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HomeMy WebLinkAbout2010-117 IGA - ECSO - Fire Q ~r "EMERGENCY COMMUNICATIONS., _ OF.SOUTI-IERN OREGON.. INVOICE July 15, 2610 % 'ity,of Ashland Fire Department 455 Slski ou Blvd Ashland; OR 97520 w z," =---2010'201`1-`retCCOMMUmcationS ~oritract - $14 784 99. Quar[erlyB11h1ig % July/AugusdScptember. 2010 $.36;466 25 Pleaseremtt to+Emergency. C6mrriunicate6ns'ofSouthern Oregon.- 11W0 CE.QTR. - - % R Ps flOVQ DATA - 7J a___ p 2~1 D ACCO"UNT # 1LrZ~D-?~-lj OD/D© s' - 1,7 .400 Pe-h-Road. • Central Point Oreg0n,97502 X541 774-5060 541.772-1817 Fax CITY OF -ASHLAND Council Communication Intergovernmental Agreement and Ordinance to Participate with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services in Southern Oregon Meeting Date: May 18, 2010 Primary Staff Contact: Terry Holdemess Department: Police Department E-Mail: holdemet@ashland.or.us Secondary Dept.: Fire Department Secondary Contact: John Karns Approval: Martha Bennett Estimated Time: 5 Minutes Question: Does the Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services in Southern Oregon? Staff Recommendation: Staff recommends that the Council authorize entering into an intergovernmental agreement to participate with Emergency Communications of Southern Oregon top provide emergency dispatch services in Southern Oregon. Background: The.Police.andF.ire.Departments-presently-contract.with.the.Cit -of Medford .for- emergencydispatch_____.- services. All Jackson County emergency services including those previously provided by the City of Medford will be consolidated into the new Emergency Communications of Southern Oregon (ECSO). This consolidation should take place on or July 1, 2010. After that time there is no viable option other then ECSO available to the City of Ashland for providing emergency dispatch services. At this time staff estimates that becoming part of ECSO will reduce the cost of emergency dispatch services for the City of Ashland by over $100,000 a year. ECSO will be formed as an intergovernmental public entity under ORS 190.010(5). The IGA being presented covers the governance of ECSO and the City of Ashland agreeing to be part of ECSO. Oregon law requires that the council pass an ordinance authorizing entering into an agreement to form a public entity under ORS 190.085. In order pass the ordinance and enter into the IGA prior to the effective date of the IGA the ordinance will have to be passed as an emergency. As long as Ashland Police Department remains the second largest Police Department in Jackson County the Department will be guaranteed a permanent position on the ECSO seven member executive board. Prior to July of 2010 the Council will be asked to approve another IGA containing the actual contract including cost to the City of Ashland for ECSO providing emergency dispatch services. Related City Policies: None. Council Options: Approve first and second reading and adoption of an ordinance authorizing entering into an agreement to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon" by Emergency. Page 1 of2 CITY OF ASHLAND Delay adoption and direct staff to provide the council with additional information about options for supplying emergency dispatch services for the City of Ashland. Potential Motions: (Staff Reads ordinance in full and then by title) (Council declares emergency) Move approval of first and second reading and adoption of an ordinance authorizing entering into an agreement to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon" (vote must be unanimous) Attachments: Draft ordinance Emergency Communications of Southern Oregon Restated Intergovernmental Agreement Emergency Communications of Southern Oregon Restated Bylaws Page 2 of 2 , ORDINANCE NO. AN ORDINANCE RATIFYING THE EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON INTERGOVERNMENTAL AGREEMENT AND DECLARING AN EMERGENCY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Pursuant to ORS 190.085, the City of Ashland declares its intention to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon", said entity being formerly known as "Southern Oregon Regional Communications" and having been formed in the past without the participation of the City of Ashland. SECTION 2. The public purposes for which the Intergovernmental Entity is created is the establishment and operation of a public safety emergency communications system, inclusive of 9-1-1 jurisdiction as contemplated by ORS Chapter 401. SECTION 3. The powers, duties and functions of the ECSO shall include all powers, rights and duties necessary for performing the function of a 9-1-1 public safety answering point and initiating appropriate response pursuant to ORS 401.710 to ORS 401.790. The powers, duties and functions are described in the ECSO Intergovernmental Agreement on file in the office of the City Recorder. SECTION 4. Execution of the IGA is hereby authorized and the City Recorder shall _-_transmit.notice.to_the-Oregon_Secretary_of_State_of the_adoption of_this_Ordinance_in__ accordance with ORS 190.085(2). SECTION 5.. The City Council finds that the health, safety and welfare of the City of Ashland, including the need for the City to maintain continuous 9-1-1 emergency communications, require this ordinance to have immediate effect. Therefore, an emergency is hereby declared to exist by unanimous vote of the Council, and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor. The