..11 Employees must be paid a living wage: ~ For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $16,936 or more. ~ For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion er hour. .June 30, 2006 eases annually every .June 30 by the mer Price Index) cafeteria plans (including childcare) benefits to the amount of wages received by the employee. ~ Note: "Employee" does not include temporary or part-time employees hired for less than 1040 hours in any twelve- month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020. of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $16,936. ~ If their employer is the City of Ashland including the Parks and Recreation Department. ~ In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND CITY OF ASHLAND r~' Application for Economic and Cultural Development Grant (Revised 1/27/05) Applicant/Organization Mailing Address City/Zip Contact Person Phone No. Email of Contact Person Alternate Contact Person Alternate Contact Person Email Phone No. Organization Web Page Federal Tax ID IRS Class (Exemption) Grant Amount Requested (minimum $1,000) PLEASE ANSWER THE FOLLOWING QUESTIONS COMPLETELY. USE ADDITIONAL SHEETS IF NECESSARY. 1. State the purpose of your organization and mission statement (found in your bylaws, articles of incorporation or subsequent board adopted mission statements). 2. Give the history of your organization. G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 1 of 7 3. State the purpose of your grant request and summarize the programs/events for which you seek funding). Proaram/Event Title Fundinq Reauest $ $ $ $ 4. How does your proposal benefit Ashland in regards to enrichment and activities of an economic or cultural nature? 5. What percentage (and equivalent dollars) of your request will be used in the following categories per Resolution 2004-32 (attached): Section 2 of Resolution 2004-32: Percent Dollars a. Tourism Promotion* b. Economic Development by: 1. Responding to general inquiries about business in the city; 2. Providing assistance to existing small businesses; 3. Providing technical and financial assistance for the expansion of existing businesses; 4. Providing technical and financial assistance for the development of new businesses; or 5. Providing such other services and support to business as the city council may deem beneficial. c. Cultural Development TOTAL * Use the following ORS 305.824 to assist in developing your number G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 2 of 7 ORS.305.824 911 (3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism- related facilities on or after July 2, 2003. (5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net reven!Je from the new or increased tax.... is used consistently with subsection (6) of this section to: (a) Fund tourism promotion or tourism related facilities; (b) Fund city or county services; or (c) Finance or refinance the debt of tourism-related facilities.... (6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5) (a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5) (b) of this section. (7) 'Tourism promotion' means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. (9) 'Tourism-related facility': (a) Means a conference center, convention center or visitor information center; and (b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. Tourism is defined as someone who travels 50 miles or more or who spends the night in Ashland to attend an event. 6. Please provide below or elsewhere a narrative or outline explaining what steps will be taken to accomplish each category's goals. 7. If you do not receive the full amount of your request, how will you use a smaller amount of funds in each category? G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 3 of 7 8. How are you working to develop other sources of revenue? 9. Describe interagency/organization collaboration (briefly describe other organizations that you share or cosponsor services or programs. May include sharing of staff, facilities, equipment or program materials.) 10. What percentage of your total funding is requested in this grant? Please provide a budget for the other funding sources you receive compared to the budget for the funds received from the City of Ashland. 11. What percentage of your total expenditures goes toward your Ashland program/event? 12. The City of Ashland requires all grant recipients to provide the City with certification of General liability insurance in the amount of $500,000 or more, naming the City of Ashland its officers and employees as additional insured. Will you be able to provide this coverage? _ G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 4 of 7 13. Please list all Board members, their occupations, and years on the board. Name Address Phone Occupation Title Term of Office 14. Please attach the following: a. 1 copy of your 501 (c)3 letter, proof of your non-profit IRS status. b. 1 copy of your corporate bylaws. c. 12 copies of your Financial statement showing previous year expenses and revenues. d. 12 copies of your most recently filed Form 990 (Internal Revenue Service) e. 12 copies of a report on use of previous grant for FY 2004-05 if applicable G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 5 of 7 City of Ashland Client Demographic Profile Thesest~tistics are to reflect clients/patrons for the last 12 months. Please use estimated percent~ges. The sum totals must equal 100%. Organization Name: Program/Event Name: Staff Contact: Office Location: Phone Number: E-mail Address: II. Client/Patron Residence* Ashland Rogue Valley Over 50 Miles Unknown Total I. Client/Patron Age* Infants 0 to 4 years Youth 5 to 17 years Adult 18 to 39 years Adult 40 to 64 years Adult 65 and over Unknown Total III. Staff Residence* Ashland PhoenixIT alent Medford Other Unknown Total IV. Of the Client/Patronage identified above, what percent do you estimate: traveled over 50 miles Q! stayed over night to attend your event?_ V. How do you track (or estimate) the statistics provided in IV? VI. Other G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 6 of 7 CITY OF ASHLAND GRANTS PROGRAM BUDGET APPLICANT/ORGANIZATION: PROJECT NO.: PROJECT PERIOD: July 1, PROGRAM/EVENT TITLE: to June 3D, _ REVENUE City of Ashland CDBG Funds $ Citv of Ashland General Funds $ Jackson County Funds /Identify: $ Other State or Federal Funds /Identifv: $ Other Funds /Identifv: $ $ $ $ TOTAL REVENUE $ EXPENDITURES A. PERSONAL SERVICES lUst Employees bv Position Title) Total Salaries % of time to project $ 1. % 2. % 3. % 4. % Total Benefits $ 1. 2. 3. 4. TOTAL PERSONAL SERVICES $ B. MATERIALS & SERVICES: $ $ $ $ $ $ TOTAL MATERIALS & SERVICES $ C. CAPITAL OUTLAY (must constitute part or all of funded public service activity to be eliQible expense) Eauipment $ Furnishings $ Other capital expenses /Identifv: $ TOTAL CAP IT AL OUTLAY $ TOTAL EXPENDITURES (Sum of A, B & C) $ Attach additional pages if needed. G:\finance\Administration\Budget\Econ & Cultural Dev Grants\E & C Grant Application Packet 2006-07\Grant Application 2006-07.DOC Page 7 of 7 RESOLUTION NO. 2004- ?::f2... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-11 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriat.~ thirty- three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1,21003, $186,657 or 14.23% of total HotellMotel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of$160,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be grank~d annually to COC for economic development projects in cooperation with City staff The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categori(~s set forth in Section 2 ofthis Resolution. TOT Resolution 9/07/04 page I of 2 By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply for and receive funds. SECTION 5. Resolution 2004-11 is repealed upon passage ofthis resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly ~(-!t' ~~ PA~TED this#day of ~t2004 ~ , Barbara Christensen, City Recorder ~,M'1:!I ~ SIGNED and APPROVED thisXday ~ 2004: ;/ ~r~~ Alan DeBoer, Mayor TOT Resolution 9/07/04 page 2 of 2 League of Oregon Cities 8pi ANNUAL CONFERENCE and BUSINESS MEETING September 28-30, 2006 - Portland Marriott Downtown Waterfront Designation of Voting Delegate at Annual Business Meeting The annual business meeting will be held Saturday, September 30, at 2: 15 p.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday afternoon prior to entering the business meeting. NOTE: Delegates may not vote without a voting card. and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FORTHE CITY OF VOTING DELEGATE: Name Title ALTERNATE: Name Title Submitted by (Signature) Return bv September 8 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 Fax: (503) 399-4863 Name Title Telephone Number MILOC\LOCCONF\2006\Equip Exchangelequipxch deleg It, fnnwpd League of Oregon Cities 81st ANNUAL CONFERENCE and BUSINESS MEETING September 28-30, 2006 - Portland Marriott Downtown Waterfront Designation of Voting Delegate at Annual Business Meeting The annual business meeting will be held Saturday, September 30, at 2:15 p.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday afternoon prior to entering the business meeting. NOTE: Delegates may not vote without a voting card. and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FOR THE CITY OF ~d . VOTING DELEGATE: Auld tAlifJ'marJ {j"'t ~idlJr Name Title ALTERNATE: Title ~SS~~ ~ 'dY Name Return by September 8 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 Fax: (503) 399-4863 Submitted Name ~~~ Title Ot71 .I(~ Telephone Number 6tf I ,ff't 6307 M:\LOCILOCCONF\2006\Equip Exchange\equipxch deleg ltr frm.wpd CITY OF ASHLAND Council Communication/Study Session Discussion of Public Art Master Plan Meeting Date: September 5, 2006 Department: Administration ~ Contributing Departments: oft tJ\ Approval: Martha BennOl' \ Statement: During the FY06 budget process, the budget committee approved three new expenditures from the general fund: community visioning, public art master plan and ad hoc economic development committee. At the June 6 Council meeting, Council requested that information about those projects be discussed by the council before funds are expended. Estimated Time: 30 minutes Primary Staff Contact: Ann Seltzer ann@ashland.or.us Secondary Staff Contact: 1) Background: Over the past few years the council has indicated to the Public Arts Commission (PAC) that it needs to develop a Master Plan before the council would consider regular funding for public art. The PAC has developed a draft budget and proposed process for the purpose of public art master planning in the community to occur over the next several months. The PAC completed its final draft of Policies and Procedures (attached) which addresses the mechanics of the acquisition, placement and funding of public art. The commission is now ready to develop a master plan. In developing a public art master plan, the commission will seek input from a wide range of the community using surveys, focus groups and public meetings to solicit community values and concepts of public art in Ashland. The proposed budget (attached) includes costs associated with public participation including room rental, printing, copying, postage, advertising, data entry, data analyses, graphic design and more - all necessary to ensure the community is aware of the process and actively participates in the project. The commission has been in contact with various departments at SOU and is seeking a student capable of participating in this project for their senior capstone project. Members of the commission will formally present this project to the SOU Capstone Board later this fall. The objective of the Ashland Public Art Master Plan is to develop a community vision for the acquisition, placement and funding of public art in Ashland. The commission believes that through an extensive public involvement process a clear vision for public art will emerge resulting in a document that describes in narrative and with maps an overall development concept for the inclusion of public art in the community. Council Options: . Approve the draft budget. . Approve the draft budget with changes. . Provide further direction to the commission. Staff Recommendation: . Approve the draft budget. Attachments: . Draft budget proposal for public art master planning. . Draft Policies and Procedures 1 Ashland Public Art Commission Budget for Master Plan September 5, 2006 Room Rentals $ 300 We anticipate conducting 8 meetings to be held in any of the following locations, (some of the venues charge a fee and some do not). . City buildings when available, Ashland Public Library, SOU facilities, Ashland High School Experienced Facilitators(s) $2,400 An experienced facilitator will: assist in the preparation of the survey, set up parameters of the meetings, guide the discussion, making sure the group stays on track, help compile the raw information from the surveys and the discussions and summarize the results. Confer with the Public Arts Commissioners. (8 meetings x 3hrs per meeting x $100 per hour). Lh!:ht Refreshments $ 300 We are asking people to give us their time and input and we would like to provide some refreshments. Coffee, other soft drinks and cookies. Advertisin2 $1,000 We will need to place several ads in the Daily Tidings to notify the public about the intended meetings. We are considering a street banner to hang over Main Street where the date can be changed to advertise each meeting. To reach specific focus groups such as business owners, artists and gallery owners we would like to invite them by invitation. Other alternative free advertisements will hopefully be announced in the city newsletters, through the Chamber of Commerce, on the city website and in newspaper articles. Printin2/Copvin2 $1,200 Cost of copies of the surveys, invitations, and the printing costs of the final report with copies to all concerned parties. Office Supplies $ 350 Flip charts, pens and markers, computer supplies, paper and stationery Posta2e $ 600 Cost to mail invitations to focus groups, any thank you notes or letters, any follow-up correspondence, etc. Data Entry $ 400 A data entry person to enter input of focus groups and survey results into a computer for analysis. We estimate 40 hrs x $10 per hour. Data Analvst $1,600 (16 hrs x $100 per hr) Takes raw data and assembles it into cohesive and understandable form. Will collaborate with Public Art Commissioners, who will write the project narrative. Graphic Desi2n $1,850 Layout, any photography, coordination with intern, who has compiled a map of the existing public art locations with possible future sites for public art, any scanning and final narrative for final draft of the Ashland Public Art Master Plan. TOTAL COST TO COMPLETE PROJECT $10,000 City of Ashland Public Arts Commission Policies & Procedures TABLE OF CONTENTS August 2006 I. PURPOSE / MISSION STATEMENT A. Purpose/Mission B. Intent II. PROJECT IDENTIFICATION A. Sculpture Projects B. Mural Projects C. 2-D Installation D. Multi-Media Installation III. SITE CRITERIA A. Site Considerations 1. Traffic Considerations: 2. Pedestrian Considerations: 3. Electrical and Mechanical Considerations IV. ARTIST / ARTWORK CRITERIA A. Aesthetics ] . Artist Selection Considerations 2. Design Team Projects Considerations V. SELECTION PROCESS A. Selection Panel B. Call for Entries VI. FUNDING VII. ARTIST CONTRACTS VIII. ACCEPTING GIFTS IX. EDUCATION X. DEACCESSION CITY OF ASHLAND CITY OF ASHLAND City of Ashland Public A~s Commission Policies & Procedures This document is meant to serve as a guidelinefor the Public Arts Commission for the acquisition, installation and maintenance of public art. It is a fluid document and is suhject to change. It is not legal(1' binding. I. PURPOSE / MISSION STATEMENT A. Purpose Throughout history the arts have been instmmental in creating unique public places that have yielded physical, social and economic benefits for a community. The purpose of these policies and procedures is to provide a process for selecting, commissioning, placing, maintaining and deaccessioning art for the benefit of the City of Ashland and its residents. This document is subject to on-going review, revision, and clarification. B. Intent Public art projects may occur in, at, or near public buildings, parks, streets and open spaces. These may be sites which are under development or existing sites where construction is complete. It is the stated intent of the Ashland Public Art Commission (PAC) to encourage artists capable of creating works of art in public places in order to stimulate the vitality and economy of the City and enhance Ashland's standing as a regional leader in the arts. Thus, it is the goal of the PAC to expend the available funds on works of art and art projects of redeeming quality which advance public understanding of visual art and enhance the aesthetic quality of public places. This goal shall be realized through: 1. The commission of artists and works of art of the highest quality, which represent an expression of our time, contribute to a sense of the City's identity, and entail some measure of public significance; 2. The nurturing of the artistic vitality of the City of Ashland through the encouragement of local artistic endeavors; 3. The encouragement of public dialogue which increases public understanding and enjoyment of visual art, through appropriate public education forums and programs; 4. The encouragement of human interaction with public places, areas which provide for public O\vnership and accessibility, via the placement of works of art; 5. The commission of a broad range of works of art, reflective of the overall diversity of current works in the field of visual art; 6. The commission of works of art varying in style, scale, medium, fonn and intent representative of the local, regional, national, and intemational arts communities: 7. The encouragement of artists to reach creative solutions to the aesthetic 2 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures problems they have been employed to solve; 8. The broad distlibution of commissions among artists; 9. The broad geographic distribution of works of mi in the City of Ashland; 10. The encouragement of true collaborative effOlis between artists and architects, engineers, and landscape architects. II. PROJECT IDENTIFICATION Public mi in Ashland can be (but is not limited to) sculptures, murals (may he limited h)' Cit)' ordinance), 20 art and/or multimedia. The Public Ali Commission uses its Master Plan to identify and prioritize art projects for the community. The PAC routinely discusses the projects based on availability of site(s), budget, and community will. III. SITE CRITERIA Site Considerations Upon the identification ofa specific project, criteria for constraints on the placed artwork and the location of such ali shall be detemlined in order to create the Call for Entries or Request for Proposals as to general considerations for detennining the acceptability of public art installations in public spaces. All proposed public art projects must respect the primary function of the street and sidewalk, which is to enable the safe and orderly movement of pedestrians and vehicles. Streets also function as utility corridors, and access must be maintained for present and future services above and below ground. The City of Ashland Public Works Director is responsible for making decisions regarding the placement of public mi on public streets and rights-of-way. Final site approval is made by the City Councilor Parks Commission~ These guidelines outline the City of Ashland Engineering Services' general considerations for determining the acceptability of public art installations on City streets and sidewalks. 1. Traffic Considerations: Public Art: a. Should not be unduly distractive to motorists b. Should not interfere with driver to driver, or driver to pedestrian sightings, and should therefore generally avoid comer clearance areas c. Should not unduly ohstruct sight of the curb d. Should not obstruct sighting of signal/pedestrian heads, or of any traffic control device e. Should not interfere with the entrance or egress for transit buses f. Should not unduly disrupt curb use activities, i.e. loading zones, passenger zones 3 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures g. Should not interfere with the opening of car doors 2. Pedestrian Considerations: If public art is set in a walking surface: a. The leading vertical edge should not exceed 1/8" (to avoid trip hazard) b. Interior vertical edges should not exceed 1/4" c. Skid resistance properties should be equivalent to concrete sidewalks d. Depressions in the surface should not catch the spike heels of women's shoes e. Depression in the surface should not cause water to pool f. The art must support vehicle weight (check 011 the vehicle 'vveight requirements for CoA sidewalks) g. Maintenance of adjacent clements of the streetscape, including the sidewalk itself, should not be interfered with. Public Art should: h. Maintain a minimum sidewalk width on pedestrian volumes 1. Minimize the potential for concealment and anti-social activities J. Maintain clearance from above, and below ground utilities Public Art should avoid: k. Sharp edges, points, projections, or pinch-points which may cut, puncture or cause injury by impact, catch passing pedestrian clothing or entrap limbs 1. Obstructing the function of benches, bus shelters and crosswalk ramps m. Utility access points or valves n. Obstructing pedestrian access to traffic signal push buttons o. Overhead parts which present a hazard to pedestrian traffic (i.e. as per minimum sign height) p. Unsafe climbing opportunities for children/adults 3. Electrical and Mechanical Considerations a. All electrical, mechanical and engineering components must by approved by Director of Public Works. b. All electrical clements and built up electrical devices must be certified by a professional engineer and upon completion, scaled as-built drawing may be required from the Director of Public Works e. Any connections to City street lighting circuit must be approved by the Director of Public Works e. No connection will be permitted to City Traffic signal circuits f. The j unctions of components moving relative to one another must not create such hazards to people as pinch, crush or shear points. 4 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures IV. ARTIST / ARTWORK CRITERIA A. CRITERIA FOR SELECTION OF ARTISTS AND/OR ARTWORK I. Public art projects are open to any professional artist whose residency meets the guidelines set forth in the RFP/RFQ of which he or she is applying. Members of the project consultant's firm or anyone employed thereby, members of the selection panel, or employees of the City of Ashland shall be excluded from consideration. 2. Artists shall be selected on the basis of the appropriateness of their proposal to the particular project and its probability of successful completion, as indicated by the merit of their past work. In the case of the design team approach, an artist's \villingness to fully participate in a collaborative process shall also be considered criteria for selection. All public art projects are budgeted for a pre-determined amount. 3. In making its selection, the selection panel shall bear in mind the purposes of the Public Art Commission, always aiming to achieve the highest aesthetic quality. 4. The selection panel shall, in making its selection, give due consideration to the appropriateness of the proposed design in tenns of its scale, f01111, content and design with respect to its immediate and general, social and physical environment. 5. The selection panel shall also give due consideration to the proposed design its materials and construction for questions of durability, maintenance, public access, appropriateness, safety, and security. 6. The aforementioned criteria are the minimum aesthetic criteria on which the selection panel shall base its selection. Other criteria may be established by the Public Art Commission as dictated by a project's particular requirements. Any additional criteria shall be outlined in the selection panel's written instructions. A. Selection Considerations 1. Criteria to be used when considering acquisition of artwork by either purchase or commission shall include, but not be limited to the following: 1. Artistic quality. Due consideration will be given by members of a selection Panel (see SA) and the PAC to the strength of the artist's concept, vision, and craftsmanship of the artwork. 2. Context. Consideration should be given to the architectural, historical, geographical and socio-cultural context of the site. 3. Media. All art f0l111S including disciplines and media that are of speci fie duration and which survive only through documentation -after the life of the piece has 5 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures ended. 4. Permanence. Due consideration shall be given to the structural and surface soundness, and to inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs. 5. Public Safety. Each work shall be evaluated to ensure that it does not present a hazard to public safety. 6. Diversity. The PAC shall actively seek artwork from artists of diverse racial, sexual, and cultural identities. The program shall also strive for diversity in style, scale, media and numbers of artists represented. There shall be encouragement of exploratory types of work as well as established art forms. 7. Feasibility. Proposals shall be evaluated relative to their feasibility and convincing evidence of the artist's ability to successfully complete the work as proposed. Factors to be considered include, but are not limited to: project budget, timeline, artist's experience, soundness of materials, city/county zoning/construction/design guidelines. 8. Duplication. Artists are required to warrant that artwork is unique and an edition of one or part of a limited edition. B. Design Team Projects Considerations In addition to the above Selection Cliteria, additional criteria to be considered for selecting artists for design teams shall include but not be limited to the following: 1. Proven ability to work effectively in collaborative situations 2. Expelience in architecture or landscape-based projects 3. Experience working with design professionals and integrating artistic concepts into construction documents V. SELECTION PROCESS Once a decision is made to add artwork to a building or site, consideration of the appropriate media (sculpture, landscape design, painting, etc.) should be developed along with criteria (environmental, structural, aesthetic, etc.) for the work. This might be very specific or left open for the artist to develop ideas. Once this phase is completed, the process for selecting an artist begins. There are two primary ways to select artists: Request for Proposal (RFP) - Once a new project has been defined and the criteria set, requests for proposals are sent to artists regionally, nationally or globally or a combination ofthe three. These requests specify the information and format the artist must follow to submit his or her proposal. Generally, background infol1nation (resume, slides of earlier work, newspaper m1icles, etc.) is requested along with sketches and a wlitten description of the project. Cost Range for selecting artists: $500 - $50. 