foregoing ordinance was first read in full and then by title at a single meeting of the Ashland City Council in accordance with Article X, Section 2(B) and Section 2(C) of the City Charter on the day of 2010, and duly PASSED and ADOPTED this day of 2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney ECSO Ratification Ordinance Page 1 of 1 041410 n~Id~a EMERGENCY COMMUNICATIONS? OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON RESTATED INTERGOVERNMENTAL AGREEMENT 1 RESTATED INTERGOVERNMENTAL AGREEMENT OF EMERGENCY COMMUNICATIONS OF SQUTHERN OREGON RECITALS WHEREAS, the participating jurisdictions of an emergency communications agency, formerly known as Southern Oregon Regional Communications and now known as Emergency Cornmunjcations of Southern Oregon ("Agency"), have previously entered into an Intergovernmental Agreement ("IGA") creating the Agency fot purposes of establishing and operating a public safety emergency communications system inclusive of 19- 1-1 jurisdiction as contemplated by ORS 101.710. to,101.790 that provides a cooperative and coordinated 9-1-1 primary public safety answering point for police, fire and emergency medical services for the benefit of all participating jurisdictions; and WHEREAS, it is the function of the Agency to provide coordinated alarm, telephone and public safety communications services for participating parties for the benefit of the citizens with the undersigned jurisdictions, WHEREAS, from time to time, by amendment or restatement, the r can modified to provide, among other things, expanded membership in the Agency; and WHEREAS, the signatories hereto desire to substantially modify the IGA and have determined the most practical method for doing so is by adoption of a fully Restated [GA. NOW THEREFORE, it is hereby mutually agreed by, between and anwng the undersigned to adopt a fully Restated IGA, to be formally known hereafter as the Restated Intergovernmental Agreement of Emergency Communications of Southern Oregon ("Restated IGA"), as follows: TERMS AND CONDITIONS 1. EXPANDED AGENCY IURISDICTION The participating jurisdictions, as set forth on Exhibit A, attached hereto and incorporated herein by this reference, hereby enter into the Restated ICA pursuant to ORS Chapter 190 to redefine the scope of the Agency's 9-1-1 jurisdiction, responsible for the provision of 9-1-1 service and public safety communications, to include all of Jackson County and agree that the Agency will be an 2 intergovernmental public entity formed by intergovernmental agreement under the auspices of OILS Chapter 190, specifically ORS 190.010 and that the Agency will continue to be known as Emergency Communications of Southern Oregon. 2. POWERS AND AUTI-IORiTY The Agency is vested %vith all powers, rights and duties necessary for performing the function of a 9-1-1 public safety answering point and initiating appropriate response pursuant to ORS 401.710 to 401.790, or as such are subsequently amended or replaced by successor statutes, including, but not limited to, contracting for such services. 't'he agency shall be governed by the governing bodies set forth in Exhibit "B" attached hereto and incorporated herein by reference. 3. GOVERNING BODY a. The Agency shall be governed by a Chief Executive Officers Board ("CEO Board"), whose membership shall consist of seven (7) participating _ jurisdiction representatives from the members as set forth on Exhibit "A" and as such may be amen a from time to time. The three 3 permanent members of the CEO Board shall be a representative of the Jackson County Sheriff's Office, as chosen by Jackson County; a representative each of the City of Medford Police Department and the City of Medford Fire Department, as chosen by the City of Medford. Two (2) of the remaining four (4) seats shall be filled by the next largest police agency gency, (as determined by the participating jurisdiction's user fee and fire, contribution). The remaining two (2) seats shall be filled by one (1) at large police agency one (1) at large fire agency from the remaining participating jurisdictions as elected by the Intergovernmental Council for one (1) year terms, July 1 through June 30, at its last meeting of each fiscal year. Each participating jurisdiction with a seat on the CEO Board shall appoint, at its pleasure, one (1) primary representative and one (1) alternative representative, who may attend and participate, as provided herein, in all CEO Board meetings in the absence of the participating jurisdiction's primary representative. Representatives and alternates shall be an elected official or employee of their respective participating jurisdictions. A majority of the CEO Board members in attendance at a duly noticed meeting shall constitute a quorum for purposes of deliberation and decision. Each CEO Board Member shall have one (1) vote. 3 b. 171e CEO Board shall be responsible for: • Approval and adoption of the Agency Strategic Plan • Approval and adoption of the Agency annual objectives and work plan • Adoption of general policy guidelines and performance standards for Agency service levels • Adoption of the Agency's annual budget • Approval of all contracts over $50,000.00. • Serving as the body to hear the final step of grievance procedure for unclassified employees • Approval of contract employment terms and conditions for the Agency Director C. All meetings of the CEO Board