000 In addition to artist's fees, material costs, construction and installation costs, and housing when applicable, there are also expenses related to the selection 6 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures process. Selection committee members are sometimes paid an honorarium for their efforts. If artists are selected nationally there may be airfare and hotel costs, and finalists (3-5) receive an honorarium for final proposals. Invitational- The RFP process (above) is time consuming. In some cases, rather than reviewing a large number of proposals, a smaller number of artists can be invited to submit proposals. These artists can be located through a variety of means including review of current public works, contacting local arts organizations, speaking with local arts professionals and/or contacting national organizations. Although this is the same basic selection process as the RFP, it reduces the office work and time needed to interview a large number of artists. Cost Rangefor selecting artists: $1,000 - $75,000 Invitational projects often include artists with established careers, which usually mean they come at a higher expense. Cost also reflects miscellaneous expenses like daily stipends for visiting finalists, hotel costs, airfare, etc. A. Selection Panel The selection panel will consist of art professionals and enthusiasts, neighborhood residents of proposed site, general community members, city administrators (e.g., public works department members), etc., and the makeup of the panel will be chosen on merit of value provided to the selection of each specific project. B. Call for Entries The commission will issue either an RFP (request for proposal) or an RFQ (request for qualifications) as the call for entries. The process for public awareness of each public art project shall be developed and tailored for that project. Methods for communication of the public art opportunity may be internet, print, public service announccments, and or other appropriate channels to ensure the right population becomes aware of the opportunity. Enough time must be planned for public awareness to allow for timely distribution of the call for entry message(s). VI. FUNDING Strategies Success for any public art program is determined, in a large part, to the reliability and depth of funding. In Ashland, funding for the public art will be a blend of private and public funding systems. The mechanism to offer that sustained level of monetary resources wi Il be a portfolio of sources which, in aggregate, will create viable and long-term resources to fund and proliferate public art in the Ashland community. Some of the sources of funding for the Ashland Public Arts Commission may include: A % of the City's budget that is spent on constmction and renovation of public facilities, parks, and selected capital improvement projects in already "built environment" - streets, bridges, 7 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures sidewalks, etc. It should also be considered in the price of purchased facilities and remodeling costs. A line item in the City's budget approved by the City Council each year. Initiatives to encourage private development projects to dedicate a percentage of overall budgets to public art. Other contributions and gifts by corporations, foundations or private individuals. Fiscal Management The Ashland Public Arts Commission must have the authority to "pool" public al1s funds to ensure it is directed toward projects with greatest visibility, or to projects with the greatest need for aesthetic design treatment. The direction of funds toward specific projects will result in a program that truly addresses both the public art and the larger goals of the community. The Public Arts Commission will accept funding from the variety of sources listed above. The fiduciary responsibility of the fund will be held by the City of Ashland. VII. ARTIST CONTRACTS The City of Ashland adheres to the ORS 279ABC which refers to all public contracting, goods and services, public improvements. A contract is the f0l111al agreement between the City of Ashland (COA) and the artist that outlines what is required and expected of each party. Contracts include all the information necessary for a clear understanding between the artist and the City. The contract will detail the commission amount, the artist's expected payment date, the party responsible for payment, and the procedure by which the al1ist's designs and maquette's will be reviewed and approved. Schedules for fabrication, transportation, and installation of the artwork and the responsibility of the City in maintaining the completed work will also be detailed. Though there will be a standard contract, ilexibility within its structure \vill address the particulars of each project. In cases where m1ists are not familiar with contracts or binding agreements, city administrators will take time to walk the artist through the process ensuring that the requirements and expectations are clear, especially with regard to budgets and timetables. Contract Terms The following items will be added to the existing COA artist contracts or modified as follows: Title and Ownership The artist retains all rights and interest in the artwork except for rights of ownership and possession, which are passed to the City upon final acceptance. The artist \varrants that the m1work is his/her sole 8 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures and original creation, does not infringe upon any copyright or trademark. Tfthe commissioned artwork is one of a multiple edition, the warranty will be modified to state this. Reproduction Rights/Copyright Artist retains all rights under the Copyright Act of 1976. However, the artist agrees not to make an exact duplicate or pcmlit others to do so, cxcept by writtcn permission of the City; the artist also grants the City the irrevocable license to make two-dimensional reproductions for promotional purposes. In turn, the City agrees to give the artist the appropriate credit on all such promotional pieces. The credit will include the copyright symbol, name of artist, title of piece, and date of completion. Warranties/Risk of Loss Artist warrants that: I. The artwork is made of quality materials; 2. The artwork is free of defects; and 3. The artwork will remain in good condition for 10 years under normal conditions with routine maintenance. Additionally, the artist will remedy at his/her own expense any defect that occurs during the first year after installation. Finally, the artist warrants that the artwork will not contain any physical characteristics, which pose a hazard to public safety. Fabrication and Installation Because no two public art projects are exactly alike, the fabrication and installation stipulations required of artists in their contracts will be fairly general in naturc. In tcrms of fabrication, thc contract will stipulate reasonable durability and protection of materials, such as the use of anti-graffiti coatings on all works. The COA call for artists (RFP or RFQ) may outline certain material preferences for maintenance. Artists will supervise fabrication to assure quality control wan'anties of the contract. Fabrication requirements will include, at minimum, that: 1. Artworks be free from defect, 2. Artworks be made of high quality materials, 3. Craftsmanship be of high quality, 4. The artist, the COA, and the Stakeholders Committee review the fabrication of the work while in progress. Installation responsibilities betwecn the artist, the City, and the commissioning city agency will be detailed in contracts. For installation, the artist's methods will be approved by the commissioning city agency and, if necessary, a state licensed engineer (particularly when artists are responsible for paying for the installation, such as with artist-community collaborations). The pennanence of installation will be the issue of that approval. and specific requirements will be imposed, such as thc usc of safety hardware for hanging a suspendcd artwork. In addition, the following points will be considered: 9 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures 1. Artist will approve site preparation before installation begins; 2. Artwork is to be installed when it is in no danger of being damaged by on-site constmction work; 3. Standards and requirements set forth by the commissioning city agency for installation should be adhered to; and 4. The artist is responsible for loss or damage to artwork prior to its installation on city property. Maintenance The artist will submit maintenance requirements and guidelines for artwork to the City, developed in conjunction and cooperation with the COA and/or the commissioning city agency. In turn, the City will maintain the artwork and make decisions regarding repairs and restoration based on the maintenance guidelines submitted and in consultation with the artist when necessary (as per the Visual Aliists Rights Act of 1990). The City agrees that it will not intentionally destroy, damage, alter, or modify artwork, and that the artist will be informed of any alteration to their artwork. Risk Management The artist shall provide and maintain policies of comprehensive general liability insurance in speci fied amounts to be detennined by the City covering the period from which the art is being installed until the final acceptance by the City. The City and architect will be named as insured on all insurance policies. Assignment of the insurance responsibility prior to, during, and after installation is clarified in contracts. The more information the Office of Risk Management receives the more helpful it can be. The following points should be considered: 1. To reduce the City's liability, fabrication will be done off-site whenever possible; 2. The engineer who signs off on the artist's drawings must verify that the final artwork has been built to specifications by inspecting the artwork after installation; 3. The artist is responsible for providing general liability insurance when the artwork is in transit, being delivered, and installed; 4. The artist is responsible for damage to the miwork until installation on city property; and Documentation The artist must attach a detailed description of the project with approved designs and drawings to the COA upon completion of the work. Under the present agreement, the City also stipulates that the artist is responsible for providing photo documentation. The City may wish to consider assuming the responsibility of photo documentation for archival and public affairs purposes. (See section 10, Maintenance of Aliworks, Conservation of Art Collection.) De-accession 10 1" I CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures De-accessioning may be addressed by refening to the approved deaccessioning policy or by specifically addressing the issue directly in the contract. De-accessioning public art must consider the federal regulations set forth in the Visual Artists Rights Act of 1990. Sign age The City will prepare and install a plaque at the site that identifies the artist, the title of artwork, copyright symbol, date of completion, size of the work, and medium. Contract Enforcement Perfomlance requirements identify whether or not artists are in compliance with the stipulations of the contract. There must be set guidelines if an artist is late, over budget, or completes project ahead of schedule. These requirements may be tied to budget allocations. When the artist is under contract to the architect, the architect is responsible for the enforcement of that contract. Termination or Cancellation of Contract The agreement terminates if the underlying construction project is canceled. The City may also tenninate the agreement if the artist willfully or negligently fails to fulfill any of the covenants, agreements, or stipulations of the agreement in a timely manner. Ifthe artist is not able to produce an acceptable design in a timely manner, the body with which the artist has contracted (the architect or the COA) has the right to temlinate the contact by giving written notice to the artist of its intent. The artist shall have thirty (30) days to cure the default by producing an acceptable design. If the artist defaults, all finished and unfinished drawings, sketches, photographs, models, and Marq uette' s of the work shall become thc city's property in payment for damages caused to the City by the default on the part of the artist (project cost, overruns, etc.). The City must pay the artist for any work completed up to the point oftenllination as stipulated by the payment schedule. The remaining monies revert back to the COA to finance the completion of the art\vork when feasible. The City may withhold a reasonable amount of payment to the artist until the exact amount of any damages is detemlined. Should an artist's contract be terminated by the City due to negligence or noncompliance on the part of the artist, the City has the right to consider that artist ineligible for any future art projects funded by the City. Project Delays If the artwork is ready on time, but the construction project is late, the commissioning city agency should pay all maintenance and storage costs for the artwork until it can be safely installed. When an artist completes a work before the completion date agreed upon in the contract, the artist will be responsible for storage charges. Should the construction project be completed on schedule, but, due to 11 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures conditions beyond reasonable controL the artist is late producing the finished artwork, it will not be considered a breach of contract, and the City will grant a reasonable extension of time to the artist. If the City incurs costs by such a delay, the contingency fee (see below) will be used to cover these charges. Contingency Fee 10% of the total art project budget will be set aside as a contingency fee to cover unforeseen and unavoidable expenses associated with the artist's completion of the project. If the contingency fee is not adequate to cover such costs, a renegotiation of the budget tenns of the contract and lor an option to tel1ninate the contract can be considered. If the contingency fee is not used, it can be either added to the artist's design fee, set aside for emergency conservation of the artwork. VIII. ACCEPTING GIFTS Donations of Art There has been in the past and expectedly in the future generosity within our community in the area of donations of artwork. It is inherently the jurisdiction and responsibility of the Ashland Public Arts Commission to accept, care, and manage these important contributions. As the curator of the City's public mi, the Commission must be responsible for all art donations. All decisions to accept or decline public art shall rest with the PAC, as the designee of the City Council. The Public Arts Committee will use the same criteria for accepting and or declining donated art that they use for acquiring new pieces of art for Ashland. (See IV A. and B. above) Anyone wishing to donate existing artworks must contact the Public Arts Commission. The process for donating existing artworks: The Donor contacts the Commission to discuss the potential gift and provides photographs of the work, or the work itself. The Commission then evaluates the potential usability of the artwork according to PAC Master Plan criteria and the criteria in section IV, or a selection panel may be assembled to detem1ine the suitability of a donated piece of art. An up or down vote will then be conducted to decide acceptance and recorded in commission minutes as per normal procedure. If PAC accepts the gift, the Donor is acknowledged (if agreeable) in plaques and promotional materials. If the artwork is declined, the donor will be notified with a formal "thank you" note with reasoning of the decision. Anyone wishing to donate a ne\vly commissioned piece of aliwork will be handled as follows: The donor contacts PAC and is invited to a meeting to discuss the idea for the commission and the process of commissioning. The PAC evaluates the donator's concept and either accepts or rejects the concept for further process work, or a selcction panel may be asscmbled to dctcnninc thc suitability of a donated picce of art. 12 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures If accepted, the full spectrum ofP AC criteria would still be followed with consideration of site, safety, etc. The donor (or his/her selected artist) \vill then follow the process for implementing a piece of public art as articulated above. If the donor is indeed commissioned to proceed with the project, full project fees will be deposited for the project with the City Fund to be drawn on by the artist to ensure intelTupted completion of the artwork. These funds should also include any monies required for plaques and/or other promotional material needed for commissioning. Donations of Cash Donations of cash will be an important resource to the work of creating public art in the Ashland community. As a policy, all cash donations will be welcomed-with or without stipulations-and deposited in the Public Art Commission Trust Fund. All monies donated to the Ashland PAC will be held in the City's general fund without risk of redirection of funds for other City purpose. All monies donated will be receipted to the donor for tax purposes and accounted for using generally accepted accounting procedure. X. EDUCATION The Ashland Public Arts Commission may engage in educational activities within the Ashland community to further the appreciation and understanding of the visual arts. This education may be conducted through a variety of methods, but all programs provided through the PAC will follow the following procedure: I. Topics and events for education will be generated from the community and be discussed and prioritized by the PAC. a. The role of the PAC will be to detennine suitability of the education in alignment with the mission and values of the Public Arts Commission. 2. Once a topic is identified and accepted by the PAC, the PAC will develop a project plan in concert with the requesting party(s). The project plan will, at a minimum, detel111ine timelines, resources (people and funding), and key deliverables toward the successful implementation of the education program. 3. The PAC may outsource the education program through community providers, or it may pmticipate directly in the execution of the educational program. 4. If funding is required, the PAC will either use general funds, or work with the community to generate donations or charges at the door to cover the costs of the education program. If the funding should be from the general funds, the PAC must prioritize the spending for education versus tor new commissions 0 f public art. 5. After the educational program is conducted, the PAC will ensure there is a proper evaluation process utilized to ensure the program was successful in relationship to its goals. 13 CITY OF ASHLAND City of Ashland Public Arts Commission Policies & Procedures XI. DEACCESSION When Public Art in Ashland is considered to have lived its useful life, has become culturally unacceptable, damaged, or in any other way inappropriate for exhibition in Ashland it shall become deaccessed or removed from the community as sanctioned public art. The Ashland Public Arts Commission is responsible for managing the deaccession process for the City of Ashland. The process for removing art will be as follows: When a situation arises where a particular piece of public art is deemed as "ready for removal," the Public Arts Commission will determine whether a community referendum needs to be generated, or if a simple decision of the City Council would be appropriate for the removal. Once approval is obtained, the Public Arts Committee will commence the removal process. I l' the art is reusable, the PAC may determine that a process of donation may be most appropriate for the piece. The PAC may contact other communities, post a notice in Ashland to generate interest within the community, or contact other local agencies, businesses or groups to see if they may be interested in a donation. If the art has potential resale value, the PAC may initiate a public auction or sale of the piece. When there is a sale of public art, the proceeds will go into the general fund of the PAC for future commissions of art. If the art is any \vay deemed non-reusable. the PAC will remove the art from the community and dispose of it in an appropriate fashion. 14 CITY OF ASHLAND Council Communication loth Annual Report on Implementation of the Valdez Principles ~ Meeting Date: September 05,2006 Primary Staff Contact: Dick Wanderscheid, 5 2- Department: Electric ~ 2061 wandersd(aJ,ashland.or.us Contributing Depart. Planning Secondary Staff none Approval: Martha Benne Estimated Time: 10 minutes Statement: The 10th Valdez Principle requires an annual report on implementation. This is the 10th annual report submitted to the Council. It is not time sensitive. Staff Recommendation: None, for informational purposes only Background: The Ashland City Council adopted the ten Valdez Principles in May, 1990. The 10th principal requires an annual report on the progress of implementation. This is the 10th report to Council. The report consists of listing programs, initiatives and City activities that support each of the principles. It is an ongoing, growing list with new items and descriptions added in Italics. Inactive programs are put in parenthesis to show their inactive status. In August, 2005, the 9th annual report was presented to the Council. In reviewing the minutes to that meeting, there was a request to look at the City's Fleet policies with an emphasis on what the City could do to "Green Up the City's Vehicle use." As a result of that, the City's Public Works department developed a detailed memo and it was forwarded to the Council in October 2005. Also during the budget process, Public Works prepared a memo on vehicle efficiency for the budget committee. Both of these memos are included with this report as attachments. The minutes also mentioned posting the Valdez principles on the City's web site which has been done. The Cities for Climate Protection initiative which the City is implementing in conjuncture with the Environmental Education Program at SOU is being updated per a request from Councilor Jackson. The City became a member of the International Council for Local Environmentallnitiatives (ICLEI) in 2004. ICLEI is an association of cities, towns, counties, metropolitan governments and local government associations. Its mission is to build and serve a worldwide movement to achieve tangible improvements in global sustainability with specific focus on environmental green house gas emissions through cumulative local action. ICLEI has recently hired a regional program officer for the Pacific Northwest. Her name is Amy Shatzkin and in addition to phone conversations with Electric Conservation staff, she plans a trip to Ashland this fall to learn about Ashland's numerous initiatives and also to see ifthere are ways that we can facilitate providing information on our initiatives for other local governments in this region. 1 rtl' When this program was initially proposed to the Mayor and Council, we envisioned a partnership with the Environmental Education class at SOU doing much of the research and initial data gathering. In June, 2004, three SOU Students produced a greenhouse gas inventory for the City. The following is an abstract from that report: "Local citizens have requested that Ashland participate in the Cities for Climate Protection Campaign (CCP), a campaign designed to get local governments involved in protecting the environment. The first step of participation is to complete a greenhouse gas inventory. This inventory includes gathering data on energy consumption, transportation and solid waste disposal for the city and community. The preliminary results of this inventory suggest that transportation is the primary source of greenhouse gas emissions in Ashland. Before Ashland can fully participate in the CCP, the remaining data must be collected and the data must be analyzed using software purchased from the CCP. " Subsequently, one additional SOU Environmental Education student also showed interest in this project and completed a report in 2005. The abstract from that report is as follows: "Greenhouse gas emissions are a major problem worldwide and need to be addressed rapidly and with concern. The greenhouse gas emissions are thought to contribute to global warming, a process by which emissions, such as carbon dioxide, are emitted into the atmosphere and have a warming effect on the earth's atmosphere and climate. The Ashland for Climate Protecting Project is a process by which the emissions are determined and evaluated for Ashland, Oregon through data assessment, new-data input, computer-program valid action, comparisons with similar cities and recommendations. Ashland emissions were determined by assessing the previous data outputs in the lCLEl computer program. Raw transportation data was gathered through the City of Ashland and a complete an up-to date output of the emissions for Ashland was conducted. Once the results were calculated, the lCLEl computer program was validated to assure its accuracy. The results are compared to those from similar cities, specifically Arcata, California and Boulder, Colorado. Recommendations were made to reduce the greenhouse gases. " Larry Giardina, of the City's Conservation staff, has served as the Liaison to SOU students in this project. He presents this option each fall to the class of Environmental Education Students to see if any might want to work on it as a capstone project. In the fall for 2005, the two students looking the initial two report's conclusions that transportation was the major producer of greenhouse gas, and focused their energy on a campus transportation project they completed in Spring, 2006. Their report entitled 'Promotion of Alternative Transportation on SOU Campus' has not been finalized, but the City has received a Power Point presentation they made to the class as a part of the project. Their approach was to create a pamphlet identifying alternative transportation resources available to SOU students, to develop three alternative transportation bulletin boards on campus, and to survey and map existing bike racks and to construct a new bike rack at the Library. They also, in conjunction with ECOS, held a bike building bonanza, provided free bike tune-ups every Tuesday and created a bike rental program on campus. In cooperation with a research methodology class they designed and administered a Transportation Mode-Split phone survey of faculty, staff and students. When this report is finalized Staff will make sure a copy is provided to the Council. Conservation staff will again this fall try and entice a partner of the class to adopt another portion of the project to work on this academic year.(2006-07) In our conversation with the new regional program officer for ICLEI, it has become clear that Ashland's activities surpass virtually all other members. Much of this is because of the fact that we are an Electric Utility customer of BP A and that both City and BP A activities over the last 25 years have positioned us as 2 CITY OF ASHLAND a regional leader in these areas. That said, the major areas that we must focus on with respect to greenhouse gas emissions are transportation, smart growth and land use planning initiatives. Related City Policies: Not applicable Council Options: No action required Potential Motions: Not applicable Attachments: Valdez Principles Document Vehicle efficiency memo from Mike Morison, Jr. to Lee Tuneberg Green Fleet Memo from Mike Morison, Jr. to Joe Strahl 3 rtl' 1" I City Activities and Initiatives that Support the Valdez Principles September, 2006 Items in Italics are new to the list this year (Items in parenthesis are completed or no longer active) 1. PROTECTION OF THE BIOSPHERE a) Environmental and Physical Constraints Ordinance b) Flood Plain Ordinance c) Herbicide Policy d) (Ashland Watershed Partnership Participation and Policy) e) (Roca Creek Project) f) (Ashland WTP Wetlands Demonstration Project) g) Hillside Development Ordinance h) (Ashland Creek Restoration Project) i) Air Quality Programs j) Storm Water Master Plan k) Fire Department Vehicle Washing Policy I) Riparian Ordinance Revisions m) (Ashland WWTP Upgrade) n) Street Standard Revisions 0) Storm Drainage Cleaning and Maintenance p) Erosion control planning and bank stabilization measures in Public Works projects q) (Installation of storm ceptor in new Winburn Way Bridge) r) Construction Training for creek protection by Public Works s) (Granite Street Quarry Restoration Project) t) (Pistol range restoration project) u) Tree Preservation Ordinance v) (Installation of storm ceptor in Gresham Street as part of the Library Project) w) (Bioswale on the Elk's parking lot) Page 1 of8 x) (Oil and grease separator at the new Fire Station) y) Riparian & Wetland Area Inventory z) Tree Replacement Rebate Program aa) (Riverwalk Ponds) bb) (Siskiyou Blvd Reconstruction) cc) (Dewatering Centrafuge at WWTP) dd) (Purchase of New Bio-fuel Tank) 2. SUSTAINABLE USE OF NATURAL RESOURCES a) Renewable Resource Generation Policy (net metering) b) City's Solar Water Heating Program c) Performance Standards Development Ordinance d) Transportation Plan e) Bicycle Commission activities f) City Open Space Acquisition Plan g) Comprehensive Water Supply Study h) Ashland Solar Pioneer Program i) (New bike path along Railroad ROW) j) (Certified Wood Program) k) 20% water conservation goal of Comprehensive Study I) (Chamber of Commerce Wise Resource Usage Booklet provided to every household in Ashland was distributed in the spring of 2005) m) (Water efficient landscaping tour) n) (Green Power purchase by the City) 0) Natural gas vehicle p) (Transportation, Transit and Parking Initiative) q) ("B" Street subsurface drip irrigation system and signage) Page 2 of8 r) Irrigation signage at Copeland lot and Wilderness Charter School s) Solar Electric Rebate Program t) (Rate Mitigation Agreement with BPA) u) (Use of certified wood in Hillah Temple Project) v) (Solar electric system installation at Ashland Middle School) w) Affiliated Marketing agreement with the Bonneville Environmental Foundation (BEF) for the sale of Green Tags x) (New Solar Electric System at Wilderness Charter School) y) Efficient Refrigerator Incentive z) Earth Advantage Program aa) (Siskiyou Blvd Reconstruction) bb) Renewed 3-year purchase of Environmentally Preferred Power(EPP) The City Council renewed our purchase of 1 aMW of EPP for 3 years. The EPP purchase represents 5% of our total wholesale power supply and made up of 100% NW Wind resources. cc) LEED Fire Station Commitment The Ashland City Council committed to build and certify the new Fire Station No 2 to LEED Silver Standards if the bond sale is approved by voters in November, 2006. dd) Bonneville Environmental Foundation (BEF) Direct Mail Campaign Within the next couple of months, BEF and the City will be conducting a direct mail campaign to all Ashland addresses to try and increase the number of Green Tag Sales by Ashland residents. ee) New Solar Electric System at North Mountain Park The Parks Department installed a new solar PV system and educational kioski at North Mountain Park. ff) Clean Renewable Energy Bond (CREB) Application The City submitted a Bond application to the IRS for $500,000 to construct a new solar Electric Generation System on City owned facilities located at 90 N. Mountain Ave. Upon approval of the application (expected by Nov. 2006), the city will sell bonds to fund this system and then sell the output to Ashland citizens on a voluntary basis under the Solar Pioneer /I program. 3. REDUCTION AND DISPOSAL OF WASTE a) City's recycling programs b) Styrofoam Ban Page 3 of8 c) Composting Programs d) Conservation Commission activities 1) (Tree free paper utility bill insert) 2) (Green Schools Program) 3) (Conservation Commission video productions) 4) (Jefferson Monthly articles) 5) Green Business Program 6) Adopt-A-Street Program 7) (Water efficient landscaping tour) 8) (Water wise newspaper articles) 9) (Energy conservation newspaper article series) 10) (TID education project) 11) (Newspaper article series on recycling) 12) (Earth Day event at North Mountain Park, 2nd annual event held in 2003) 13) (Rain Water Catchment Class) 14) Solar Home Tour 15) (Greening the World Wellness Weekend) 16) Cities for Climate Protection e) Minimize the use of chemicals in City Public Works operations f) Asphalt reuse by Public Works g) (Revision to City's Styrofoam Ordinance) h) Water based street paint i) Switch from diesel fuel to propane for fire extinguisher training conducted by Fire Department j) Ashland Sanitary Yard Debris Pick-Up Program k) Recycled Paper I) Increase Recycling Opportunities m) Temperature study for the WWTP Effulent Page 4 of8 n) Piping of Filter Backwash Water to the WWT Plant. 4. WISE USE ENERGY a) Performance Standards Development Ordinance b) Transportation Plan c) Conservation Commission activities d) (Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of Commerce)) e) Energy and Water Conservation Programs f) (Certified Wood Program) g) City's natural gas vehicle h) Conservation Augmentation Agreement with BPA i) (Council allocation of money to provide free bus services in Ashland in FY 2004-05) j) (New Commercial Resource Conservation Audit cost-share program conducted in conjunction with Oregon Manufacturing Extension Partnership (OMEP)) k) Ashland/BPA Power Shift Pilot Program I) Use of Bio Diesel in the City Fleet m) Use of Soy Oil in Electric Transformers n) The City's Public Works Department purchased a New Hybrid vehicle for use by the Water Department. 0) Fluorescent Bulb Recycling Grant by the Conservation Commission The City of Ashland s Conservation Commission has provided $1,000.00 to cover the costs of recycling florescent tube and compact fluorescent bulbs. This allows Ashland Citizen's to recycle these items without charge at the recycling Depot on Water Street. p) Electric Department Purchase of a Ford Escape Hybrid Vehicle The City's Electric Department will be replacing an old Jeep Cherokee with a new Ford Hybrid Escape. q) Diesel Fleet Retrofit Public Works and Administration have been working to secure a grant to retrofit the majority of the City's diesel fleet with aftermarket emission reduction devices. These devices could reduce the emissions from some diesels by as much as 90%. If awarded, the grant could fund as many as 19 retrofits of our most frequently used diesel vehicles. r) Electric's New Line Truck The City is replacing its 17 year old Line Truck with a new truck. We purposely waited for the 2007 model to be available because they have higher safety and emission standards then the 2006 models. Page 5 of8 s) New Economizer on Fire Station No 1 The City installed a new economizer on the HV AC system at Fire Station NO.1. t) New Soft Start Equipment at the WWTP The City is evaluating and hoping to install soft start equipment on the large motors at the City WWTP plant. This should not only save energy and demand, but also preserve equipment life. u) Subsidized Bus Fare The City Council authorized a $290,000 subsidy to RVTD to provide $.50 fares in Ashland during FY06-07. v) Business Energy Tax Credit (BETC) The City is attempting to get a tax credit for the money provided to RVTD over the last few years for bus subsidies. 5. RISK REDUCTION a) Herbicide Policy b) EMF Policy c) Revisions to City Emergency Management Plan d) Ongoing training and simulations of emergency situations e) Ongoing safety training of City field personnel f) (Y2K preparedness) g) Community Emergency Response Team Program h) (Fire and Police Department videos) i) (School safety programs) j) (New fuel tanks at the City yards and airport) k) (Riparian video) I) (Riparian workshops) m) (Wildfire forums) n) (Siskiyou Blvd Reconstruction) 0) Community Wildfire Plan p) Water Street Bridge The City has replaced the Water Street Bridge over Ashland Creek between "B" Street and Van Ness. This new bridge is designed to improve water passage during high water events. Page 6 of8 q) New Pedestrian Bridge Over Ashland Creek The replacement of the old wooden pedestrian bridge adjacent to the new Shasta Building is designed to improve water passage during high water events. 6. SAFE PRODUCTS AND SERVICES a) Herbicide Policy b) Environmental training for Public Works field personnel c) (Consultation by Public Works with AWP members or other local experts on appropriate environmental techniques) d) Construction notices to affected properties in advance of Public Works projects e) (Certified Wood Program) 7. DAMAGE COMPENSATION a) (Ashland Creek Restoration Project) 8. DISCLOSURE m) n) 0) Page 7 of8 a) Herbicide Policy b) EMF Policy c) Environmental training for City field personnel d) Construction notices for City projects e) (1998 Water Quality Report (published July 1999)) f) g) h) (1999 Water Quality Report (published June 2000)) (2000 Water Quality Report) (2001 Water Quality Report) (2002 Water Quality Report) (2003 Water Quality Report) (2004 Water Quality Report) i) j) k) I) 2005 Water Quality Report (City Source Energy Conservation video) (City Source Water Conservation video) Wildfire Hot Line 9. ENVIRONMENTAL DIRECTORS AND MANAGERS Dick Wanderscheid has Environmental Affairs as a designated responsibility. 10. ANNUAL ASSESSMENT This is the tenth annual report submitted to the City Council as required by the 10th of the Valdez Principles. Page 8 of8 CITY OF ASHLAND Memo DATE: TO: FROM: RE: August 18, 2006 Lee Tuneberg Mike Morrison Jr. Vehicle Efficiency During the May 22, budget committee meeting; the issue of fleet efficiency was raised by Counselor SiIbiger. He was concerned about our purchasing practices, and raised the issue of several large pickups and SUV's planned for purchase. From what was said, it appeared that he thought we were not being as efficient as we could be. Efficiency is one of our primary goals when the type of vehicle for purchase is chosen. We do however factor several things into efficiency other than just fuel economy. Many of the vehicles we purchase are used for very job specific purposes. When we choose to request a large vehicle for purchase, it's chosen because it is the most efficient vehicle for its intended use. This year we have requested three I-ton pickups. One of them will be for the Cemetery Department. That truck will have a small dump bed on it, as they use it to carry dirt and other heavy materials on a regular basis; they are also required to tow a trailer with their riding mowers, so a heavy duty truck is required for this. The Fire Department has also requested a large pickup. They will be using the truck for a brush truck which means it will carry fire fighting equipment used for fighting brush fires. This equipment includes a pump, water tank, and hose assembly. This equipment when full of water weighs close to I-ton, so a large truck is the only type of vehicle that will work in this application. AFN is also looking to get a I-ton truck this year. The truck they are replacing is often used to tow trailers, and carries a lot of weight. Even though the I-ton pickup is larger, it will do the job more efficiently, and safer than a smaller truck. A larger truck will pull a large load up a hill much easier than a lighter duty truck. In heavy use applications, a heavy duty truck is actually more efficient than a light duty truck, as the heavy duty truck does not have to be worked as hard to accomplish the same task. The heavy duty trucks also last longer with heavy use as compared to the light duty trucks. Unfortunately at this time, a more efficient vehicle is not available for the Police Department. The patrol cars are required to meet certain qualifications to be patrol rated. At this time only two vehicles are available that meet these requirements. We do not have a lot of choice when it comes to the patrol vehicles. For the detectives, we have chosen to go with mid sized cars as they still need room to carry their equipment, but do not require the patrol rating. The police department has requested to replace an existing SUV with a new SUV. They have told us that for its intended use, and SUV is what is required to do the job. They know better that anybody what it takes to do their job so I don't feel it's my place to question this decision. Maintenance Department 90 N. Mountain Ave. Ashland, Oregon 97520 www.morrism.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 ~., Weare looking to replace a small pickup and a small SUV with hybrid SUV's. Both of the vehicles will be required to carry a small amount of materials and tools, so something larger than a car is required. Also one of them gets into occasional off road use, so four wheel drive is sometimes required. lt was discouraging to hear that our choices were considered inefficient. Job efficiency is a primary goal in new vehicle purchasing. We take many factors into consideration when making our decisions. Fuel efficiency is definitely one of these factors, but with so many variables, fuel efficiency can vary greatly depending on use. A heavy duty pickup will get better mileage while carrying a heavy load than a light duty pickup would, carrying the same load. Also if the trucks are to be used in a heavy use application, which many of our vehicles are, heavy duty larger vehicles hold up much better, therefore last longer, and don't have to be replaced as frequently. Overall job efficiency, not just fuel economy is what we take into consideration when we choose what type of vehicle to purchase. If a larger vehicle can do in one trip, what a smaller vehicle could do in two trips, but does not require twice the fuel, the larger vehicle is more efficient in both fuel and time. I understand and appreciate what Counselor Silbiger had to say, and would like to let him know that efficiency is very important to us. With only seeing what vehicles we have requested, but not knowing what those vehicles are to be used for, it must look like efficiency was never considered. I would like to let him know that this is definitely not the case. We identified more than twenty city vehicles that we can replace with hybrids; we are also looking to reduce the size of some of our vehicles as it comes time to replace them. Unfortunately in many cases, due to the work required, only heavy duty, large vehicles can do the job we need them to do. lt is unfortunate that Counselor Silbiger has had to raise this issue six years in a row with no response. I want to convey to him that everything he said was heard and understood. I would be more than happy to discuss how present and future purchasing requests will have his comments and suggestions in mind. Maintenance Department 90 N. Mountain Ave. Ashland, Oregon 97520 www.morrism.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 r~' CITY OF ASHLAND Memo DATE: TO: FROM: RE: August 18, 2006 Joe Strahl, Dick Wandersheid, Mike Morrison Sr. and Gino Grimaldi Mike Morrison Jr. Green Fleet Motion We appreciate the opportunity to provide you with information on how the city fleet maintenance division currently purchases and maintains our fleet. While the term "Green Fleet" is a new term, these ideas are not new ideas to the city, and we appreciate the opportunity to share our current and future plan with you. We have, over the past ten plus years, had efficiency as one of our leading priorities when it comes to the purchase and maintenance of our city fleet. It has only been in the last couple years that practical alternatives to conventionally powered vehicles have become viable. This has finally given us more tools to improve the efficiency of our fleet, while at the same time maintaining the current level of service that our community expects from us. The make up of our fleet will continue to change as new and more efficient vehicles become available. City councilor David Chapman recently made a motion to direct the city staff to design a green fleet program and report back to the city council for approval. This type of strategy has been in place for some time now, this is however the first opportunity we have had to put it into writing, and share it with you. We have responded to the example strategies that Councilor Chapman has purposed and below is a response to each of those examples. Again, thank you for the opportunity to share this information with you. 1. Collecting data. Catalog city vehicles and their fuel consumption (MPG). What is the total cost of fuel in both money and environmental impacts. We have been asked to show the efficiency of our fleet by reporting the miles per gallon, of individual vehicles in our fleet. This would be a very labor intensive task and we feel this is not an accurate way to demonstrate our improvements. The job performed by our fleet is different every day, ifthe vehicle is required to pull a trailer, the miles per gallon will be much lower than if the same vehicle is driven to Medford and back. Without giving a detailed report of what the vehicle is being used for, miles per gallon is not an accurate way to report efficiency. Through the course of a year, the amount of work performed will be similar from year to year. If we are able to continue to do the same, or even more work, while at the same time reducing the amount of fuel used, this demonstrates that we are improving the efficiency of our fleet. The graphs below show the amount of fuel used each of the last five fiscal years, and also show the number of vehicles, both diesel and unleaded that the city has owned each of the last five years. While the number of vehicles has gone up 4.5%, the amount of fuel used has gone down 7.5%. The reason for this is that as vehicles are replaced, we evaluate the use of that vehicle, and purchase the most efficient vehicle for that job. In several evaluations we have Maintenance Depl 90 N. Mountain Ave Ashland, Oregon 97520 morrism@ashland.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 r~' found that a medium duty pick up is not capable of doing the job as efficiently as a heavier duty pick up. We have replaced several medium duty unleaded pick ups, with heavier duty diesel pick ups. Many of the jobs require the trucks to carry heavy loads, or pull large trailers. The larger pick ups are able to do this much easier, therefore more efficiently than the lighter duty pick ups, also in a safer manner. We have also switched several trucks from medium duty trucks, to light duty trucks. If the primary use of the truck is to move people, we have switched to light duty trucks like the Ford Ranger. We have considered cars for some ofthese positions, but the small pick ups have some advantages that make them more valuable. Weare still able to carry the tools and equipment necessary to do the job, also we are able to keep things out of the passenger compartment, like ground marking spray paint, which we would not be able to do with a car. We will continue to evaluate vehicle use as it comes time for replacement, and we will continue to keep efficiency as one of our top priorities. 60,000 . 80 70 50,000 60 40,000 50 Number Gallons 30,000 of 40 Vehicles 30 20,000 2000- 2001- 2002- 2003- 2004- 2000- 2001- 2002- 2003- 2004- 2001 2002 2003 2004 2005 2001 2002 2003 2004 2005 37665 37708 40276 37466 38569 49 48 49 50 51 !I Diesel 56214 49362 48806 43945 48207 72 73 74 76 76 . Unleaded 10,000 II II II II II I II II II II II I I,.. ~ fi ~ (,,/ I #} ., "",''!.' fe~ I 't ~ ~ I Iw I I- I~ 10 I ~ ',;? " ,f~ "tj ;,',',~,',',.t,' ~7 ",' .',';',".; I'i,.~', I~ I I),. 11,1,'.. I ~i I I' I '~ 17 I 'I~ " ~ ~ 'I~ I: I~ I~ I~ I I __ Maintenance Depl 90 N. Mountain Ave Ashland, Oregon 97520 morrism@ashland.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 r.l' l' I 2. Optimizing vehicle travel, operation, and maintenance. This should include eliminating the need to idle vehicles (including Police vehicles). Part of the responsibility of the person planning a job is to do it as efficiently as possible. This means that vehicle travel is kept to a minimum, only necessary equipment is used, the fastest route to and from the job is used, and when a piece of equipment is not in use, it is turned off. We have had some special considerations lately with the police department. They added computer to their cars in the last couple years, and because of this we have had some related electrical issues with the cars. The computers are used to give the officers up to the minute information on situations, including pictures of people they are looking for, and vehicle information. In the event of an emergency, this information is critical, and can not wait for the computer to boot up. It can take as long as five minutes for the computer to boot up and for the officer to log in. The computer draws almost as much power as the head lights, if the officer has to be out of the car, the car has to be left running or the battery will drain. This is why the police cars have been seen idling. We tried two different remedies to this situation. We installed an Optima battery into one of the police cars. This is a very heavy duty battery, that can be discharged longer and still have enough power to start the car. The other option we tried is to add a second battery, and a battery isolator to the trunk of the police car. This will allow the computer to run off of one of the batteries when the car is shut off, and the car can be started using the other battery. Both of the options require time and money to install, and both of them have their own drawbacks. We gave both options a three month test period. The three months was up in November. The option that proved most reliable is installing a second battery and battery isolator in the trunk. We are currently getting all the necessary parts together for the installation, and coordinating with the police department to begin installation. Each car will be out of service for three days as the upgrade is installed, we are working with the police department so we don't interrupt their work schedule. There are times around the holidays when they need every car available to them. Weare also replacing two cars in the next 4 months. We are not going to install the upgrade into those cars; instead we will wait and install them into the new cars when they arrive. We should have the upgrades done to the other five cars by the end of January. We will also send a memo to all department heads, from the maintenance staff, asking them to remind all their people to keep idling to an absolute minimum. Our maintenance program will continue to be proactive and prevent foreseeable problems before they occur. We keep all our vehicles running their best, so they run as clean and efficiently as possible. We also try to keep some continuity in our fleet, this way we can monitor problems with vehicles, and anticipate similar problems occurring, in similar vehicles. 3. Substituting other travel modes, or reducing the need to traveL In an effort to do things more efficiently, we have made a couple changes in our fleet. It used to be common for someone to use a pick up to travel around the service center. The area to cover is fairly large, and walking is not practical to do things quickly, or to move parts and equipment. We recently replaced the use ofthat truck, with a much more efficient golf cart. We are doing this on a trial basis, and if it works, we will continue to use the golf cart, therefore eliminating the use of that truck. Our cemetery department uses a small, efficient cart to maintain the grounds at the cemetery, rather than using the larger truck, to do the same job. Maintenance Depl 90 N. Mountain Ave Ashland, Oregon 97520 morrism@ashland.or.us Tel: 541.552.2355 Fax: 541-552-2304 TTY: 800-735-2900 r~' " I We currently try to keep our travel to a minimum. We will save up items to make one trip, rather than several trips to the same place. If two people need to go to the same place, they will work it out with their schedule to go at the same time and ride together. The need to travel is a necessary part of our job, we do try to do it as efficiently as we can, and will continue this practice in the future. 4. Using clean fuels in existing equipment when possible. We currently use oxygenated fuel in the winter to reduce emissions. We also have one truck that is powered by natural gas. Unfortunately, do to the local infrastructure, there are only two places in the valley to fuel this truck, therefore it is not practical for us to expand our natural gas fueled fleet at this time. We also have a propane powered forklift, and a battery powered forklift. We have looked into the use ofbio-diesel, but at this time we do not recommend the use of this fuel. We have checked with every manufacturer of diesel engines that the city currently owns, and all of them say use it in low concentration, and use it at your own risk. This means use it at a 5% bio-diesel, 95% conventional diesel mixture, and if there are any problems caused by the bio-diesel, they will not be covered by the manufacturers' warranty. The problems with bio-diesel is that it does not store well, due to bacteria growth, it has reduced power, so vehicles do not run as efficiently, and it has a tendency to get thick or gel, in cold weather, this can prevent an engine from starting until the fuel warms up. We will not use bio-diesel in our emergency equipment, like ambulances, fire trucks, and snow plows, and we would prefer to not use it in the rest of our fleet at this time. We will continue to monitor the progress ofbio-diesel, and ifthe problems are corrected, hopefully in the future we can begin converting our fleet to bio-diesel mixture of fuel. 5. "Right-Sizing" vehicle fleets by downsizing and eliminating vehicles. This year we are going to remove an older water truck from service, it is not used as much as it used to be, and is not a necessary piece of equipment for our city. We will be selling it in our next sealed bid auction. We are currently replacing two outdated fire engines, with one newer, up to date engine. One of the older trucks has already been sold, and the other one has been removed from service in preparation for it disposal. We have had some difficulty if finding a suitable used truck, to replace the two older trucks, but we hope to find something by the end of the fiscal year. It has been the practice of the maintenance division to add only what is definitely needed to the fleet. In most cases, if we purchase something new, something old is removed. Our fleet has grown slightly in recent years, but this reflects the growth of our town. The fire department added an ambulance to comply with federal regulations; they also added an "Urban Interface" fire engine that was purchased with a grant. The police department has increased the number of patrol cars by one. This allows them to have enough patrol cars, when one car is out of service. We continually monitor the needs of our city departments, and as vehicles become outdated or unused, they are replaced or removed from our fleet. We have been doing our best to purchase the most efficient vehicle for its intended use, sometimes this means a larger vehicle, often times it means a smaller vehicle. We will continue to purchase the most efficient vehicle for its intended use, and only keep equipment that is being utilized to its full potential. Malnlenance Dept. 90 N. Mountain Ave Ashland, Oregon 97520 morrism@ashland.