and of its subordinates, the Intergovernmental Council and User Agency Advisory Group, shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710, or as such are subsequently amended or replaced by successor statutes. A majority of the members of the CEO Board shall constitute a quorum for purposes of deliberation and decision. All decisions of the CEO Board, un ess of erwise prove et -ere in, s m 1-1 _ require at east our 4 mem ers voting in favor or against any motion for the decision to be official. d. The CEO Board, at its first organizational meeting, or as soon thereafter as reasonable, shall adopt rules governing its procedures, and including at a minimum: 1) time and place of regular meetings; 2) method and manner of calling special meetings; 3) method, term and manner of election of CEO Board officers; d) procedures for executing documents on behalf of the Agency; and 5) Intergovernmental Council and User Agency Advisory Group rules of procedure e. The CEO Board, at its first organizational meeting, shall elect a Chair and Vice Chair to serve through June 30, 2012. The term of the Chair and Vice Chair thereafter shall be two (2) years, running from July l through June 30 each year, with elections held at the Board's first meeting in even numbered years whether July or thereafter. The Chair, and in the Chair's absence the Vice Chair, shall preside over all CEO Board meetings. The Agency Director, or designee, shall act as Clerk of the Board and be responsible for providing notices of meetings and keeping of minutes, as required by Oregon Public Meetings Laws. The CEO Board may establish other officer . positions, in addition to a Chair and a Vice-Chair, as it may deem necessary 4 I , from time to time for itself and/or for the Council and/or User Agency Advisory Group. 4. 1NTFRGOVF.Ri\IIyiENTAI.. COUNCIL, a. There is hereby established an Intergovernmental Council ("Council") consisting of the participating jurisdictions as set forth on Exhibit "A" and as such may be amended from time to time. b. The Council shall, among other things: • Nominate candidates and recommend contract employment terms and conditions for the Agency Director subject to CEO Board ratification; • Based upon the direction of the CEO Board, provide oversight and direction to the Agency Director regarding all Agency operations; • Review and Recommend implementing policies and strategies for Agency service levels; • Review and Recommend all other agency operating policies including personnel policies; • Review and Recommend salary levels for all Agency employees subject to CEO Board ratification; • Recommend the Agency's annual budget to the CEO Board; • Provide for an annual audit of the Agency's finances; • Review and Approve all contracts in amounts up to $50,000.00 or as otherwise authorized by CEO Board administrative directive; 0 Review all contracts over $10,000.00 and make recommendations to the CIA Board • Provide direction and advice to the Agency Director regarding personnel matter and labor negotiations and make recommendations as to such to the CEO Board. • Perform other duties and responsibilities that may be assigned by the CEO Board. c. 'The Council, at its first organizational meeting, shall elect a Chair and Vice-Chair to serve through June 30, 2011. The terms of the Chair and Vice- Chair thereafter shall be for one (1) year, July 1 through June 30 and elections for the upcoming term shall be held at the first meeting of the year, whether July or thereafter. The Council shall meet at least quarterly, and at a time and place designated by its members. Special meetings of the Council may be 5 called by the Chair or any two (2) members upon at least seven (7) days prior written notice to all Council members. d. Seven (7) representatives of the Council attending a duly noticed meeting shall constitute a quorum for the purposes of deliberation and decision. Each Council member shall have one (1) wrote. Approval of a majority of a quorum attending a duly noticed meeting is required for any action. 5. USER AGENCY ADVISORY GROUP a. 't'here is hereby established a User Agency Advisory Group ("User Group"), consisting of one (1) representative appointed from each of the agencies as set forth on Exhibit "A" and as such may be amended from time to lime. User Group representatives shall be employees of their respective agency. b. The User Group shall: 1) provide advice and counsel to the CEO Board, Intergovernmental Council and Agency Director in matters of Agency operational priorities, policies and procedures; 2) review and recommend _ Standard Operating Procedures "SOPS" to the Agency Director foradoption by tile, Agency, and 3 provide advice .and counsel to the r gency CSireclor in the development of the Agency's annual operating budget. c. A majority of the User Group members in attendance at a duly noticed meeting shall constitute a quorum for the purposes of deliberation and decision. Each agency representative on the User Group shall have one (1) vote of those representatives in attendance. Approval of a majority of a quorum attending a duly held meeting is required for any action. 