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 r~' 1" I 6. Purchasing the most fuel-efficient lowest emission vehicles and considering alternatively fueled, hybrid and electric vehicles at replacement time. In the past ten years, the city has owned an electric powered vehicle, a natural gas vehicle. We have tested propane powered vehicles, bi-fuel (unleaded/natural gas) vehicles, and a different brand, all electric vehicle. We had results at the time of testing that discouraged us from purchasing those vehicles. It has only been in the last couple years that hybrid technology has reached a point where it is reliable and practical. In November, the city received its first Hybrid vehicle. So far the vehicle has exceeded our expectations as far as quality and power goes, we are still waiting to see if the gas mileage is as good as expected. We have identified over 20 units in the city that could possibly be replaced by currently available hybrid vehicles, and if something like a hybrid pick up becomes available, there are at least 15 other vehicles that can be replaced by those. We will definitely consider hybrids as replacements. Attached is a spreadsheet that identifies vehicles that can potentially be replaced by hybrid vehicles, along with the year they are to be replaced. The heavy duty trucks do not yet have a practical alternative. Weare limited to what we can do with the larger trucks, as to what is available. With the heavy duty trucks, the newer we can keep our fleet, the cleaner it will be. New trucks produce one eighth the emissions of trucks built fifteen years ago, and emissions regulations are getting more stringent all the time. Unfortunately, the only options for cleaner trucks are newer trucks. Emissions and efficiency are closely related, so newer cleaner trucks, equal more efficient trucks. We upgrade our heavy trucks regularly, but do to their high cost, and long life expectancy, it will be some time until all our trucks have been updated to meet current emissions standards. We do however maintain our fleet to run as efficiently as possible, and will continue our maintenance program to keep emissions as low as possible. 7. Investigating state fleet pricing for green vehicles. See the State of Washington's contract for the purchase of 500 Toyota Priuses for local governments. Currently, we are able to purchase Honda Civic hybrids, Toyota Prius hybrids, and Ford Escape hybrids off of the State of Oregon contract. The Ford Escape that we have purchased was ordered using the State of Oregon contract. Weare able to get very good pricing on all three of these vehicles, they are however several thousand dollars more than the non hybrid equivalent. Some of the cost is made up in fuel savings, and this will playa roll in our future evaluations. Thank you again, for the opportunity to present you with our current vehicle maintenance and purchasing strategies, and we welcome any input, or suggestions as to how we could improve upon the way things are currently done. Maintenance Dept. 90 N. Mountain Ave Ashland, Oregon 97520 morrism@ashland.or.us Tel: 541-552-2355 Fax: 541-552-2304 TTY: 800-735-2900 r~' CITY OF ASHLAND Council Communication Meeting Date: September 5, 2006 Department: Public Works / En~i ering Contributing Departmen.~:J\~ I Approval: Martha Benne~ I ' \ A Resolution Setting a Public Hearing to Consider Settlement of a Property Ownership Dispute in Timberline Subdivision Primary Staff Contact: Paula Brown 552-2411 ~ E-mail: brownp@ashland.or.us '/~ .- Secondary Staff Contact: Jim Olson 552-2412 E-mail: olsonj@ashland.or.us Estimated Time: 5 Minutes Statement: There is a long standing dispute as to the ownership of an irregular parcel of land along the south boundary of the Timberline Subdivision located in southwest Ashland. We are now in a position where the City and the surviving partners of the original subdivision developers can amicably decide the ownership of the property without further legal action. It is proposed that the City hold a public hearing to consider deeding the property, by Bargain and Sale Deed, to Joe and Ruth Jarvis in exchange for a slope and utility easement, drainage easements and pedestrian path easements. Background: In 1964, Karl Windbigler (now deceased) and Joe Jarvis created the Timberline Subdivision and dedicated Hiawatha Place, Starlite Place, Pinecrest Terrace, Ponderosa Drive and Timberline Terrace. Along the southerly boundary of the subdivision a 57-foot wide strip of land was shown between the east right of way line of Timberline Terrace and Pinecrest Terrace. Because of the configuration of the parcel and the lack of detail by the original surveyor, it is difficult to determine whether this was or was not intended to be street right-of-way. Since this area is not shown as a lot with a corresponding lot number or as a designated open space, the Jackson County Assessor has listed the area as right-of-way thereby removing it from the tax rolls. Joe Jarvis, however, contends that the area was never intended to be a street and that the area was simply a buffer between the subdivision lots and his property to the south. He further contends that the future streets were shown by the dashed lines placed on the plat by the Surveyor and offers this as further proof that the area in question was not intended for street right of way. Physically the area is not suitable for street construction due to its steepness and the existance of a drainage way along much of the length. The age of the subdivision makes further substantiation difficult as the surveyor and the second developing partner are deceased and there are no city staff members with first hand knowledge of this plat. There are a number of anomalies on the plat which invite questions regarding the true purpose of this property: 1. The strip of land is 57 feet wide which is unusual in that most all other rights of way within the subdivision or 47 feet wide; 2. The property is not named nor is it shown as a street on the subdivision plat; 3. With a slope of over 25%, the area is too steep to allow construction of a street; 4. The map shows a solid line separating the street dedication on Timberline Terrace from this parcel; 5. There are several dashed lines on the plat that appear to represent future streets which do not relate to the presence of another right of way being located only a few feet to the north; 6. A recent lot book report by Land America Lawyers Title (commissioned by Joe Jarvis) shows the 57 foot wide strip of land to be vested in Joe P. and Ruth Jarvis. G:\pub-wrks\eng\dept-admin\SUBDIVIS\Timberline CC re 57 foot land 8 06.doc r~' The problematic nature of this area does not lend itself to a vacation process. A vacation would not be of benefit to either the City or Jarvis as the title created would be of questionable value and this action would most likely not be acceptable to Jarvis. A possible legal action to resolve this dispute would be a suit to quiet title which could be initiated by Mr. Jarvis. Although the City could make a claim for the property, it may be difficult to prove as no public use beyond a narrow drainage way has ever been made of this property. The use of this property by Mr. Jarvis includes a water well. Mr. Jarvis has agreed to the settlement of this dispute by the attached deed with easement reservations. Related City Policies: The City Council has the authority to decide matters regarding disposal of properties through deed or by vacation depending upon type and use of the property. If the property was deeded to the City as right of way, the City must adhere to the requirements of a street vacation process as set forth under ORS 271.080. If the property is considered to be owned in fee simple by the City, not as right of way, ORS Section 227.725 - 726 applies. Both actions require full disclosure by advertising the pending action in a local newspaper followed by a public hearing. Although this action does not fit neatly into either category, it is advisable that the City fully disclose the action by following the requirements of ORS Section 221.725 which include: 1. Publishing a notice at least once during the week prior to the public hearing. The notice shall state the time and place of the public hearing, a description of the property, the proposed use of the property and the reasons why the City Council considers it convenient to dispose of the property. 2. Not earlier than five days after publication of the notice, the public hearing shall be held at the times and place stated in the notice. Nothing in this section prevents a City Council from holding the hearing at any regular or special meeting of the City Council as part of its regular agenda. 3. The nature of the proposed disposal and the general times thereof, including an appraisal or other evidence of the market value of the property, shall be fully disclosed. Any resident of the City shall be given an opportunity to present written or oral testimony at the hearing. Council Options: The Council may approve the attached resolution setting a time and date for a public hearing proposed for September 19, 2006 to consider approval of a deed to relinquish the City's right, title and interest in the 57-foot wide parcel as described, with easement reservations, or The Council may decline to approve the resolution and re-assert its ownership of the property through the pending suit to quiet title. Staff Recommendation: Staff recommends that the attached resolution be approved to set a public hearing a Bargain and Sale deed would be considered. Potential Motions: Council may move to approve the attached resolution setting a public hearing date, or Council may move to reject the resolution and defend its ownership of the property in any future suit to quiet title. Attachments: Resolution setting a public hearing Deed (proposed) Copy of subdivision plat Map of easements to be reserved and/or created G:\pub-wrks\eng\dept-admin\SUBDIVIS\Timberline CC re 57 foot land 806.doc r., RESOLUTION NO. 06 - A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER SETTLEMENT OF A PROPERTY OWNERSHIP DISPUTE IN TIMBERLINE SUBDIVISION THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1: The ownership of a 57 foot wide parcel of land located along the south boundary of the Timberline Subdivision has been in questions for several years and has never been legally resolved. SECTION 2: The property is described as attached Exhibits A and B. SECTION 3: The property is not identified by a tax lot number, is not on the county assessor's assessment roll and has no market value established. SECTION 4: The attached Bargain and Sale Deed has been proposed to relinquish any of the City's right title and interest that it may have in the property to Joe and Ruth Jarvis who are the original grantors of the subdivision. SECTION 5: In exchange for the deed the City would receive valid easements for pedestrian access, public utilities, slope and storm drainage purposes as further described in the deed. SECTION 6: The Council will hold a public hearing in the Council Chambers at 1175 East Main Street on September 19th, at 7:00 PM at which time and place citizens may appear or submit comments prior to or at the hearing as to why the Bargain and Sale Deed should not be granted. SEC.TION 7: .The City.Rec~r~er is directed to serve notice by publishi?g a notice ofthe public __ q/ i I heanng once m the Dally TIdmgs newspaper not less than five days pnor to the date of the ;J L J .---:; hearing. ~ SECTION 8: This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 and duly PASSED and ADOPTED this day of , 2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2006. John Morrison, Mayor G:\pub-wrks\eng\dept-admin\SUBDIVIS\Timberline Resolution for Public Hearing re 57 foot land.doc 0\0 ...z~ O(~ >- ..1 ~ ...,. ~ -. ~ u t/} ~ 15: ~ ~ ~~ o~ 5~ -~ ~o <~ u~ o~ ~~ U'.:l - o ~/ III z~ ~ ~ " ~f-2:gJ ."Ill", 10 oJ'" ~ ai t-- '" - ~~()~ .g! ci ~~~Iil 0 , ::i~'" 0 10 ~l'3O> N Oo..a5gj 10 II ci .r: () 16 . ,!:; . Q) ,g 0 c 'iij . l!l 0 10 0: . N )0- LL . E Q. ci W 0 . . .:J ~ ~ ~ ~ U Iii () tUI 0 ~ ~ .~ It) ~ , ... ~ ~ - ,. ~ , ~ .. 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Grantor: Grantee: Return Document To: Consideration: Send Tax Statements To: City of Ashland, Oregon Joe P. Jarvis and Ruth Jarvis, husband and wife, Living Trust Joe and Ruth Jarvis P.O. Box 788; Phoenix, OR 97535 $ Joe and Ruth Jarvis P.O. Box 788, Phoenix, OR 97535 BARGAIN AND SALE DEED The City of Ashland, Oregon, an Oregon municipal corporation, Grantor, conveys to Joe P. Jarvis and Ruth Jarvis, husband and wife, Living Trust, Grantee, the real property described on the attached Exhibit A. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. The true and actual consideration for this conveyance is $1.00 plus other property or value may be a part of the consideration. DATED this day of ,2006. CITY OF ASHLAND BY John W. Morrison, Mayor BY Barbara Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on ,2006, by John W. Morrison as Mayor of the City of Ashland, Oregon, and by Barbara Christensen, as City Recorder of the City of AsWand, Oregon. Notary Public for Oregon My Commission expires: Exhibit A DESCRIPTION OF AN UNIDENTIFIED AREA LYING EASTERLY FROM TIMBERLINE TERRACE AND SOUTHERLY FROM BLOCK 3 OF TIMERLINE SUBDIVISION (Recorded) AND LYING SOUTHERLY FROM DEDICATED PEACHEY ROAD (now PINECREST TERRACE) IN SAID SUBDIVISION Commencing at a 11,4" iron pipe found for the most Westerly corner of Lot 1, Block 6 of TIMBERLINE SUBDIVISION in the City of Ashland, Jackson County, Oregon; thence along the Southeasterly right-of-way line of Pine crest Terrace (formerly Peachey Road) South 62028' 09" West, 91.98 feet to the TRUE POINT OF BEGINNING; thence continue along said Pinecrest Terrace right-of-way line South 620 28' 09" West, 1.19 feet to a ';2" iron pipe found for the point of curve; thence along the Southerly right of way line of said Pinecrest Terrace 198.70 feet on the arc of a 400.09 foot radius curve right (the long chord bears South 760 11' 18" West, 196.67 feet) to the point of compound curve; thence continuing along the Southwesterly right-of-way line of said Pinecrest Terrace 125.80 feet along the arc of a 158.62 foot radius curve right (the long cord bears North 670 12' 18" West, 122.53 feet) to the Southeast corner of Lot 6, Block 3 of said TIMERLINE SUBDIVISION; thence North 890 59' 38" West, 152.00 feet to a 5/8" rebar located at the Southwest comer of said Lot 6; thence North 890 58' 03" West, 105.65 feet to the Southwest comer of Lot 7 in said Block 3; thence South 00 03' 46" East, 57.00 feet to the South line of TIMBERLINE SUBDIVISION; thence along said subdivision line, South 890 54' 56" East, 562.63 feet to the Southerly-Southeast comer of said subdivision; thence along an East line of said subdivision North 00 03' West, 57.78 feet to the TRUE POINT OF BEGINNING, containing 0.51 acres, more or less. SUBJECT TO that 10-foot slope easement adjacent to the Southerly line of Pinecrest Terrace as shown on the plat of TIMBERLINE SUBDIVION. RESERVING THEREFROM: A 10 foot wide pedestrian access and public utility easement located along the northerly boundary of the above described parcel adjacent to Lots 6 and 7 of Block 3 of the TIMERLINE SUBSIVISION as now recorded said easement to extend from the easterly right of way line of Timberline Terrace to the westerly right of way line of Pinecrest Terrace (Peachey Road). ALSO RESERVING THEREFROM: A 10 foot wide drainage easement as further described on attached Exhibit B. w Z 0:: a 0 >-' I- Z (f) :J a > 0 ~ z 0 ~ a - <.n OJ w x <-) :J 0:: <i (f) - -:> (/) (j) 0 r<) z W ~ <i ...J Z ~ :r: <.n -1 z <i a LL I- a <-) CL w >- <.n I- W <-) OJ w 2 :r: I- r- z j EXHIBIT B - -1--'- J_/i/Y.?AY !7~~\ ~ I i';i~ ~I~!! 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C/) o LL o <t: W a: <t: Council Communication Update on the Schedule to revise the Conservation Element of the City's Comprehensive Plan Meeting Date: September 05,2006 Department: Electric & Community DeVelopmen~ Contributing Depart. N/ A Approval: Martha Benn Primary Staff Contact: Dick Wanderschei , 552-2061 wandersd@ashland.or.us Secondary Staff Contact: Bill Molnar, 552- 2042, molnarb@ashland.or.us Estimated Time: 15 minutes Statement: At the May 2, 2006 Council meeting, staff was asked to bring back a tentative schedule for revision of the Conservation Element of the City's Comprehensive Plan. That is the purpose of this communication. Staff Recommendation: Staff s proposed time line of this task would be for the Electric, Conservation and Planning staffs to prepare a revised draft Conservation Element for review by the Conservation Commission in May 2008. It is anticipated that it would take an additional 2-3 months for review and revisions at the Conservation Commission level before it is forwarded to the Planning Commission for their review and adoption. Based on their current work load, it is anticipated that they could review, revise, and hold hearings on the draft in Oct. 2008-Feb. 2009. It could then be forwarded to the Council in March 2009 for their consideration, revision and adoption. This staff proposal is designed to coincide with BP A's Regional Dialogue decisions which could have significant impact on the design of our electric conservation offerings. Background: The original, Energy Element to the City's Comprehensive Plan was adopted in 1982. It was revised in 1991 and became the Conservation Element because it also included air quality and water conservation in addition to the energy efficiency issues of the 1982 document. Although it has been 15 years, most ofthe element is still viable and provides a strong basis for the City's conservation activities. Our relationship with the Bonneville Power Administration and their funding and planning for efficiency investments is the main driver for our electric conservation activities.. This relationship has not changed much since 1991 and should remain in its current form until October 1, 2011. After 2011, our relationship with BPA on conservation may change radically. BPA has just released a "Long Term Regional Dialogue Policy Proposal" which envisions a major shift in how BPA will operate post 2011. They are accepting public comments until September 29,2006 and 1 hope to issue their Record of Decision (ROD) in January, 2007. BP A's initial proposal is that they will allocate the existing Federal Base Electric Generation output to utility customers as a Tier 1 resource at a less expensive rate. Utilities will then be able to buy additional Tier 2 power at a higher rate to augment their Tier 1 purchase or they can acquire their own resources through the building of generation or the purchase of power from sources other than BP A. While no one knows or will know until 2009, how much actual Tier 1 power will be available in 2011, it is estimated to be between 90- 100% of 2011 needs. While most smaller utilities will probably continue to rely on BP A to purchase Tier 2 power, the economies of energy efficiency, load management and demand response could be significantly different than what we encounter currently in our relationships with BP A. BPA's schedule for the development of these long term contracts is a follows: Estimated Schedule Milestone: Date: Formal BP A Policy Proposal released July 2006 Public comment on Formal Proposal, and continuing effort to reach consensus on issues. July-September 2006 BP A Review of Public Comments October-November 2006 Administration Review Estimated November 2006-January 2007 Publish BP A Regional Dialogue Policy and Record of Decision (ROD) on long-term issues January 2007 Negotiate and develop New Contract Prototypes, Bases on Policy and ROD February-December 2007 Develop Tr.ansparent Net Requirements, Determination Process, and Propose Revisions February-October 2007 to 5(b )9( c) Policy Perform staff analysis and public workshops to develop Long-Term Rate Methodology (Pre- August 2006-January 2007 7(i) phase) 7(i) process to establish Long-Term Rate Methodology February-October 2007 Window for Limited Bilateral Negotiations January 2008-April 2008 New Long-Term contracts signed by BPA and customers April 2008 7(i) process to set rates for FY 2010-2011 (subscription contracts) November 2008-August 2009 7(i) process to set rates for FY 2012 rate period (Regional Dialogue Contracts) November 2010-August 2011 Service and Rates Under New Contracts Begin October, 2011 Service Under Regional Dialogue Contracts Ends September, 2027 2 Since the relationship with BP A and the new allocation scheme is central to the issue of our electric conservation activities, it seems prudent to analyze the new BP A long term contracts and how conservation is treated, credited, and funded before a major revision of the element is undertaken. Also, since the City has an extensive array of conservation activities that provide programs for virtually all electric end uses of citizens and businesses, the City will continue to have City funded initiatives to help them conserve electric that will remain in place in their current form until the new contracts are entered into by the City and BP A and the City can revise the element. In BPA's draft Regional Dialogue paper, they are proposing to credit the City with all City- funded conservation done between 2006-2011 at 100%, and BPA funded activities at 50% in determining Utilities Tier One allocations under the new 20 year contracts. For these above reasons, staff is recommending the following schedule for revision of the City's Conservation Element to the Comprehensive plan. Conservation Element Update Schedule Long Term April 2008 May-July 2008 July-Sept. 2008 Oct.08-Feb. 2009 March 2009 New BP A Contract Signing Staff Revision of the Conservation Element Conservation Commission Review and Revision Planning Commission Review and Revision Council Review, Revision and Adoption This schedule is staff s best estimate at present as a reasonable time line to accomplish this task. With respect to any staff work associated with this revision it will have to be balanced with other Community Development goals and tasks and meshed with annual goal setting to assure that the resources are there to accomplish it as envisioned in this schedule. Related City Policies: The adopted Valdez Principals and the existing Conservation Element support resource efficiency efforts for the City, Citizens and Business Initiatives. Council Options: A) Agree to the proposed revision schedule B) Revise the proposed revision schedule Potential Motions: Move to direct staff to revise the City's Conservation Element as per the proposed revision schedule. Move to direct staff to revise the City's Conservation Element as per the revised schedule as determined by the Mayor and City Council Attachments: N/A 3 CITY OF ASHLAND Council Communication Second Reading of an ordinance Withdrawing an Annexed Area from Jackson County Fire District No.5 (Crowson Business Center, LLC ANNEXATION, 593 Crowson Road) Meeting Date: September 5, 2006 Department: Community Develop~ent Contributing Departments: Legal .....A'1l ~ Approval: Martha Benn'l(V' I ~\'i Primary Staff Contact: Bi31' 552.2042, molnarb@ashland.or.us . ."-. Secondary Staff Contact: Marla arris, 552- 2045, harrism@ashland.or.us Estimated Time: 5 minutes Staff Recommendation: Staff recommends that the Council approve second reading of the ordinance. Statement: At the July 19, 2005 meeting, the Council approved the application for an Annexation of a 1.6 acre parcel located at 593 Crowson Road. The findings supporting that decision were adopted by the Council at their November 16th, 2005 meeting. In August 2006, the Council approved first reading of an ordinance withdrawing the area from Jackson County Fire District No.5. Background: This is the final step required to withdraw this area from the special taxing district of Jackson County Fire District No.5. Related City Policies Since the Council has already approved the land use ordinance portion annexing the area, it has previously found that the applicable goals and policies of the City have been met by this request. Potential Motions: Approve second reading of the ordinance. Attachments: Ordinance ,., City of Ashland, Oregon - Ordinance Page 2 of2 135.42 feet to the point of beginning. End of Document - Back to Top http://www.ashland.or.us/Page.asp ?N av ID=9 5 64&Print=T rue 8/31/2006 CITY OF ASHLAND Council Communication Meeting Date: August 30, 2006 Department: Legal ) Contributing Departments: Fi~~~<i\,! Approval: Martha Bene; r' \1\ Amendments To Tax Ordinances To Facilitate Submitting Delinquencies to Collection Agency Primary Staff Contact: Michael W. Franell 'rY- E-mail: franellm@ashland.or.usl/ Secondary Staff Contact: E-mail: Estimated Time: 10 minutes Statement: Oregon amended its statutes in the 2003 legislative session to permit state and local government entities to add collection agency fees to delinquent bills that are submitted to a collection agency. The proposed ordinance amends our food and beverage tax and transient occupancy tax ordinances to permit the addition of collection agency fees to delinquent accounts that are submitted to collections. Background: We currently collect a food & beverage sales tax on prepared foods and a transient occupancy tax from businesses offering overnight accommodations. A few of the businesses that we deal with have become severely delinquent, owing the City thousands of dollars. The current system of collections has proved to be not very effective in a few instances and consumes a great deal of city staff time. The City Council, at its February 21, 2006 meeting, directed staff to make amendments to the Ashland Municipal Code to allow the addition of collection agency fees to delinquent food and beverage tax and transient occupancy tax accounts that are submitted to a collection agency for collection. The proposed ordinance accomplishes that purpose. Related City Policies: The provisions for transient occupancy tax and collections are found in AMC Chapter 4.24. The provisions for the food and beverage tax and collections are found in AMC Chapter 4.34. Council Options: The Council can adopt the proposed ordinance as presented. The Council could instruct staff to make additional amendments to the proposed ordinance. The Council could reject the proposed ordinance, leaving in place the current enforcement system which includes the City filing suit against delinquent businesses. r~' Staff Recommendation: Staff recommends the Council adopt An Ordinance Amending The Transient Occupancy Tax And The Food And Beverage Tax Provisions To Permit Fees To Be Added If Delinquent Payments Are Turned Over To A Collection Agency on first reading by title only. Potential Motions: I move the Council adopt An Ordinance Amending The Transient Occupancy Tax And The Food And Beverage Tax Provisions To Permit Fees To Be Added If Delinquent Payments Are Turned Over To A Collection Agency on first reading by title only and move to second reading. Attachments: Copy of ORS 697.105 r~' ORDINANCE NO. AN ORDINANCE AMENDING THE TRANSIENT OCCUPANCY TAX AND THE FOOD AND BEVERAGE TAX PROVISIONS TO PERMIT FEES TO BE ADDED IF DELINQUENT PAYMENTS ARE TURNED OVER TO A COLLECTION AGENCY Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined. RECITALS: 1. The City of Ashland assesses and collects a transient occupancy tax and a tax on prepared food and beverages. 2. A small number of operators subject to either or both of the taxes are delinquent in their payments on taxes. 3. It takes significant taxpayer resources for the City to pursue collection of the delinquent taxes. 4. The Oregon legislature amended the state statutes to permit the addition of collection agency fees to the bill being collected. 5. In most instances, it is going to be financially prudent to refer delinquencies to collection agencies for collection. 6. The City desires to amend its ordinances to provide for the addition of collection agency fees to delinquencies referred to a collection agency. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.24.120 of the Ashland Municipal Code is amended to read: SECTION 4.24.120 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the city. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland. when taxes due are more than 30 days delinquent, can submit any outstandinq tax to a collection aqencv. So lonq as the City of Ashland has complied with the provisions set forth in ORS 697.105. in the event the City turns over a delinquent tax account to a collection aqency. it may add to the amount owing an amount equal to the collection agency fees. not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owninq. ORDINANCE PAGE - 1 o FILENAME \p G:\legal\Mike\Ordinances\F&B collections - rdlnl.docD SECTION 2. Section 4.34.110 of the Ashland Municipal Code is amended to read: SECTION 4.34.110 Actions to Collect. Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filinq an action for the recovery, the City of Ashland. when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection aqency. So lonq as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection aqency, it may add to the amount owinq an amount equal to the collection aqency fees, not to exceed the qreater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owninq. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor ORDINANCE PAGE - 2 D FILENAME \p G:\legal\Mike\Ordinances\F&B collections - rdlnl.docD TITLE 52. OCCUPATIONS AND PROFESSIONS CHAPTER 697. COLLECTION AGENCIES; DEBT CONSOLIDATING AGENCIES COLLECTION AGENCIES GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY ORS S 697.105 (2006) 697.105. Fee for collection of debt owed public body; notice to debtor; amount. (1) Except as provided in ORS 1.202 and 293.231, if a public body, as defined in ORS 174.109, uses a private collection agency to collect a debt owed to the public body, the public body may add a reasonable fee to the amount of the debt, payable by the debtor, for the collection agency fee incurred or to be incurred. (2) A fee may not be added under subsection (1) of this section unless the public body has provided notice to the debtor: (a) Of the existence of the debt; (b) That the debt may be assigned to a private collection agency for collection; and (c) Ofthe amount of the fee that may be added to the debt under subsection (1) of this section. (3) Except as provided by federal law, the public body may not add a fee under this section that exceeds the collection fee of the private collection agency. HISTORY: 2003 c.66 ~ 1 CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS /_~ Meeting Date: September 5, 2006 Primary Staff Contact: Mike Franell, 488-5350 vi 0 Department: Legal ~ franellm@ashland.or.us . ! l Contributing Departments: Finance Secondary Staff Contact: Kari Olson, 552-2290 Approval: Martha Bennett olsonk((V,ashland.or.us Statement: This ordinance revises chapter 2.52 of the municipal code to simplify the process for the selection of personal services contractors and to more closely track the limitations for public contracting recently included in the revisions to chapter 2.50 that was approved on first reading on July 18, 2006. The revisions add two exemptions from competitive selection for sole source contractors and emergency contracts and raise the limit for selections using competitive quotes from $25,000 to $75,000. The revisions also make the selection of architects, engineers and surveyors subject to the same rules as other personal services contractors. Staff Recommendation: Adopt the amendments Background: Prior to the complete overhaul ofthe public contracting laws by the legislature in 2003, the rules governing the selection of personal services contractors were adopted by council resolution. In 2005, chapter 2.52 ofthe municipal code was completely rewritten to incorporate into ordinance form those rules as well as to update the rules to comply with the new legislation. Cl1apter 2.52 is being revised at this time to further update the selection rules and to make them more consistent with the competitive bidding rules adopted in chapter 2.50. For the Council's information, the second reading ofthe ordinance amending chapter 2.50 will be scheduled for the same meeting as the second reading of this ordinance to ensure they go into effect on the same day. Related City Policies The city for several decades has utilized a policy of competitive selection for public contracting and for personal services contracting. As noted above, the existing policies are embodied in chapters 2.50 and 2.52 of the municipal code. In addition the Department of Finance and Administrative Services, Purchasing Division, augments the above policies and rules with its Accounts Payable and Purchasing Procedures. Potential Motions: Move to second reading An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts Attachment: An Ordinance Amending Chapter 2.52 ofthe Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts r~' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS Annotated to show deletions and additions to the code sections being modified. Deletions are linod through and additions are underlined. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.52 of the Ashland Municipal Code is amended as follows: Sections: 2.52.010 2.52.020 2.52.030 2.52.040 2.52.050 2.52.060 2.52.070 2.52.080 2.52.090 Chapter 2.52 PERSONAL SERVICES CONTRACTS Definitions. Purpose. Personal Service Contracts Listed. Rules and Procedure Formal Competitive Selection Procedures-Exemptions. Screening Criteria. Selection Process. Repealed by 2917 Repealed by 2917 Section 2.52.010 Definitions. The definitions set forth in Ashland Municipal Code Section 2.50.010 are incorporated into this chapter as thouqh fully set forth in this section. Personal Service Contract: A personal service contract is a contract primarily for the provision of services that requires specialized. technical. creative. professional or communicative skills. talents. unique or specialized knowledqe. or the exercise of discretionary iudqment skills. and for which the Quality of service depends on attributes that are unique to the service provider. Such services include, but are not limited to. architectures, enqineers. land surveyors and related services as defined in ORS 279C.120(6). accountants. attorneys, auditors and other licensed professionals, artists, desiqners, computer programmers, performers. and consultants. The Public Contractinq Officer, the City Administrator or their designee shall have the discretion to determine whether a particular type of contract or services falls within the cateQory of 1 G:\Iegal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc personal services. /\.. "Personal service contracts" include contracts for services that require specialized technical, artistic, creative, profossional or communication skills or talent, unique and specialized knowledge, or the exercise of discretionary judgment skills, and for 'Nhich the service depends on attributes that are unique to the service provider, other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 270C.100. B. "Purchasing ,^-gent" means the Finance Director or his/her designee who has the authority to enter into personal service contracts. C. "Formal competitive selection procedures" means procedures for the selection of personal service contracts, which shall be the same formal procedures as are required for the selection of goods and services as required by ORS 2708.060 (competitive sealed proposals) and as clarified in the Model Rules, OAR 137 047 0260. D. "Formal competitive selection process" meant:; the process of using formal competitive selection procedures for the selection of personal service contracts. (Ord 2917, Amended, 03/01/2005) Section 2.52.020 Purpose. Personal service contracts will be used to retain the services of independent contractors (other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 279C.1 00). Nothing in this section shall apply to the employment of regular-city employees. (Ord 2917, Amended, 03/01/2005) Section 2.52.030 Personal Service Contracts Listed. Pursuant to ORS subchapter 2701'..055(2), the following contracts or classes of contracts for personal services shall not be subject to the rules of procedure of Chapter 2.50 or the Model Rules unless provided herein: A Accountants; ^ . , .ppralsers; Computer programmers; Laun'ers' ....1 , Psychologists; Investment Consultants; Insurance Consultants; ,^<dvertising Consultants; Marketing Consultants; Graphics Consultants; Training Consultants; Public Relations Consultants; Communications Consultants; Data Processing Consultants; Management Systems Consultants; 8. C. D. E. F. G. H. I. J. K. L. M. N. O. 2 G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc P. Any other personal service contracts or classes of contracts that the Purchasing Agent or his/her designee identifies as personal service contracts. (Ord 2917, Amended, 03/01/2005) 2.52.040 Rules and Procedure. Personal service contracts are subject to the rules established by this section: 1\. Unless otherwise approved by the Purchasing Agent, all personal service contracts shall require the contractor to defend, indemnify, and hold harmless the City, its officers, agents and employees against and from any and all claims or demands for damages of any kind arising out of or connected in any ':,'ay v.'ith the contractor's performance thereunder and shall include a 'Naiver of contractor's right to ORS 30.285 and ORS 30.287 indemnification and defense. B. Unless other\vise approved by the Purchasing Agent, personal service contracts shall contain a provision requiring the person or entity providing the service to obtain and maintain liability insurance coverage in at least the amount of the City's tort liability limits, naming the City af; an additional named insured, during the life of the contract. C. PJI personal service contracts shall contain all contract provisions mandated by state law and by the Ashland Municipal Code. These provisions may be incorporated in the personal service contract by reference unless otherwise provided by la\N. A. All personal service contracts shall contain the provisions set forth in Exhibit A of AMC 2.50 as well as any others required by federal or state law or the Ashland Municipal Code. B. All personal service contracts shall be siqned by both parties before any work or service may commence. D. The formal competitive selection procedures described in this section may be \\'aived by the Purchasing Agent 'Nhen an emergency exists that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the situation that there is not sufficient time to permit utilization of the formal competitive selection procedures. eC. Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. F-D. The Purchasing Agent shall establish internal procedures for the review, processing, and listing of all contracts, whether procured through a formal competitive selection process, or exempt from the formal competitive selection procedures. Such review shall include a method for determining compliance with these rules. G. For personal service contracts that are anticipated to cost $5,000 or less, such contractf; must be memorialized by a formal purchase order. .H. For personal service contracts that are anticipated to exceed $5,000, but not exceed $25,000, at least three competitive written quotes from prospective contractors who shall appear to ha'/e at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. I\ny or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an intervie'l.' committee. hE. For personal service contracts that are anticipated to cost in excess of $25,000, 3 G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc $5.000. the aDepartment-flHead for the department that needs the services shall make the following determinations: 1. That the services to be acquired are personal services; 2. That a reasonable inquiry has been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel nor resources to perform the services required under the proposed contract; and 3. That the department has developed, and fully plans to implement, a written plan for utilizing such services which will be included in the contractual statement of work. J. 1\11 personal service contracts exceeding $25,000 shall be based upon form31 competitive selection procedures, except as expressly provided in this subsection, or by subsequent ordinance or resolution. For personal service contracts that 3re 3nticipated to cost in excess of $25,000, the department head for the department th3t needs the services shall follow the formal competitive selection procedures for formal competitive se31ed propos31s as found in the Model Rules, OAR 137 047 0260. Regardless of whether a person31 service contract is exempt from the formal competitive selection process or not, no service or work may be performed until a purchase order has been issued. This requirement m3Y be I.f.laived, however, \Nhen circumstances exist th3t create 3 substantial risk of lose, damage, interruption of servicee or threat to public health or s3fety and th3t require prompt action to protect the interests of the City. (Ord 2917, Amended 03/01/05) Section 2.52.050 Formal Competitive Selection Procedures-Exemptions. Contracts for person31 services are exempt from formal competitive selection procedures if 3ny of the following conditions exist: All personal service contracts shall underqo a screening and selection process as outlined below except for these types: A. The contr3ct amount is anticipated to be $25,000 or less. The contract has a total value of less than $5,000 provided it is memorialized by a formal purchase order. A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Public Contractinq Officer, and in no case may exceed $6.000. A personal service contract may not be artificially divided or fraqmented. B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alteration is less than twenty-five (25%) of the initial contract and are subject to the following conditions: 1. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project; 4 G:\legaI\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc If' I C. The Purchasing Agent finds that there is only one person or entity \uithin a reasonable area that can provide services of the type and quality required. The Department Head finds, in writing and at his or her discretion, that there is only one person or entity within a reasonable area that can provide services of the type and quality required. D. The contract for services is subject to selection procedures established by the State or Federal government. E. The contract is for non-routine or non-repetitive type legal services outside the Legal Department. F. The contract is for an emerqency as defined in AMC 2.50.080 and the procurement procedure set forth in AMC 2.50.080 is complied with for awardinq an emerqency contract. (Ord 2917, Amended, 03/01/05) Section 2.52.060 Screening Criteria. The following criteria shall be considered in the evaluation and selection of a personal service contractor for personal service contracts: A. Specialized experience in the type of work to be performed. B. Capacity and capability to perform the work, including any specialized services within the time limitations for the work. C. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable. D. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. (Ord 2917, Amended, 03/01/2005) Section 2.52.070 Selection Process. The following rules shall be followed in selecting a contractor for personal services: A. Personal service contracts less than $5,000, may be awarded in any manner deemed practical, including by direct selection or a'Nard by the Purchasing I\gent (or any person with purchasing authority). Ih For personal service contracts that exceed $5,000, but do not exceed $25,000 $75,000, at least three competitive written proposals from prospective contractors who shall appear to have at least minimum qualifications for the proposed assiqnment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the 5 G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc proposed assiQnment. Any or all interested prospective contractors may be interviewed for the assiqnment by an appropriate City employee or by an interview committee. The Department Head for the department that needs the services shall award the contract to the prospective consultant whose quote or proposal will best serve the interests of the City, taking into account all relevant criteria found in Section 2.52.060. The Department Head shall make written findings justifying the basis for the award and retain such records as required by AMC 2.50.110. C. For personal service contracts that will cost $75,000 or more, the Department Head shall award the contract based on AMC 2.50.090. D. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable. (Ord 2917, Amended, 03/01/2005) Section 2.52.080 Section 2.52.090 Repealed by 2917 Repealed by 2917 The foregoing ordinance was first read by title only in accordance with Article X, day of day of ,2006, ,2006. Section 2(C) of the City Charter on the and duly PASSED and ADOPTED this Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor "r;) 6 G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc CITY OF ASHLAND Council Communication Revisions to the Ashland Ethics Provisions Meeting Date: September 5, 2006 Primary Staff Contact: Michael W. Franell/~ If-- Department: Legal ~ E-mail: franellm@ashland.or.us fry Contributing Departments: Ai Secondary Staff Contact: Approval: Martha BennerJ' \ E-mail: Estimated Time: 20 minutes Statement: Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of the code provisions has been added, with the City Administrator making that determination for applicability to employees and the City Council making the determination of applicability to appointed and elected officials. Background: The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in: 1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and appointed officials in addition to applicability to city employees; 2) Adding in a procedure for investigating and enforcing the ethics provisions; 3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have ethics provisions in its municipal code which can be enforced locally. The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from representing clients for hire before any board or commission or before the City Council on matters which would come before the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of public property for private benefit for instances which are specifically set forth as a benefit of employment and for the granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. Related City Policies: None. Council Options: r~' The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated above. The Council could amend the proposed ordinance. The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only to city of Ashland employees. Staff Recommendation: Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. Potential Motions: I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . . and move to second reading. (Note: If you make amendments, please be sure to identify the included amendments when making this motion). Attachments: None. r~' ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined. RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policy. The proper operation of democratic government requires that public officials, including elected officials, appointed officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all employeespublic officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all employees public officials by setting forth those acts or actions that are incompatible with the best interests of the City of AsWand. It is also the purpose of this Code to assist employeespublic officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence in the integrity of City employeespublic officials. I IB. Responsibilities of Public Office. EmployeesPublic officials are agents of public purpose and are employedengaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Page 1 of 4 FILENAME \p G:\legal\Mike\Ordinances\Ethics Amendments Ord - 2.docG:'legaI'Mike'Ordinance:;\Ethicc; ,^sflensH'lent:;.doc C. Dedicated Service. All employeespublic officials of the City should be loyal work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. Employees Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other employeespublic officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. 1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No employee public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specifically defined benefit in compensation of employment. 3. Obligations to Citizens. No employeepublic official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted by law or ordinance. E. Conflict of Interest. No employeepublic official, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that employee's public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that employee'spublic official's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the-guidance of employees.~ 1. Incompatible Emplovment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No 8public official mployee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any 8ll1ployee public official use such information to advance their financial or private interest, or the fmancial or private interest of others. 3. Gifts and Favors. No employee public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is Page 2 of 4 FILENAME \p G:\legal\Mikc\Ordinances\Ethics Amendments Ord - 2.docG:\Il:1gal\~.iike\OrdiRaRee.;\Ethief, AmeRdment;.doe representing himself/herself as a private citizen on purely personal business. No appointed official shall represent a client for hire before the board or commission to which that official is appointed or in any action of proceeding before another board, commission or the City Council on a matter which came or will come before the board or commission to which that official is appointed. No employee public official shall accept a retainer or compensation that is contingent upon a specific action by a-the City agency. 5. Contracts with the City. Any employeepublic official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that employeepublic official may be called to act in an official capacity. The 6Inployeepublic official shall refrain from participating in the transaction or the making of such contract or sale. AH employeepublic official shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended, approved, awarded, entered into, or authorized by the employeepublic official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest. F. Political Activity. No employee in the administrative service shall use the prestige oftheir position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No employeepublic official -shall promise an appointment to any municipal position as a reward for any political activity. I G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Council for a determination. The official seeking a determination shall have the opportunity to present any facts they deem relevant to the determination. They shall also have the opportunity to present any argument they may have as to what they deem an appropriate Page 3 of 4 FILENAME \p G:\legal\Mikc\Ordinances\Ethics Amendments Ord - 2.d()cG:\legaLMike\OreiHaHce~\EtRic:; ,'\meHement:;.doc determination. The City Council, the Mayor or the City Administrator may request the City Att0111ey to provide an advisory opinion based upon the facts presented. The determination of the City Council as to the applicability of a provision of this code to a particular situation shall be final. I. Definitions: 1) Employee - for the purposes of this section, the te1111 employee shall mean one who is hired and paid a wage or salary to work for the City other than elected or appointed ofticials. 2) Appointed Official - for the purposes of this section, the te1111 "appointed official" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and City Attorney. 3) Elected Ofticial - for the purposes of this section, elected official shall mean one who is elected by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city councilors, the city recorder, the municipal iudge and the parks commissioners. IH. Sanctions. Violation of any provisions of this codo should raise conscientious questions for the employee concerned as to '.vhother yoluntMY rosi~'1lation or other action is indicated to promote the bost interest of the City. Violation of any provision of this section, determined after notice and an opportunity to be heard, shall constitute cause for disciplinary action. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney Page 4 of 4 FILENAME \p G:\legal\Mike\Ordinances\Ethics Amendments Ord - 2.docG:\legal'Mike\Onlinances\Ethic& AIRenBIflents.doc CITY OF ASHLAND Council Communication Resolution Transferring Funds for Outside Legal Expenses Meeting Date: September 5,2006. Primary Staff Contact: Michael W. Franell dt...d-- Department: Legal ~ E-mail: franellm@ashland.or.us '{ t1 Contributing Departments: Finan~l Secondary Staff Contact: Approval: Martha Bennett ~ E-mail: Estimated Time: 5 Minutes Staff Recommendation: Staff recommends council adoption of the attached resolution transferring funds in the amount of $14,000 from the central service fund contingency to the legal department contractual services line item. Background: During the budget cycle or the current year the amount we were allocating for outside legal expenses was substantially cut since it is truly contingent in nature. . Because of the unexpected departure of the assistant city attorney, we have entered into two contracts for additional legal assistance. We have hired Paul Nolte on a contract basis to work a couple days per week to assist in trying to keep up with the legal department workload, until a new assistant city attorney can be hired. The contract with Paul has set a maximum expenditure of $17,600. Additionally, we have entered into a contract with Eric Kaufman to handle municipal prosecution services until a new assistant city attorney can be hired. This contract has set a maximum expenditure of $3,000. We can partially cover these expenses with the wages that we are not paying an assistant city attorney during this time. However, we believe that we will still need an additional $12,000 to stay within budget. Additionally, we recently had a lawsuit filed against the City in Federal District Court for violation of an AFN customer's free speech rights. We have hired outside counsel to handle that matter and believe that we now have that matter resolved. We are anticipating the legal expenses incurred in the filing of the answer and in resolving this matter to be under $2,000. Related City Policies: None. rj.' Council Options: The Council can adopt the proposed resolution to provide the needed outside legal assistance. The Council could amend the resolution to provide for a different amount of transfer. In which case the legal department will adjust its use of outside legal to conform with any changes in the proposed transfer. The Council could reject the resolution transferring funds. In which case the legal department will discontinue its use of outside legal assistance and do the best it can to meet the workload demand with existing resources. Potential Motions: I move Council approve A Resolution Transferring $14,000 in Funds from General Fund Contingency to Legal Department Contractual Services to cover outside legal expenses. Attachments: Resolution. ,~, RESOLUTION NO. 2006- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2006-2007 BUDGET FOR OUTSIDE LEGAL EXPENSES THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council ofthe City of Ashland determine that it is necessary to transfer appropriations as follows: Central Service Fund To: Administration Department, Legal Division Contractual Services From: Contingency $14.000 $14,000 To Transfer appropriations from the Central Service Fund - Contingency to Contractual Services. To cover outside legal expenses due to the vacant assistant city attorney position. SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this _ day of September, 2006: Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of September, 2006: John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney DOCUMENTS SUBMITTED AT THE SEPTEMBER 5, 2006 COUNCIL MEETING ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee May 3, 2006 Community Development Building, Siskiyou Room 3:00 p.m. PRESENT: Kate Jackson, Graham Lewis, Kate Jackson, Mark Marchetti, Jac Nickels, Jim Teece STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery, Molly Wheeler VISITORS: Dudley Finch and Heidi Haehlen Review of Airport Meeting: · The committee met at the City airport on April 19. Lincoln Zeve said he would put together a list of possible airport tenants. Graham and Sandra talked with Bob Skinner after the meeting and he gave Sandra and Graham pilots' magazines. The Chamber may contact the magazines for PRo Jim suggested Tara Labs as a possible tenant at the airport. Rapid Response Team Meetings: · Sandra said that another company is seeking help from the team and will meet with them possibly on the I ih of March. · Sandra and Jac met with an owner of a business that is interested in the Croman property and some property on Washington Street. The company has turned in a pre-ap and two potential schemes - one with and one without workforce housing - to see what response they get. Their pre-ap meeting is May 10. Jac has requested the results ofthe meeting. .~ · The Rapid Response Team met with a gentleman and his wife who have had a verbal agreement with one of the :xoperty owners, to set up some olp train cars that would go from here to Yreka as scenic excursion trips. They need to find out if they can get a permit. They own the cars and the engines and they would lease track time. The trains only go 20 miles per hour Railroad District Cleanup: · Cleanup is to start in July. Downtown Planning Meetings: · Jac and others attended the downtown plan meeting. Jac believes any cost should be paid by the City. There currently is no Planning Director, no Police Chief, no full Planning staff and a City Administrator who is not on board yet. Jim noted that the Railroad District should be part of the plan. Sandra would like the Chamber to have an opinion and/or a response to the Crandall Arambula plan. Economic Sustainability Comm Minutes 05032006 III · Jim thinks the plan is sound but the $500,000 cost is too high. lac noted that there currently is a downtown plan, but it has no flexibility. Every building needs to look historic, thereby creating a fake history. The problem is getting a consensus, and that is not going to change. Nanotechnology Business: · Jac introduced Dudley Finch and Heidi Haehlen, who have a startup nanotechnology business. They moved to Ashland in April from Colorado. He was a professor at the University of Colorado and Heidi is a professional flutist. His background is scientific and they are working with sound and acoustic technology for the Healing Arts. They are interested in developing new business paradigms. Some of their product research and development does involve importing people into the valley. The first product they developed uses laser processing and must be shipped back and forth across the country. They would like to assemble the products here and train people locally to assist. They believe they can make a sustainable business and want to retain an R & D approach but could spin off products and companies from that. Dudley and Heidi funded their first product by themselves. They would like to find some local investors in order to expand their business. . The business does not need much space (i.e., 2000 sq. ft.). Their current products are based on silicon wafer technology and are used by biologists and scientists in electron microscopes. Future products include medical devices. · Dudley and Heidi showed the committee a nano coaxial cable, which can be used to measure cell membrane potential at the nanoscale. This has implications for Alzheimer's and Parkinson's disease and would be used to assist medical research. · The committee asked what avenues they had pursued. They have talked to local people through Sandra, contacted banks and have an agent in Medford. They would like to work with more angel-type investors who share similar philosophies. Graham knows someone who may be interested. Sandra noted that their type of business is the perfect industry for Ashland and asked what can be done to incubate the process. · It was asked what level of trained personnel they need. Answer: it could be technically trained people. Much of the business could be a home-based assembly. No PhDs are necessary; there is more a need for CAD (computer-aided design) skills. Comprehensive Plan Review: · Kate noted that the factual information in the Comprehensive Plan needs to be researched- such as the number and types of jobs that are in Ashland. Not every city in Oregon has a downtown plan. The Comprehensive Plan Ashland has is from 1982 and it does not need to be done over again. Ashland has never amended its original Comprehensive Plan; the downtown plan was originally used and then adopted. Marketing Projects: · City Directory: The Chamber will redesign the City Directory to reflect the website so that the Directory will be visually more appealing. · City Map: The Chamber will design a new City map - a small run of about 1,000 - which will be in addition to the brochures already at the Chamber. It is not intended to be a map for visitors. It could be useful to someone interested in relocation and realtors might also like it. It will have available lands, information on where public transportation is, bike trails, Economic Sustainability Comm Minutes 05032006 2 locations where taxis park, and AFN hot zones. Suggestion: have an interactive map on the website. · Oregon Business Magazine website: The Oregon Business Magazine has purchased media access software for its website, oregonbusiness.com, which is very expensive to advertise on. Sandra asked the committee to look at the site and provide input. Economic Sustainability Comm Minutes 05032006 3 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee April 19, 2006 Ashland Municipal Airport 3 :00 p.m. PRESENT: Kate Jackson, Graham Lewis, Colleen Padilla, Russ Silbiger, Bob Skinner, Dennis Slattery, Jim Teece, Lincoln Zeve STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery, Molly Wheeler VISITORS: Next ESC Meeting: Wednesday, May 3, 3:00 p.m. Bob Skinner is the fixed base operator and the manager of the airport via the City of Ashland. The airport wants to be in top-of-mind-awareness and the City would like to see a quicker wayfor them to become financially stable. They would like businesses like Sky Research. Bob said that Sky had to face some difficulties in coming to the airport and the airport is lucky to have them. The airport has to have 100% aviation related businesses for FAA property. Forty percent of the land is AlP controlled in addition to the runway. Aviation businesses would have the most interest in having a business here. Currently there is a helicopter operation at the airport which is interested in remaining there in an out-of-the-way area. Infrastructure will have to go up to the property, which will be expensive. Additional hangar construction creates ground leases for the City. Hangars below 40' x 69' revert to the City but they pay a ground lease. Hangars above 40' x 60' can be owned but they pay a higher ground lease; the ground lease is 17 cents per foot a year. All utilities are City utilities. The airport has calls weekly from people wanting hangar space or to move a business there, but currently there is no place to put in a small hangar. The City put in 14 T hangars which were immediately filled. Anyone wanting one has to pay $50 to wait on the T hangar list. Currently there are a little over 85 hangars. Additional T hangars and private hangars will be possible at the airport soon. Expansion of the taxiway would allow hangars and business space. If the City wanted to grow the airport, they could extend the runway and put in an instrument approach. But they are not interested in doing this because of the neighbors. It is a VFR (visual flight rules) field. At some point, the traffic will reach a saturation point and create a nuisance because of the noise. There is some moderate expansion possible at the airport without creating saturation. If the runway were lengthened, it would get jets which create more noise. Economic Sustainability Comm Minutes 041906.doc VLJs (very light jets) would be good traffic coming into Ashland, but it might go to Medford instead of Ashland because of a lack of instrument approach at Ashland. The advantage of being at the Ashland airport is that it remains out of the fog, which is not the case at Grants Pass and Medford. The runway would not have to be expanded for the VLJ traffic. The City Council desires a quicker move to profitability for the airport. The way to profitability is to have more businesses and more aircraft. The airport would like to have businesses like an avionics shop~ the more services the airport can provide, the more it encourages people to be there. There are four mechanics at the airport currently. A kit building airplane operation would be a good thing to have. An ultra light business would be o.k. for the airport. Ground transportation from the airport is a problem. Taxis can take an hour or more to get there. Bob Skinner will provide a list of desired operations for the airport to the ESC Committee. Bob invited the Chamber to be more involved with the airport to help meet its needs. Perhaps the Chamber website could have a pilot resources plan indicating what is available at the airport. Colleen asked for specifics on what is available at the airport. Bob will provide it to her. She thought the airport could also be on the SOREDI site. It was asked if there were any restrictions on businesses at the airport. The reply was that the heights of buildings have to fit in the airport overlay. Any restrictions on size would be done by the City, but they probably would not do it. Bob will provide the Airport Master Plan to the Chamber once it is completed. It was suggested that perhaps the City or the Airport Commission could fast track a business that was interested in locating at the airport. The project would-still have to go through the City Planning Department. Currently the airport has canned leases for T hangers and buildings and can move forward at a fast rate. The process could be complete in 6 months. Sandra suggested that the Chamber work with the airport to encourage private pilot fly-ins. Bob will work with the Chamber on developing a plan. Economic Sustainability Conun Minutes 041 906. doc 2 :-- - ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee March 15,2006 Community Development Building, Siskiyou Room 3:00 p.m. PRESENT: Graham Lewis, Jac Nickels, Colleen Padilla, Jim Teece STAFF: Kris DeGroodt, Sandra Slattery, Molly Wheeler VISITORS: . Property: A group met to discuss the froperty. . will submit plans for the pre-ap within zoning. If they get a positive feel from the Building Department, they will go ahead. If not, they have a buyer for the property who would be a single user. Sandra will call one of the businesses that might be interested in the facility to offer them the ability to meet and possibly write a letter of interest in the plan and offer to show them the property. The ESC could provide a letter of support for the business that is interested in the property. Rapid Response: · In Jac's discussion with a representative ofa food manufacturing company, it was indicated that the business is thinking of doing another leased building. · The City is expediting things for them and they are in the process of site review. New Business Inquiries: · Sandra and Mary Pat met with a hotel developer from of the Bay area who was scouting Southern Oregon, and specifically Ashland. He was stunned by the price of the land and may just want to invest in property for development. · Two restaurants have been inquiring about property, but the two properties they were interested in are now gone, having been purchased by competing interests. · Sandra is setting up meetings for the nanotechnology businessman. He has received family financing for the startup and has a product that is at market. He has offered to come to a committee meeting to describe his business. Colleen suggested that businesses needing financing meet with Bob Buoy and SOREDl Sandra said that he already did that but lacks the necessary collateral. Airport: · Sandra received an email from an Airport Commission member who talked about meeting with the Economic Sustainability Committee to talk with them. She also received a letter Economic Sustainability Comm Minutes 031506.doc 1 from a business in Eugene asking that the Chamber provide information on who the airport users are. · The Economic Sustainability Committee would like to tour the airport. Sandra will call AJan about having the next meeting at the airport. Survey: · Sandra noted that the Chamber regularly has people ask what kinds of businesses are needed. She suggested that there be a survey, probably a phone survey, on the buying patterns of residents and businesses in Ashland and asked what kind of information the committee would like to have. Donna Lane, of the SOU School of Business, has helped the Chamber with surveys in the past and has the research class for spring. Molly will attend the first class to describe possible survey projects for the teams. Close: 5:00 p.m. Economic Sustainability Comm Minutes 031506.doc 2 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee February IS, 2006 Community Development Building, Siskiyou Room 3 :00 p.m. PRESENT: Gino Grimaldi, Kate Jackson, Graham Lewis, John Morrison, Jac Nickels, Colleen Padilla, Jim Teece STAFF: Kris DeGroodt, Sandra Slattery, Molly Wheeler VISITORS: CHAMBER REPORT: · City Grant Presentation: Jac noted that the Chamber grant presentation to the City Council was a monumental task and a great presentation. Graham and Sandra talked to two of the Council members and, as a result, they now have a better understanding of what the Chamber does. Sandra thanked John for the time he gave the Chamber and his kind words at the meeting. · Website: The graphics of the website are being fine-tuned with the designer. Sandra displayed some representative pages and asked for any ideas from those present. Each portal will have a pressroom on it. The Living & Doing Business Guide will be able to be accessed and downloaded. The graphic work wiU be done by the end of February. Kate asked how the site would work with dial-up. Jim will check on this BUSINESS LOOKING FOR A SPACE: · Sandra, Graham, Jim and CoUeen met with the owner of a software manufacturing busitless who wants to stay in AsWand and is looking for a space. They may have 75 employees. and are currently leasing two spaces. The leases for both buildings expire in 2007. The owner also rents apartments for visitors who come to his business. The company has recreational equipment for his employees. They need 16,000 to 20,000 sq. ft. and have expressed some interest in Lincoln School as a facility. The company designs software for heaJthcare insurance. The owner would like to stay close to the core downtown. · Sandra, Jac and Graham met witl> brought the most recent site plan. They are hesitant to put any more money into the site plan until they get some direction from the City. They want to have an overall plan for the site. John Morrison and visited the site and discussed what type of development it might be - what would be the bottom line mix that would provide the most jobs. · The A Street Marketplace is for sale. It is 16,000 sq. ft. and may be an option. The railroad district is currently undergoing a contamination cleanup and because the railroad owns the property, the project is moving very slowly. Economic Sustainability Conun Minutes 021506.doc · The company that wants to relocate feels like the Chamber wiIJ find it a place. The employees own 30% of the company, the company plans to stay in AsWand and it has aU the right values. The owner is also interested in owning a building on a long-term basis. · The next step is to get details on sites and present the options. The railroad site is a possibility and Jac will make the contact. Data will be compiled and then it will be determined how to make the presentation. NEW BUSINESS INQUffiY: · Sandra has a possible relocation of a manufacturing firm. She is also looking for investors for a nanotechnology business. The owner has a product and has orders for the product but cannot fiU the orders without an infusion of capital. The owners have no collateral to get a loan. · Jim noted that the committee needs to find out how to create an emerging technologies investment fund with local investors. There needs to be a database of the investor group which is willing to take the risk. This committee would be the link. Graham suggested getting a group together to create an emerging business investor group. Jim wiU do this. · There are a number of companies looking for sites. Jim suggested that there be a meeting to identifY the players and sites and to create a targeted plan. The Rapid Response Team s.hould meet with the owners, the businesses, see the properties and talk about the inquiring businesses. Economic Sustainability Comm Minutes 02 I 506. doc 2 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee December 20,2005 Community Development Building, Siskiyou Room 3 :00 p.m. PRESENT: Dave Dotterer, Kate Jackson, Graham Lewis, Mark Marchetti, Mike Morris, John Morrison, Jac Nickels, Coneen Padilla, Dennis Slattery, Jim T eece STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery VISITORS: INTRODUCTIONS: · Sandra introduced Jac Nickels as the new Chair of the Economic Sustainability Committee. Gentlemen from ",ere also introduced. BUSINESS RETENTION & EXPANSION PROJECT UPDATE · The BR&E Subcommittee and the Content and Design Committee have been meeting to review the results and will be meeting with Rebecca Reid to plan the final report. ECONOMIC SUSTAINABILITY COMMITTEE MEETINGS · Committee meetings win be on the third Wednesday of each month at 4:00 p.m. in the Siskiyou Room of the Community Development Center. . · The next meeting will be on January 18, 2006. A BR&E surveyor local businesses has been compiled and Rebecca Reid will discuss the results at that meeting. OREGON BUSINESS SUMMIT MEETING: · There will be an Oregon Business Summit meeting on January 9, 2006, in Portland at the convention center. If anyone is interested in attending, let Sandra know. JIM TEECE HONORED · Graham honored Jim Teece for serving as the first Chair of the Economic Sustainability Committee and for providing leadership for the past 2 ~ years. OREGON BUSINESS MAGAZINE · Sandra said that she and Graham met with the editor and publisher of Oregon Business Magazine to discuss the Chamber's work in economic development, showcase the Living & Doing Business Guide, the new "Destination Ashland" brand and the Business Retention & Economic Sustainability Conun Minutes 122005.doc Expansion survey through the Economic Sustainability Committee. They were impressed with the programs and felt that the Chamber was very successful in using the tourism mode and applying it to economic development. As a result of their interest, an article will appear in Oregon Magazine in the January 2006 issue. -PROPERTY · One of the goals of the ESC committee is to promote existing businesses in the community. has a parcel of land of a size people are interested in and the company is open minded regarding a plan for the property. They asked if there would be impediments to persons or businesses wishing to buy or use the property. · At a Planning Commission meeting in the past, there was a proposal for a mixed use development. It might have evolved into part residential with an industrial fringe to it. No one is inclined toward a heavy industrial user; there should be a mix ofland uses within a reasonable distance of employment. With a mix of uses, there can be compact urbanization. Isked if it would be a good investment to provide the infrastructure. The fall-back position is that the property is M- I. would be wiUing to explore some element of affordable housing but they requested that input be provided to them. e Two years ago, the City was unwilling to break up that industrial land. The City is now willing to explore opportunities to see how something can happen. The Chamber has met two or three businesses who are considering leaving AsWand but would like to remain here. has believed aJJ along that the potential users for the property would come from AsWand. · Could some pieces in the property be developed prior to a full master plan? Yes, but that would require a great deal of money to start the process of clean-up. would spend a million or more cleaning it up. · There should be a master plan for this property. The Planning Commission would want some overall direction as to where the property was going before they would approve a zone (E- I) change · The question was asked if j had looked into Federal funding for the property clean up. The answer was no. asked if the City would be willing to apply for funding. Tqe answer was yes. · Suggestion: Contact the people with an interest in the property. Clean-up can be done incrementally. Infrastructure must be done in advance. asked ifit would be of value to the City to freshen the plan now and then resubmit it. John Morrison said yes, that the City should take a look at it. · Are there areas of the property which could be used with no clean up? Yes. also said that they have no clean-up related to DEQ. · How does one develop and retain work force housing? There are models available to do this for the City's purposes. · Sandra told that she appreciated their willingness to work with the committee. The committee will take the next step to see if the interested parties could meet with . If the interested parties have a site plan and a time frame, that would be helpful. would also like a clear direction on what their transportation element would look like. They thanked the Chamber for the meeting and look forward to working with the Chamber on the project. Economic Sustainability Comm Minutes 122005.doc 2 · John Morrison noted that the City's goal is to help because it is tallcing about jobs and housing. This meeting allows opportunities to speed the timeline. Economic Sustainability Conun Minutes 122005.doc 3 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee September 28, 2005 Community Development Building, Sislciyou Room 3 :00 p.m. PRESENT: Graham Lewis, Mark Marchetti, Jac Nickels, Dennis Slattery, Jim T eece STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery, Molly Wheeler VISITORS: Gordon Safley, SOREDI BR&E PROJECT UPDATE . Sandra said that Ann Seltzer, on behalf of Gino, asked if the Economic Sustainability Committee would allow Gino to use the economic sustainability report, with a little twealcing, for the Economic Element Revisions of the Comprehensive Plan. The committee agreed. . Graham reported that the teams have been meeting with business owners throughout the city and businesses will have been interviewed and surveyed when complete. Rebecca Reid will format the results. The cluster approach has been applied to the survey. A small percentage of the people did not wish to be interviewed. The committee will take a look at the results after Rebecca is finished with it. ENTERPRISE ZONES & ELECTRONIC COMMERCE OVERLAY: Gordon Safley . Gordon distributed information on Oregon Enterprise Zone and Electronic Commerce Overlay Requirements and Benefits to the committee. : . There are two types of enterprise zones: one is an urban enterprise zone, like Medford, and the other is a rural enterprise zone. . An enterprise zone is set up to benefit industrial management facilities. There can be up to 49 zones in the state. . The newest qualifYing activity is electronic commerce overlay and is for those who do 51% or over oftheir business over the internet. A call center, therefore, would qualifY. . In approximately 2001,4 electronic commerce overlaps were approved for an existing enterprise zone. The past legislative session approved an additional 6 overlay enterprise zones . If a business moved to an enterprise zone from a distance of more than 30 miles away, the business would not qualifY for an enterprise zone because it displaced some employees. If it were less than 30 miles away, the existing employees would commute to the new location. . Ifbusinesses left Ashland and moved to Medford, and if the move was 30 miles or less, the assumption is that the employees would move with the business. The hiring must be maintained and new employees must be retained for 3 or 5 years. Economic Suslainability Comm Minutes 09282005.doc · To quality for an enterprise zone, the median income of the area needs to be 80% of the state income. The state's median income is $40,916; Ashland's median income is $32,670, based on the 2000 census. Based on the census data, Ashland would quality. Unemployment in Ashland will not qualify; the median income will. · A 10% increase in employment is a must in an enterprise zone. · The e-commerce overlay can be used with an enterprise zone. Ashland should apply for both. It is likely that there will be some opposition to establishing an enterprise zone; the advantages to the community will have to be demonstrated. Economic Sustainability Conun Minutes 09282005.doc 2 ASHLAND CHAMBER OF COMMERCE Economic Sustain ability Committee May 4, 2005 Community Development Building, Siskiyou Room 3 :00 p.m. PRESENT: Alan DeBoer, Gino Grimaldi, Kate Jackson, Graham Lewis, Jac Nickels, Colleen Padilla, Jim Teece STAFF: Kris DeGroodt, Sandra Slattery VISITORS: WELCOME: SUBCOMMITTEE REPORTS · BR&E Survey Team: The team has the clusters and has identified who the businesses are in the clusters. They are still working on the contract. Volunteers will be trained mid June, surveys will be in July & August, data will go to Rebecca by Labor Day and results will be to the public on October 13. · Sandra said that some of the surveys should be made more useable and that should be finalized next week. They looked at the key clusters, identified them and broke them down into service, manufacturing, and entertainment. Sandra will email it to the committee. Information should be kept confidential. · Gino suggested having the Tidings do an article on the Ashland economy and the income levels here. This committee could share information with them. Sandra noted that the team has been cautioned to make sure that use of the end data is defined and will not broac!J confidentiality. It needs to be decided how the information will be used. . · Business License: The City does not yet have the new software. With the current process, much of the data is hand entered. If there are changes to the business license, the business sends them back with the check. If there are no changes, the business just sends the check back. Jim asked if the form could be changed to allow the business' SIC code on it. He is currently working with Cindy Hanks on this. · Rapid Response Teams: The team met with again. He was going to pursue two sites: one with Alan and one with Medford. On Monday Sandra received a call from a business who would like to relocate here. A couple in Tennessee is also interested in moving here. They will come in about a month. OLD ITEMS · AFN: Kate said that another meeting has been scheduled for Tuesday, May lOin the Council Chambers. John and Kate are urging a decision. Kate indicated that the City is getting closer to having a business manager and a controller in the Finance Dept. Many people like the Economic Sustainability Comm Minutes 05042005.doc Charter line-up. On AFN the pay per view is gone and there are no sports channels. AFN needs City subsidization; one can't expect cable TV to carry AFN. · SOREDI Opportunities & Challenges: · Project Rudder - an airplane manufacturer. Ashland is still on the list. · Project Green - an insurance call information center. They visited Monday with Sandra, Gino and Mac. The company is in Oregon. They had chosen 5 communities and indicated that they were disappointed that Ashland hadn't presented a proposal in 1988 when the project was called Project Form. They have visited Prineville, Redmond, and Grants Pass and are focused on identifYing the community. They looked at the Cantwell site, but they need up to 20,000 ft. and Cantwells would be cramped. Trinity Lanes didn't fit either. Colleen talked to Steve Meister about Trinity Lanes and he thought that there was a demolition ordinance which was a concern. · The business does like the Northlight property. The company would provide 50 to 100 jobs, the starting wages are good, and they run 9 companies in the iield. Their hope is that in the future they might develop a --chooI. Charlie Mitchell of Grants Pass wants to invite them back and Colleen would like to have them meet some businessmen in Ashland on their next trip. She will keep them engaged and hope to get them back here in July and August, aiming toward the end of July and the first of August. · Project Arbor - They will probably relocate in a temporary facility for now. The business plans to be here in June. The company has 5 employees and has purchased property on Clover Lane and leased land on Tolman Creek Rd. · Project Herb -Will visit again in July. · Project Biggie: Will locate. · Project Hinge - The project is going well. It is dependent on what happens with Biggie. · -- - The company has plans to develop at the airport. They will add about 10 jobs in the Ashland area and would be interested in an additional hangar. · Project Mate - Passed on to Portland · Project Cowboy - A Pennsylvania company is interested. · - This business wants to grow. · - Has some property near n Mistletoe. The company is also contemplating custom woodwork and mantels. - Moving to Indiana. They are expanding and have purchased property in Medford. This business wants to grow. - Will stay in Ashland and they are working with Batzer Construction. They expect to hire an additional 15 employees. ':olleen will visit with them. They want to expand and they may take some of their business out of state. · Nanotechnology Firm - A husband and wife company wants to relocate here and they want money. They asked about Angel investors and venture capitalists. Bob Swanby is doing research on how to attract Angel investors. · Development Enterprise Zones: There are currently 49 enterprise zones in the state. Sandra spoke with Peter Buckley and Alan Bates who found that a main requirement is that the city has to be at 80% of the median income for the state of Oregon. Ashland does not : . . . . . Economic Sustainability Comm Minutes 05042005.doc 2 have a very high income population so it needs assistance with any kind of program. Sandra has asked the Employment Department for economic statistics. · It was suggested that the Croman property or the RailroadDistrict might be a real opportunity to get involved in an Enterprise Zone. Kate noted that the Croman site is zoned for manufacturing and that it might help to retain that zoning. NEW ITEMS: · Community Forum: Jim Teece. Jim said that there is still a perception that economic stability is taking ads in retirement magazines. He suggested that there be a public forum on economic sustainability - perhaps in the Fall after the survey is done. OTHER: · It was asked if Mary Pat had come up with a list of people who attended the Ashland Independent Film Festival. Sandra will find out. · SOREDI has produced the Southern Oregon Profile which has good information in it. Colleen will bring some to the next meeting. '. Economic Sustainability Comm Minutes 05042005.doc 3 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee April 6, 2005, Community Development Building, Siskiyou Room 3 :00 p.m. PRESENT: Alan DeBoer, Gino Grimaldi, Kate Jackson, Graham Lewis, John MacLaughlin, Mark Marchetti, Jac Nickels, Colleen Padilla, Jim Teece STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery VISITORS: WELCOME: . Jim was contacted by a man in Japan by email who later came to visit him. Jim said, "They're starting to study us over here." Jim is teaching a class on internet marketing at SOU on Tuesday and Thursday evenings. School Board election will be May 17. SUBCOMMITfEE REPORTS . BR&E Survey Team: The team will select businesses to interview on Friday. Dave, Gino, Jac, Graham, Mary Pat, Jim and Dave agreed to interview businesses. . Data Collection & Reporting: After the interviews, the team will do a documentation of things they experienced and there will be a feedback session at the end. The team would like to end this stage by Labor Day. Interviews will be done in July and August and each team will interview 4 businesses. Businesses are being picked by cluster; if anyone has a business that should be included, email anyone on the team. . Business License: Jim asked the City for a Business License form and nowhere on the form did it ask for a SIC code. People should be encouraged to fill out the form because it captures web addresses and emails of key people. Suggestions: What about moving the form fo an on- line basis? Mac said he thinks the City has just purchased a new system to replace the business application process. Jim will chat with Adam about this. Suggestions: Put a line in the form to the effect that businesses are not double counted and identify which businesses are changing hands (transferred or sold). The form asks for a SSN, date of birth, etc. All the necessary fields are in the application. The application form goes out in June to have it pai<l for the year. . Maps and Aerial Photos: It would be nice to have GIS coordinates for the building the business is in so that photos of the building can be shown on the website. Perhaps the coordinates could come from the Business License form. . Questions that come up about business locations: How do we compile that to have the data which complies with builder requests? Answer: The MLS has that information already. Jim will look into MLS. Economic Sustainability Comm Minutes 04062005.doc · Brochure: The teams would like to put out a brochure. The brochure should require information from businesses and there may need to be a pre-filtering process in it before talking to people. · Follow-up and Reporting Process: e Sandra received a letter today from people who have a business involving nanotechnology and biosensors and want to relocate their business. Jim and Sandra will contact them. · Project Rudder: Colleen has no new news on this. Alan DeBoer asked if someone from the airport could contact them. Colleen will let Alan know. · Request for additional consultation: wants to meet with the team again. The business operates here with various sites in the community. He wants to know ifit's better to stay in Ashland with these various sites or to move to Talent or Phoenix. Jac said that the team should listen to him and give him their opinions. Alan concurred. He noted that many people want the team to do window shopping and to use them as a business consultant. OLD ITEMS · AFN: Jim asked ifSOREDI had anything they can do with low interest loans for AFN. Colleen indicated that they need a grant, not a loan. The primary concern about AFN is how it to make it profitable. Suggestion: Could an enterprise zone be tied into AFN? Alan mentioned that there's a 20 million dollar leftover from the lottery. Would that grant be available for AFN? Colleen will talk to Gordon and Larry about that. It might also be helpful to talk to Alan Bates - perhaps there is something in the Governor's budget to help. Kate will talk to the Governor. · SOREDI Opportunities & Challenges: · Project Rudder No news. · Project Green - an insurance call information center. They were sent 2 sites in AsWand _ Cantwell's Market and the former Trinity Lanes - and 2 in Grants Pass and they will come to AsWand. They're looking for a long term lease and need 10,000 s.f Prineville and Redmond are also cities they are interested in. AsWand was the only one who did very fine research and provided detailed information. Project Green will visit the sites on May 2 at 1 :00 p.m. · Project Arbor - The business plans to be here in June. The company has 5 employees and has purchased property on Clover Lane and leased land on Tolman Creek Rd. · Project Hurt -This business plans to visit in July. · Project Biggie: This is a local expansion of a local company ad they need to expand immediately. They are looking in Medford and White City. Mac and Gino have met with them. · Project Hinge - A Michigan company wants to move to Ashland. · - The company has plans to develop at the airport. They will add about 10 jobs in the Ashland area and would be interested in an additional hangar. · Proiect Mate - A California Company considering AsWand, Bend and Portland. SOREDI is giving them metro comps - a comparison of the cities~ Jim requested a copy' of the comps · Proiect Cowboy - A Pennsylvania company is interested. · - This business wants to grow. · ;as been recently purchased and is moving to Indiana. will remain inTalent and will move in 6 to 12 months to Indiana. Economic Sustainability Corum Minutes 04062005.doc 2 . Annual Report to City: The Chamber wrote the report and turned it in to the City. Gino said it was great. Kate needs a copy. Gino will get her one. . Commuter Train: No new news. Gino said that Eugene is experimenting with a bus rapid transit which feels like a train to passengers. NEW ITEMS: . Home Based Businesses: Jim said that he doesn't have the sense that they are being traced. The database is missing them. . Homes for Business: People operate businesses out of homes. In the early mid 80s, this was encouraged. That started impacting the residential character of the area and now the City is discouraging it. Jim asked if there is an opportunity to encourage them to move to another place to be incubated. Suggestion: Write a letter to every household and indicate a willingness to help them grow their business out of their home. . The Chamber website will list information on space available but it will not be on the site until June or July. Jim will talk to Dana about it. . Ashland Chamber Website Update: Chris Briscoe's still photography will be combined with Fred Stockwell's aerial photography on the website for a dynamic new look. . AIFF: The Ashland Independent Film Festival had a successful run. Jim will work with them so that they can track their reach and find out who is coming to AIFF. The Festival advertises and transmits all over. The benefit of AlFF is its relationship to the University and a possible film school. The movies need huge bandwidth which AFN has. Suggestion: connect with John Schweiger on this. There is a need to have someone who does digital editing to move their plant here. Mary Pat will contact the director of AlFF to see how ESC can start contacting and marketing to them. OTHER: . Rachel Ray: Rachel Ray's $40 a Day show done in AsWand will be shown nationally on Friday, April 8 at 9:30 p.m. on the Food channel. . Business Development Workshop: The Workshop will be held on May 17 at the Windmill Inn of Ashland, from 8:00 a.m. to Noon. Experts will be Kurt Knudsen, Attorney; Tim Parelius, Banker; Rick Nagel, CPA; and Emile Amarotico, Businessman. .' Economic Sustainability Comm Minutes 04062005.doc 3 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee March 2,2005, Community Development Building, Siskiyou Room 3:00 p.m. PRESENT: Kate Jackson, Graham Lewis, John MacLaughlin, John Morrison, Jac Nickels STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery VISITORS: WELCOME: · Jim noted that recent issues with AFN show that AFN connectivity is counted upon and a disconnect with AFN does affect business when it does not function. SUBCOMMITTEE REPORTS · BR&E (Business Retention & Expansion)Survey: Sandra, Jac, Graham, and Rebecca Reid met with Charlie Mitchell who gave them a briefing on how Grants Pass has used the process from the University of Minnesota. The subcommittee's purpose is to find out strengths and weaknesses in Ashland's businesses and focus on industry intelligence and trends. The surveyors will meet with the best of the business sector and in doing so will have an opportunity to pick business owners' brains. The businesses interviewed will also want to see how they stack up. Forty-five percent of the businesses have refused to be interviewed in Grants Pass. · Data collection & reporting: At the last meeting it was asked if changes to the business application are annual or anniversary. Business license reporting is an annual process " according to Gino. Jim will confirm that · Jim has not yet received the GPS coordinates from the City. · Rapid Response Team: · Data CollectionlTracking Process: Jim said that the Rapid Response Team wants to create a tighter bridge between themselves and SOREDI and Colleen and strengthen it for the tracking process. Jim cited the chocolate company example in which the company had 50% of it acquired and now their plan is to relocate. The committee needs to do a follow-up on that Another businessman had heard of the Rapid Response Team and felt he needed to meet with them and think about consolidating all the businesses he had. The group discussed with him what his needs would be which he found very valuable. That project is a good example of incident tracking and follow-up · Service Brochure: The team has an opportunity to leave behind a Rapid Response Team brochure. The Chamber and the City could work together to describe the process. This would allow businesses who don't get interviewed know there's still a way to work with the Rapid Economic Sustainability Comm Minutes 03022005.doc Response Team. Perhaps the brochure could be included with the Business License information or distributed as a separate mailing to the businesses. OLD ITEMS · . The developers presented the plan to the Chamber Board. The Planning & Historic Commissions had to discourage them. There will be a special presentation next week but no action will be taken. The project will come back for a hearing at the Planning Commission meeting in April. All are encouraged to attend. The project is not scheduled to come before Council except on appeal. · Governor's Visit Feb. 3(Ecollomic Development): The Governor's visit was important in that the Governor made a specific visit to Ashland to discuss economic development with the Chamber leadership. The Governor's staffwants to see ongoing communication. · SOREDI www.sorediDrosDector.com: Colleen forwarded all information to Jim after the last meeting. He put in 340 A Street and asked for businesses within a 5 mile radius. The screens provided information on the surrounding businesses and employment wages by job type with median and annual wages. However, the wages seem to be out of scale for our area. The data is from a GIS company. Realtors with property for sale can post their properties on the SOREDI site. Ij Development Enterprise Zones: Colleen forwarded information about the development enterprise zones to Jim. Question: Could the whole city of Ashland become an Enterprise Zone? If Ashland doesn't want Medford to have a competitive advantage, it should at least be on the same playing field with tax benefits. Kate Jackson asked what Ashland businesses could qualifY for the enterprise zone. Gino at the last meeting seemed to have concerns about having Ashland be an enterprise zone. Medford has an e-commerce overlay and an Enterprise Zone. Sandra suggested that someone at the state level discuss it with the committee _ perhaps Bruce Laird. She will invite him to the next meeting to talk about Enterprise Zones. Jeff Griffin, in the Governor's office, also knows a lot about Enterprise Zones. · Jim noted that at a meeting he attended, someone said Ashland doesn't want to have business which is a perception that exists. However, perception is different than reality. Kate said that more attention should be paid to the north end of town on Highway 99 _ near the veterinarian's office and the spa place - which could be considered as able to be redeveloped. These are in the urban growth boundary which could provide commercial businesses and a growth area. The area does not have City sewer, water or police and fire protection, but .they do have Jackson County Police. NEW ITEMS · Annual Report to City Council: The Chamber is preparing their annual report to the City Council. · Southern Oregon Outreach · SOREDI is a key player and it would be good to have Colleen notifY Ashland right away when someone calls her about Ashland. Kate said that Colleen had a Project Green (insurance claims processing business) she was working with which was looking at several locations and would move into a 10,000 s.f building. They are interested in being close to a downtown. Salaries are $13 to $15 per hour. Economic Sustainability Comm Minutes 03022005.doc 2 e Mr. Opodaka of the SOREDI Board has been working with a trade mission and the Governor is going to let Southern Oregon lead this trade mission. The group is talking about wine and tequila importation. Dennis and a person from Guanajuato have talked about international trade. Rotary also has a connection with Guanajuato. Jim or Kate will find out what the parameters of the trade mission will be. Mayor John Morrison is scheduled to go to see the Governor in June and he would like to expand the business opportunities in addition to the cultural aspects. · SOTTC (Technology & Economic Development) The group had an economic development forum in February - a round table discussion to talk about technology in communities and how it promotes development. University folks, business and tech leaders from Jackson and Josephine counties attended the meeting. Charlie Mitchell said that Grants Pass is Ashland 10 years ago. Affordable housing is facing them right now. People are moving there and driving the real estate up. Only a few businesses took advantage of economic overlay in Grants Pass. The biggest problem is that the city is attracting people with workforce and there is an infrastructure for size that the next generation won't need. ADDITIONAL ITEMS . John Morrison said that he wants to get rid of the attitude in the region that Ashland hates business. Kate Jackson noted that some businesses are more appropriate in Ashland than in Medford and some are more appropriate in Medford, but there has to be a regional approach. Former Alan DeBoer had this approach and has been recognized for it with a regional award. . John said that the subject of a commuter rail came up again. The MPO thinks it still needs to be in the transportation mix and it can then become a player. Ashland is positioned to be a southern terminus for a commuter train. ADJOURNED: 4:30 p.m. ". Economic Sustainability Comm Minutes 03022005.doc 3 ASHLAND CHAMBER OF COMMERCE Economic Sustainability Committee February 2, 2005, Community Development Building, Siskiyou Room 3 :00 p.m. PRESENT: Alan DeBoer, Dave Dotterer, Gino Grimaldi, Graham Lewis, John Morrison, Jac Nickels, Colleen Padilla STAFF: Kris DeGroodt, Mary Pat Parker, Sandra Slattery VISITORS: APPROVAL OF MINUTES: WELCOME: [hve... · Committee members introduced themselves. Jim welcomed new members Jim Dotterer and Mayor John Morrison. The committee meets in a new venue - the Siskiyou Room - and at the new time of3:30 p.m. on the first Wednesday of every month. SUBCOMMITTEE REPORTS · Survey: Jack, Sandra, Dennis and Graham have done fine tooth combing on the Grants Pass Survey. They expect to recruit people in pairs - those good at listening and taking notes - to do the survey interviews in the April - May time frame. The goal is to reach 50 businesses with teams of 2 to look at key clusters in the businesses. Question: Could there be an opportunity to have a fill-out-the-form survey? Answer: Possibly. The survey is not meant to be a hand out type · Data collection & reporting: Jim is still waiting to get data from the City. One map ~hows the commercial downtown, industrial and E-I areas. The challenge is to publish it on the web and as a handout in a usable format. Jim is getting GPS coordinates to identifY what . businesses we have that are in the clusters Jim has. The second map is a straight zoning map. The third map shows partially vacant, able to be redeveloped areas, and vacant, unable to be developed areas. The maps will be used as information guideposts. Once the business license overlay is available, it will be helpful. There was a question regarding the changes to the business application: Is it annual or anniversary?) Gino will find out. · GPS: Colleen Padilla said that SOREDI can help with finding where some of the businesses are since she has GPS programming. She can get demographics from a 5 to 10 mile radius and clusters. The GPS programming is for developers to use. They can post their property sites (commercial or industrial properties only) on the SQREDI site for a fee and receive demographic information on them - such as income, age, and Bachelor's degree based off the census, and information from the county on wages. The company is GIS Planning out of the Bay area. Economic Sustainability Comm Minutes 02022005.doc · Rapid Response Team: Alan, Jac, Graham and Sandra attended a meeting with a local nonprofit business and they are working to keep them here and determine how to direct them with expansion and redevelopment of their site. There has been an increase in requests for the Rapid Response Team: a person from England wants to buy a business here, a Colorado business in the construction field is interested in the area, a retail business wants to expand into larger quarters and a Midwest business is also interested in AsWand. Jim would like to collect data from those interested in relocating as to the number of employees, when they are going to decide, and what made them decide what they did. · Jim said there is a need to decide how to publish information regarding these requests from businesses and their decisions. Sandra noted that the businesses often request confidentiality which should be honored. · Project Douglas is looking for a site but asked for names of commercial realtors to help because the individual is possibly frustrated because the costs came in higher than was budgeted. That is where an inventory of space available would be helpful. Question: If there's a problem with the City, does the committee go to Mac or Gino? John suggested that problems or suggestions on the process go through Gino. One businessman's architect gave him estimated costs which were way over budget and he had to go back to a redesign. So the entire project was shelved. NEW ITEMS: · Sandra and Mary Pat saw the business' plans ft"1r redevelopment because they wanted the Chamber aware of their plans. They may offer tu build underground parking for the City. The occupants of the building will have an oncology center specializing in prostate cancer in partnership with the hospital. Gino said that the parking issue is tough; it is expensive to do underground parking and the City is also starting the downtown plan. Sandra said that the occupants will go ahead and dig the hole for parking only if the City commits to fund the parking development. The hospital sees the opportunity to partner and have more medical exposure in the community. No hospital money is going into the project · Governor's Visit (Economic Development): The Governor requested a meeting with~the Chamber leadership and a number of people will meet with him to listen to his ideas on economic development. · Development Enterprise Zones: There are many Enterprise Zones in the state of Oregon. If a company locates in an Enterprise Zone, it can get 3 years of property tax exemption on capital improvements. It can get a 5 year tax exemption on capital improvements if the average wage for new hires is greater than 150% of the average wage level for Jackson County. The disadvantage is that the city and schools wiJ) lose property tax ifit's abated. Ifa business in the Medford Urban Enterprise Zone does more than 50% of its business over the internet, it qualifies for a 25% income tax credit on investments in Electronic Commerce up to a maximum of $2 million. The Enterprise Zone is a powerful tool in attracting businesses. Gordon Safley is in charge of interstate commerce zones. · To qualifY for an Enterprise Zone, the business has to go through the legislature which determines if Enterprise Zones will be expanded. Businesses such as bars or golf courses won't qualifY. In Medford, the business can't be retail. It can be an existing business but Economic Sustainability Comm Minutes 02022005.doc 2 needs to make capital improvements of over $50,000. The Oregon Economic Development website has information on the Enterprise Zone. . Gino said that the city needs to have a better idea of how the community would accept an Enterprise Zone before proceeding toward that as a goal. Questions: Is there a disadvantage to making an entire city an Enterprise Zone? Are there stats on who takes advantage of an Enterprise Zone? ADJOURNED: 4:00 p.m. , Economic Sustainability Comm Minutes 02022005.doc 3 ECONOMIC SUST AINABILITY COMMITTEE MINUTES OF December sth, 2004 3:00 P.M. Present: Gino Grimaldi, Alan DeBoer, Kate Jackson, Graham Lewis, John Mac Laughlin, Mark Marchetti, Jac Nickels, Colleen Padilla, Dennis Slattery & Jim Teece Absent: Alan DeBoer & David Dotterrer Staff: Sandra Slattery, Mary Pat Parker, Pam Skinner & Carole Edrehi Jim Teece officially welcomed everyone to the meeting, including the new Mayor John Morrison and new Chamber staff member, Pam Skinner: Graham briefly reviewed what this committee has done to date for them. Jim provided copies of an agenda and a list of the top 50 Employers per Ashland Business Licenses. Discussion followed as to our committee outgrowing Project A's meeting room facilities. Carole was asked to make arrangements for the committee to meet at the City Planning Department conference room facilities for regular meetings once a month. Carole will e- mail the results. News from the Rapid Response Team: · - Jac will follow up but to date he has not heard any new news since the company decided that the re-design for their building was too expensive to pursue. · - At our last meeting, the confidential California organic food company that met with the Rapid Response Team was' On 12/2/04, an article was printed in the San Francisco Chronicle stated that they will open a new plant in Medford while keeping their headquarters in Santa Rosa, CA. It has been a real battle between expanding in Oregon instead of California because they employ 700 people. · - A developer from South Africa met with the team regarding a gated community designed in . motive that included a castle. This is tabled for now because gated communities are not allowed in Ashland. · . no update yet until Jac, Alan and Mac meet with the manager of regarding their design plans for expansion. Jac will give a follow up report at our next meeting. · SOREDI - There is a plan for development at the air port called "Project Rudder" with a 90 day turn about for breaking ground. Alan and Gino are working with those plans and will give a report as things progress. Colleen is working with a California scout regarding two businesses, a chemical lab testing company and a software company. Ese Minutes of December 8th, 2004 Page 2 · Others -Jac will keep us posted as he works with the owne( of ~ ~. They are looking for property that has 4,000 square feet. They want to relocate their business from California to this area because they just purchased a house in Ashland. 3rd Annual Oregon Business Plan Leadership Summit A thousand plus people attended the summit including the governor, senators and business owners. The summit content was very much like what we are addressing in this committee, like identifying cluster businesses and how to attract new businesses that share our same city values. They did not address growth, costs for public services, education, and where the money will come from with no new taxes to support programs. Kate gave her viewpoint from her position as a City Councilor who has concerns regarding growth in Ashland and how to apply different means to share without being competitive. She suggested that the committee review the Oregon Business Plan. It was a great opportunity to share information and be able to better define our own definition for success based on the uniqueness of our city. Some of the Ashland attendee's were Kate Jackson, Kate Hartzell, Jim Teece, Alan DeBoer, Sid DeBoer, Laurie Gibbs, Dennis & Sandra Slattery. The Data Collection and Publishing Process Jim has spent many dedicated hours reviewing various data bases and maps. Presently there is not a main source for obtaining all of the information needed. He now has the reduced the following information onto one convenient page, and he will update the committee as he makes more progress: · Ashland's Largest Employers · Clusters with more than 100 Employees per License · City of Ashland Business License Recap · Top 50 Employers per Ashland Business License The committee reviewed his information, commented, encouraged and thanked Jim for his hard work developing our data base. Sandra will contact other cities that have surveys and reports that would be helpful, like Grants Pass and Eugene. After receiving their information, she will work with other committee members (Jac, Graham and Dennis) to review the information, extract and recreate one for our committee's purposes. They will also work on developing a questionnaire that can be handed out when people apply for permits at the City. Rebecca Reed was suggested as a contact because she has done survey work for Grants Pass. Business License Changes Jim is presently working with both SIC and MCA codes to put together geographical information for our committee. Kate suggested that he contact someone at the City's in the utility payment department as another resource. Ese Minutes of December 8th, 2004 Page 3 Businesses on the Edge This definition means businesses that are outside of the city limits, therefore no business licenses are issued with the city, like Alan DeBoer's business. It does not mean businesses that are having hard times financially. Jim put this topic on the agenda to have the committee advise him so that he is clear about what to include in the data base. Discussion followed and A VISTA was suggested for him to use. . Other Business The minutes of August 19,2004 were approved by Graham and seconded by Jac. Jim wi)] do a recap of this meeting and e-mail it. Sandra will be e-mailing the 1/25/05 workshop information. The next meeting is scheduled for Tuesday, January 19th, 2004 at 3 p.m. The meeting adjourned at 4:55 p.m. 2/3/05 to SS for review and revision ECONOMIC SUST AINABILITY COMMIITEE MINUTES OF AUGUST 19, 2004 3:30 P.M. Present: Gino Grimaldi, Alan DeBoer, Kate Jackson, Graham Lewis, John Mac Laughlin, Jac Nickels, Dennis Slattery, Jim Teece & Dana Welsh Staff: . Sandra Slattery, Mary Pat Parker, Jennifer Stander & Carole Edrehi Jim Teece officially welcomed everyone to the meeting and provided copies of an agenda, committee member list, and a recap from all of the minutes. He took time to recap the first year review incorporating the goals and six major topics identified on the agenda. All of the committee focus is to encourage community, communications and collaboration. Comments and discussion was inteIjected by committee members during the recap. A main concern initiated by Dennis, and agreed by all, is for the committee to move forward, be active and effective in the process. All agreed that it is important to move fOlWard, and to continue to achieve our goals. Eventually there will be sub- committees to meet as needed, and they will serve as a Rapid Response Team designed specifically. Sandra Slattery provided the new publication of 2004-2005 Living and Doing Business Guide to the committee and reviewed its contents. All of the information was gathered, written, and done by staff and the contents were completely re-done and formatted from last year. Four local photographer's work is featured, as well as SOU and Ashland Community Hospital archive pictures. Some of the local businesses were involved and the publication clearly reflects the variety of valuable resources and make up of our town. The publication is a result of the on-going work done by the Ashland Chamber of . Commerce with existing businesses and perspective businesses to assist in their success which benefits the community as a whole. L&D utilizes the Oregon Business Plan, business clusters model and other data which this committee has as incorporated as identified goals to use now and in the future. A special feature on page 35 is OrC2on "Vs. California information because the majority of people who move to Oregon are from California, and there are huge tax savings in Oregon at this time. It is an award-winning publication because of the authenticity and quality. Other Chambers in Oregon, . Washington and Alaska out source their publications which homogenizes them. Discussion and comments followed: . SOREDI uses L&D as a handout for business inquires. . Sandra met with U. S. Chamber of Commerce Northwest Regional Representative, Rene Sinclair this week, ahd she complimented the publication. Rene offered her assistance for future workshops. . Forbes Magazine recently published an article featuring Ashland as one of the best "porch swing communities" to live. Mary Pat was interview by KOBI TV this week as a result. In Ese Minutes of August 19,2004 Page 2 Committee Development . Jim Teece said that presently there is no way of tracking people who want to relocate their business and families to Ashland and the nearby community, other that those who go directly to the City for business licenses, and those to go to the Chamber for consultation. For example, he is contacted by people in his field of High TeCh. Dennis commented that we must consider how to be identified and structure ourselves well to get the credit for assisting people with obtaining their goals and tracking them: Perhaps an evaluation form can be made and used for this purpose and giving to people going through the City process when they are issued business licenses, or working with the Planning Department to expand their business. Since business licenses are public information, it is available for us to use to gather information for tracking, since there is no sales tax to develop surveys. The SJ.c. (Standard Industrial Classification) code is an available recourse which was used for L&D. Also, SOU students are now conducting surveys that will offer value information to us to use. . Graham would like our committee to focus on how to market ourselves as we develop and branch out into sub-committee's, so that we are effective servicing already established businesses to survive and offer a living wage to their employees; those who want to expand here in Ashland, as well as new businesses dealing with the City process. . Dennis would like the committee to focus on how the committee can assist the Chamber of Commerce to further continue to use their City Grant monies to meet the City and City Council budget requirements to better fulfill accomplishments for community workshops, events, business growth, prosperity and enhancement of the benefit of the community at large. Kate interjected that ACC does follow the requirements and that the recent City Council meetings were to better define the contrast language that does not identify what is spelled out in the grant. Mary Pat initiated the discussion for the need to offer assistance to local quality craftsmen, like cabinet makers for example, which for the most part, has a difficult time surviving with competition from larger companies who can offer same type products at less cost. Discussion followed by Alan, Gino, John and Jac which included the need to establish a balance for business growth that is harmonious with the City Plan, especially environmental concerns, and rid the present "anti-growth" reputation of our City. The Rapid Response Team can serve as a positive buffer to assist with the City process, as was the case with the -ho met with the ESC and are now well on there way with their plans at the City. Recently the -vantOO their businesses in Ashland to expand but their representatIves became frustrated and did not want to comply with the City process after a short while, so they decided not to proceed. Perhaps they may have pursued their plans, had they met with ESC early on in their process. At the present time, there are few problems with the process because the City Planning Department staff explains the values, land use standards and works to have a smooth application process; however, there are times when the Rapid Response Team could assist them greatly so that they Ese Minutes of August 19,2004 Page 3 save time and perhaps will not have to go to the City Council for special use as often, only when they want to change the rules. It will be important for the applicant to know that this service is available to them in the beginning of their process in order to be effective, so creating a form to use then is imperative. Alan asked Sandra if the Chamber could create such a form, and she replied "yes", that she could put it in a letter form titled, "Do you want to begin a business in Ashland?", and suggested that it be made available to all pre-op applicants. The City was going to check to see if this was possible. Jim will do a recap of this meeting and e-mail it. Sandra will be e-mailing workshop information. The next meeting is scheduled for Wednesday, November 10th, 2004 at 3 p.rn. in the Project A conference room. The meeting adjourned at 4:35 p.m. ." ECONOMIC SUST AINABILITY COMMITTEE MINUTES OF November 10th, 2004 3:00 P.M. Present: Gino Grimaldi, Alan DeBoer, Kate Jackson, Graham Lewis, Mark Marchetti, Jac Nickels & Jim Teece Staff: Sandra Slattery, Mary Pat Parker & Carole Edrehi Jim Teece officially welcomed everyone to the meeting. Sandra gave a confidential update of the successful California company that is leaving California because of Worker's Comp issues primarily. The owners met with Sandra and the Rapid Response Team recently. Their values do meet those of our city and the team meeting was a positive experience. Also, the Mayor, City Manager and Planning Director offered to meet with the owners to encourage them to move their company to Ashland, however they are checking into other nearby cities to relocate. They plan to make their decision very soon. Sandra will update the committee of any progress. Rather than an agenda for today's meeting, Jim noted three topics on the board: 1.) Data Base (Business Licenses, Property Data, Land Data). 2.) Rapid Response Team 3.) Cluster Development Jim handed out samples of the information he has gathered from the City's data base business licenses source and a graph to assist the committee with identifying clusters. He has been gathering resources from three different data bases which covers 94 pages. Kate brought up the fact that there are incompatible data bases with the SIC code and NAIC (North American Institutional Classification). Jim was already aware of that but could pull clusters from that source. 13%to 14% are not classified by business licenses. The report will have holes in it because it will be as good as the resource information which will be perfected over time. It will be a start for the committee to use and wode with. SIC is not cluster orientated, but he can compare SIC with NICA. Jim also reviewed various maps with numbers of employees and other censuses for the data base. He is working on integrating more information from censuses from the School District, OSF, ACH, SOU, churches and other resources, including the 1% lodging tax. He will share his progress with the committee. Living & Doing Business will be updated soon and is an excellent resource for statistical information. SOREDI uses Living &Doing Business as a handout for business inquiries and they will gather that information for the data base. The committee agreed that a valuable tool for our committee to use and also a means of updating the data base would be a form to give to new business owners when they come to apply for their business license at the City. Jim will work on preparing a form and will present it to the committee soon. The form will include questions discussed at our last meeting. Ese Minutes of November 10, 2004 Page 2 Sandra offered to prepare a handout and will work to obtain a letter from the City Planner which will offer anyone inquiring about doing business in Ashland or expanding an existing business, the opportunity to meet with the Rapid Response Team to make their process more successful. This information will also assist people with identifying Planning Department codes and reinstate the city's values. Sandra will work with Mac and Jac to develop these handouts. Once they are developed, Jim will make them available on our website. It will be a way for people to know what they need to know to make their process simple and positive. Sandra will gather information for the committee regarding the Oregon Business Leadership Council which is now refining the direction of where the state wants to go. It will show where the City of Ashland is in the big picture of the state's direction. Jac notified the committee that is a good employer but has been having difficulty with meeting the design standards from the City Planning codes. Perhaps they can be approached and offered the opportunity to meet with the Rapid Response Team to help them through their difficulty because it would be a shame to lose them. Jac has been working with them to design parking arrangements and their desire to have a drive in and out of their business. Presently the expenses are very high for the company to abide by the regulations and they are becoming discouraged. Jac will meet with Mac to update our committee on their progress. The next meeting is scheduled for Wednesday, December 8th, 2004 at 3 p.m. in the Project A conference room. The meeting adjourned at 4:35 p.m. .. · Sere rnbcr V;.) coG, . 1I0.'t r C~X.i(\e<( \or~) nCU\f'l) O/jJj CN-J AJim i}1 I stnt:kij 31 8 ll1C\^~rQ;fk ~~. a::' f::'il~ CpR.'K . ,Jc '--\. 1 C' IN! < 'r> I~ Ice. ~1\.- i1 e.. l<L-P ClVl t mct! " o:i 11 OWl f, II (1\ \ \ y\c;\..... ,I VI "lX,x,A _, t ~ j As d tt &uj) 1 . reerl(' ~lQ OiJr~ . A \,,' , f)( . L~tD ~ 11l( ,"" fl..eQW. J4.1VL\t.. 1~+s.Vll tlit.!(S ChcdYle ~ aXll m.A.,tls, S\J...wr cU'\ ~ 10Y\f2..r fM.Jf'.-.- itilir} h.G(.<J.Q. to , 'P \~ ~ e \J ot~ . {c n'\D.t ~ ct &'ftte.revlQ:Q i (\ T1~ 'r (i (J€ ", , '11\a.11J\J-~) aAt)~ buf- ~rn.e1~ . II .. tI }Jf Ili. I "if Dear Councilors and Mayor: I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the r'isk CJf strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstr'oke. Jackson County allows animals to be tied for their entire lives on short chains. This is pot a life that anyone in Ashland, including pets, should have to ehdure. P~lease pass a 1al.>1 to make this kind of animal abuse ~'illegal. Please heavily restr'ict the tether'ing of dogs and other animals at their homes. By doing this, you will also help people. Chained dogs are often a barking nuisance. They're also more likely to bite people than other dogs ar'e. ..~~. ./('" .() --- c\ (\ IfICX,dl-'t Go t)DE Ot,<1 ;"0 ,1 I.~' i) rd::;;, AVE SUNNYVALE t C/ rkPl L- ::r - :2. {;.-O (; G l-/"yndJ.; ::JC:>J1 ~.~ Qe< W(00 (dOY/~ ti~~er ~~J ~cy ~.2S 7eYv~ A ~e. 'N7f-L __l.plt, - 0 b _ ~ ~~-~ t~~ 'G2D ~OJ~sSC r1(~ 012' ~7'j~ 12-~ BSLf Q\.{\Y101~\-.",,' (-f5~\M..d ~crlS'dO t{S<C N ~ d)~ )10 Fe..~w-o-t L Pr- iJrL {~- L rot ~'("c;... MC)\j \L 3~~ ~ ~~ ~ 'e>V~s) c.:v.- 1f14 uS' 1<65D AAt bw~ 4)1) Dear Councilors and t"iavor: " 'ij , I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, OT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is rot a life that anyone in Ashland, including pets, should h~Ye tb endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing this, you will also help people. Chained dogs are often a barking nuisance. They're also more likely to bite people than other dogs are. I Uz,Ii( '8 ~ ~ S- 0 G !J- .;.- s-lJ/ l3'eeJ} 9d1 3 - &trJ -l-7 S-y ~/~- - J:Yl i55<6- ~50) ,... 1LHL1~ ~G~ g ~ b ~t- - \0 \)~ 'JJ ")(0 2-/1 2-63'8 &fro S cUr.\' L Asll~ oR. 1"1'0 AdJJjYls (Loa ~ "T Q leAvt 0 ( ~1- 9-t 0 1t':S27/'~&~.;t/e- 7L-K ,6s~;V..o. cO/l!-. r7s-";<o ?JI r.e~ /), . 'h /1( o~ 9'7S {; f.. 7 J \/':," ~~ 1> ~ i),....-. As~~', ~lZ- 97~ 'Z-o L~~ cc~~ l(H- LexL .rT /j Dear Councilors and t',a vo r : y I'm concerned about the a.nimals in Ashland I..,ho are tied up' at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, o~ dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is pot a life that anyone in Ashland, including pets, should ha....e to endure. Please' pass a 1 a I.., to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing this, you will also help people. Chained dogs are often a barking nuisance. They're also more likely to bite people than other dogs are. Ahr; ~ ; / f6c3 ,?LIO f l31( /Uk-. 50/ c.. /(C~ <...../! I ;(' 0& Q~J: I f-lt II ~ Vi'VI'Q)/l a;' 1: ~ u 'j , ? 7RJ t~ ~ /:l" -oh ~>fL/cyte- 1.. Ph~ ~V'\..-"""'" T .~ ~ , f15 o.{ C175-~a '/ru. /J If t/fVoz-. .-- \'- ( <. ( ( pi'> (box/ill ll~. Y1b' C\e.s~~<<~) ~l~ 0 Lf7'<) , ~iIIlht(~/ tJn: \};2..- f NeJ~ S\ I.~ ol:.~ De2.r Counc i tors and t-lavor; T /"1 I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. !ney also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, or dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have ~o endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and ather animals ,s_ t thE? i r h.::>mes. doing this, you will also help people. Chained dogs are often a barking nuisance. They're also more likely to bite people than other dogs are. , ;P'-/J LIU-t~ 0 0( ~- ---r ! '-', 'vILG,C ..-J..L-l-, iL.{/ ~ ()', )< I ...v 'de I ( ell€-Y" J J3aVb~ <=rCS'I-~c.>"3 5 qsl- g-t/3 6 .~ -,-- -53"'2--6 7 (S")- rJ74 2- --- 7fj-(r}~ II ({ n 0\-1'0 LV "' ~\ - ( ,- () 0 ,-( -O(g 't-'I--Oh C ,-. I'D' ~;r -0 ~ ("' ol -l-{)(, '- 0& - -Db -- l Jt0 q "' ( - Ou ~. -Dt) , J I / oCo I ~, 1\ ' (lL'c/l2;J :Fe .e~ 6rekLV~ f( 0 b Q r'f f; A r h 0-+ WIJlouJ nil ~ '" .~ e:. {\.(/\ ~1 bO-~ C,af-6C~ G;~0 J t.u - L ')V S .~}J- '1 tln ;1 \12 oJr\1 0 ~. ~. D(L \'lQ.O / k 73 p~ J.uv- 5J-, ~ D(( ?7S'2;: It 7 3 fa..rkv- j I- \ t tfIC 77 JGv I S-7 q W nefl ~h[( J'f AJi fu.~ C(7[c( 380 ym.L Ash{~O[ci7S<< (' l (,.- (\ {:' . ~.~~ 715.2 ~ t .OtR:N(A- It f70 I~'LU/ ~Jtu Q7sf'o J~~~ VO (OJ \), ~ ~.t1'd {; 0 O~~\JV'.6 t '>~ ~~/"-~ / ? I (){tcr r t( (Zt;( . . /'(Jt1 ({\ t/t'/ ( ~(G Ae ~ A)<JJ U ~ e......) \fJ r ~,koev"-I :/7 L;, 6 , (l?J7 1~ +J v ~ ; 2-2() /1 Dear Councilors and tria \f(j r : y I'm concerned about ~ne animals in Ashland who are tied up at their homes for e:<ce';;;sive per'iclds. They suffer lC"Jneline'::;s. frIJ.str'aticln and bClredoffi. ~ney also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, or dying of heatstroke. Jackson County allows animals to be tied for' their' entire lives on short chains. This is not i life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals -3_ t the it naines. MV doing this, you will also help people. Chained likely to bite people ar'e often a barking other are. ,()1. ,- \...., Sf, AshJ~ J\) I j7~ o ....Pr~__~~vi.CAJ__~ ~/( d 0> 1J1/1iCE f/IiI2RIIVG1O IJ 7XJ()@ /nDIJB-L- /;J I ~ \ I 7ClnQ . ::r o-U L<., f,.~\ lA-I..~. "" I---+-....., ~ <=- \. 'Gi ~ () .....: d"'(} \'. { LORi 'HLA t/IJ /J Lf9/ L!rrJJ-E- ~HL./tMJ \ -.....," r-' S3~-L 7LfL( (;J:..1 (\- '7 """ 0 ~/ ') :>r-l) .{ , ~ i.f ' <1 - \ - (\~ ::s d\ ( ,,~ ((o',j Y\j ob 'b~ ~ tt) C1(; cr I ()~ q/l 10(0 -- II \ . l~_ ,r- tr- LJ 0- \tv'. (;:.- "'-.J 1ft 06 fA VI V; V\(j." \~lJ.. ;WJ\tV\ ...)'1'::;:' ~ t S3S-f;3b2. Lo ~~/ · CDSL ~60 . I Sf 2b ~ 6wHtv ~ 12d, A~L Dear Councilors and r"ia -'./0 I' : ,. .i I~J ~. I'm concerned about ~ne animals in Ashland who are tied up at their homes fo\' '~:<ce'5'::;ive periods. They suffer loneline'::;s. frustration and b':lredom. Iney also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not ~ life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse i 11e9a1. Please ~:\i ~~, re':;~i:~ "the tethe,~~.';~ ~Ifl :~. g':; and other anima.is a. t theqr b::Hfles. ~~_ \J..V\)L.lt..Q "T"'OO - \ ~ _. .. -- \~O~ . ] 1 1 h 1 1 .. d - t: .. ~y aOlng ~nl_, you WI.. a so B.p peop e. Lnalnea ogs are at.en a oarKing They're also more likely to bite people ~han other dogs are. bOJ -{j1{1L{ (lIS-) 1"Y--7t o (t' t ( tj--tQS6/l0 'f{5--- 92t(-/70~ ~le \n. C lA ~ ~'^~ YJd. \t\.DO- Cv ~' ( Lj-g -.9335 Y- <;; &- -4 (~-f 717-1J0~ (5/1 qq1-07~ <.j J 0 0. ,I v' f !"r- / ~D/'" / otJ), 1WJ1f9( 3 0 do(-/{J6J- Ul (' _..Ilfi;j ( f /1 It ). I '\.Ilttt'-f 1'/ q- ~>Xl.-/~ L ~ v.. ~ (J~r-~ ~- I-eN ~llixV acQxl '-)-J7-o~ 'fQ'r -(<f cf L I~ I, . . ]F<'f J<r ./ G 1'., - .:::> '(" , \.S. it ~-I -0 ee~~ - v\- ~~'r- '-(<.tV)) ild--D]3 16LoSbb ~0 -(o(5~ 30(-30Sr '%3\- ~ fS-- d Sd. 0 k 9 !. iD~ S~~ 'Dvv\n~ ~~~ 9-{\,- V\. &8- 1 '-{81 C , :::> /~ .::<) "3 .;~ '- ;J ~(9- ~0 ~ OdD G. <f~2- Y583 r- Dear Councilors and !',a '.,,'0 r : >' , ~; ! . I I'm concerned about ~ne animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by K10S or adults, getting attacked by animals, or dying of heatstroke. County allows animals to be tied for their entire lives on short This is not ~ life that anyone in Ashland, including pets, should endure. Please pass a law to make this kind of animal abuse Please heavily restrict the tethering of dogs and other animals homes. .} a.cks.:::>n chains. ha.6'.le to i11e981. at their ~y doing this, you will also help people. Chained dogs are often a barking nuisance. They're also more likely to bite people than other dogs are. 5erl- -S l. (, /-' /lti2--,.:..~~ i "".- .~ ~WjJlp ~ -- ------ YJ6' ! S~ ''2 <-t<Da-- () )()O / ("" rr.2 ) " ,... JV v V,) tK./2>/ \..../ 511 J/JIP--/Ob2 ? 1 ~ - 5"> --3 ---6 ( <'"' -~ '-' ,,/' -; ') -;::- / ~ - / -.- /' 'O~ J.. \ /. ,~ , ",-",,'} J'~-{;?:-', . r~ c..h,€ l.set\ tfa. M el-~) r'otN\C\ if <' 01\" @ Jbc G~~/fLipJ<::r c '- /'. ,- l.// 1J.-\\C (t.LI --..j h .. '_ 11 /t-. ~A K 1il.$0-t1./5..>e ff~Of(~ Ole 53s~' 571 cr ( "7) / Df.t; q Oh 1/31'o~ l-eskl~ Sv"to L l.Q v- .~ S Wo~~ 6\( r - L\ <; '2 -- L( ~ 1- ;~ - I 7- ~ &--/ =s:xl D 7?-d beef \)~ I c:l ~ <.,,, ~ Ii- (Q RJL ~-n L (t5,e I V\ i'L-- /10/ J- Q5~taV\&-CI OL0e'\ @> YCthoo,""co~ 54< -3~--g<P:28 " t 11 (' ,'\1 6 ~ CI .1'\ ()~ (- Lljvy[ ~~-~.~ 2-.~QoJ~J-~k\=/ r;hQJ. LO-IA : ~S/11~ C4t\u J L 1o~) ? u~ - 'i ?;30 111 ~; If" A /I( II: <:/;11\ VVtt. I /V [, ,..Jc/ /=/'/ ~!/'{ /2 /~ )q,/Io rrrA G-, (<?, c;j:;tl ~L../ I....) :j/ \ . C/ t I /0c6 NU (-/u) V 3 / (,4 (!4 '\,-\ I ( /} t4A /t~~// ( 1:C'j/~--e .1 /7 Dear Counc i lors a no t"ia va r : " I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness~ frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not ~ life that anyone in Ashland, including pets, should have ~o endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing this, you will also help people. Chained dogs are often a barking nUisance. They're also more likely to bite people than other dogs are. l -q-e: /-.5 - e1' c; IJO ,,", ~ . (~~ ~/V\-t c~/Y? I S:;, <----( ~.. ~ ,(~ F- J~'-/; J ! ~~ { 4 ~ Iv ~\'" ~W\~"- A:~\ \~ or / ~ll- \~~ S-\ erG, 5 7 I 4~~e_~{fC_, '. 5t V. wt(;;dT UA-AJ Sf. MUfAJJ), t1:- s- OLD A3~ \Oi\\~ r Hike into the Proposed Mt. Ashland Ski Expansion Saturday, September 16th Carpools leave at 9:30arrl from Eva's Java Lounge in Ashland Join KS Wild and community members for a hike into the proposed ]\t][t. Ashland Ski Expansion. Enjoy beautiful views of the 12,000-acre McDonald Peak Roadless Area, visit rare Englemann spruce groves and dip your face in the cool, clear water of East ForkAshland Creek. The expansion area is 270+ acres in our watershed, including 71 acres of old growth c1earcuts to develop new ski runs. Logging could begin this fall. This is a great opportunity to explore our breath-taking watershed! For more information, contact KS Wild at lesley@kswild.org or 488.5789 www.kswild.org , er recycled paper . d 100% post-consum onntc on ~ -,:, ... .. ~~ ~ ~ ~ <" .D U C 111111 ~ ~.~: ~~ . 0 " :l'll 0 0 0 l'll0 .. ~ Eo.. "'c Ii~ ~ , l'll ~ , ;; , '" :!:::... ~ ::>.. t!~ r-. " :< III 1110 -,:,0 E E'" l'll>- .. .....: ..0_. " l'll- ...~ 0 _l'll > III'" 'lS ~ c ..c ~_. 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III ~=.- ~-S u'" ::E,!!..o QI~~ ..... c ....~~ >0 J~ Qll'lll'll c~ ~cc ::l 0.... ....""0 :E~ "III 010'$ Qll'llt! ~.. _.0 o~ .= ~ 0 .="'111 ....! ~ ".!:!2 .....- u-,:,-,:, ::l;s: 011- C:.- c "ClIIIIII 00 ~~ llI>lO: QI"': ...: ..eo Qll'lll'll 0- .- 0 u.::E E ,,~ 1-- = 0.... Talent Harvest Festival Rising Sun Farms www.cityoftalent.org Talent. IOam-4pm . Free Slab Pie Tasting Pennington Farms 1115 Williams Hwy. IOam-4pm . Free ,>'-.,~ ;- ",' Monday, September II "Cooking with the Market's Bounty" Cooking class in the Community Classroom Register at 482-2237 6:30-9:00pm . $30 general' $25 Co-op members Includes Grower's Market Tour Tuesday 100m-110m Local Tast/ngs Local coffee, baked goods & more. Gooseberries lIam-4pm . Free Sept 11th & 15th : :'l4mplill UH:oi Ffovors,:', ..);~r#r~~,,; .TqJfftlf" ' . , Slsa'rIleld's GOUrmet foom UII:rahll\t. ",'. ... .,~~1!~~f:r:ee" ': " Friday, September 15 The Real Dirt on Farmer John Screening sponsored by the Medford Market www.medfordmarket.org' Medford Public library 7pm . $5 per person Local Foods Reception: AMBUS Contemporary Art Gallery. Sculptor Janet E. Higgins presents "The Adventures of Eve" . www.AmbusArt.com 21 N. Bartlett St., Medford' 4-7pm . 245-3800 Slab Pie Tasting I Local Wine Tasting Pennington Farms Allyson's of Ashland IllS Williams Hwy. www.aJlysonsofashland.com IOam-4pm . Free 6-8pm . $10 per person From the Orchard, from the Fjeld: A four-course menu of Rogue Valley inspired dishes by Helena Darling' Call 488-1124 for reservations 7pm . $45 per person Food TastIng Sistemeld's Gourmet Foods at Tark's Market Talent. 3-6pm . Free , call..m: :?~~. ." -.,";;~~~~~~~: "~~~J~~ Wednesday, September 13 Slab Pie Tasting Pennington Farms 1115 Williams Hwy. 9am-5pm . Free Sample Local Flavors Ashland Food Cooperative Culinary Kiosk 4-6pm . Free The Power of Community: How Cuba Survived Peak 011 Film screening sponsored by the Jackson County Sustainability Network 7pm . Wilderness Charter School . Free OSU Family Food Education Volunteers will demo fresh foods and answer questions about food preservation and safety at Seven Oaks Farm, 5504 Rogue Valley Hwy. Central Point. IOam-2pm . Free