6. AGENCY DIRECTOR a. The CEO Board shall select and appoint an Agency Director based upon qualifications and competence as deemed appropriate by the CEO Board]. b. The Agency Director shall be the chief administrative officer of the Agency and be responsible for; 1) Agency administration, personnel, purchasing and budget functions, in conformance with the policies and ndes adopted by the CEO Board; 2) dispatching, phone answering, record keeping, security and other Agency functions in conformance with the policies adopted by the CEO Board; 3) hiring, training, discipline and/or discharge of all subordinate Agency personnel, subject to applicable Agency rules and policies; 4) G attending and providing executive staffing of the CEO Board, Intergovernmental Council and User Group meetings; and d) preparing and presenting to the Agency Budget Committee, not later than the first Monday in February, a proposed budget for the next budget year. 7. FUNDING ne services of the Agency shall be funded from contributions from participating jurisdictions, including the assignment of each participating iurisdiction,s 9-1-1 excise taxes, and User fees based on a User Formula as determined by the CEO Board. User Formula contributions shall be paid in four (4) equal installments and due no later than July 10, October 10, January 10, and April 10 of each year. Yearly User Contracts, in a form approved by the CEO Board, shall be signed by each User Agency no later than June 30th for each upcoming fiscal year. 8. EQUIPMEN'T' a. The CEO Board shall consider and adopt policies relating to ownership and maintenance responsibilities for equipment necessary for the operation of the Agency. Upon adoption o such policies by -the M(TH-oarti7itlie Agency Director shall cause them to be mailed to each participating jurisdiction's city manager or chief administrative officer, for purposes of review and/or comment and objection. If no participating jurisdiction provides the Agency Director with written objections to the policies, within thirty (30) days of their mailing, the policies shall be conclusively deemed as acceptable to the participating jurisdictions and the policies shall be effective as of that date. b. In the event of Agency dissolution, equipment and furnishings not identified for return to a participating jurisdiction shall be sold, in accordance with applicable law, and the funds from such sale distributed to the participating jurisdictions in proportion to their finding contribution to the Agency for the preceding three (3) year period. 9. INCREASING MEMBERSHIP The CEO Board shall develop a method for allowing Agency membership for other units of local government as such are defined in ORS 190.003. New participating jurisdictions shall be accepted as members of the Agency only upon approval of three-fourths (3/4) of all Intergovernmental Council members and 7 upon their becoming a signatory to the Restated IGA. All participating jurisdictions shall be responsible for directly or indirectly providing an emergency service to the public. Emergency services are police, fire, or emergency medical services. 10. DURATION W"DRAWALAND'1'L•RM1NATION This Agreement is perpetual and the Agency shall continue from year-to-year provided, however, 1) any participating jurisdiction may withdraw from the Agency upon providing written notice to the CEO Board Chair not later thin June 30 of any year for withdrawal effective July I of the following calendar year; and 2) the Agency may be dissolved upon mutual agreement of all participating jurisdictions. A participating jurisdiction may withdraw from the Agency without written notice required herein, only if agreed to by all remaining participating jurisdictions. Upon withdrawal of a participating jurisdiction, as to any of the withdrawing agency's equipment that was obtained by a grant, ECSO shall become fully responsible for adhering to all grant requirements, thus _ relieving the withdrawing igency of all such liability. The governance and Dart -C EU funding structure of this agreement may be subject to review by FL at any time after completion of four (4) years from the effective date of the Restated IGA if a review is requested in writing by at least one participating jurisdiction, or by request of a majority of the CEO Board 11. REMEDIES If a participating jurisdiction withdraws from this Agency, but fails to provide necessary notice or to obtain mutual consent of all participating jurisdictions, the parties agree that the liquidated damages for such action shall be not toss than the withdrawing party's share of the Agency's annual operation costs for the next fiscal year, as determined by the Agency's User Formula. In the event any party files litigation to enforce this Agreement, or any portion thereof, the prevailing party shall be entitled to reasonable attorney fees and costs, including any fees and costs incurred in an appeal, and as determined by the appropriate court. 12, AM1:NDMI NI TS This Agreement may only be changed, modified, or amended upon three-fourths (314) vote of all participating jurisdictions. s 13, EFFECTIVE DATE This Agreement shall become effective when it has been authorized by resolution of a majority of the governing bodies of the participating jurisdictions identified herein. Notwithstanding Paragraph 9., increasing N9embership, those participating jurisdictions named herein that do not enter into this Agreement prior to its effective date, may become members of the Agency upon authorization by resolution of their governing bodies, provided such authorization is enacted prior to December 31, 2010. Any jurisdiction desiring to join the Agency after December 31, 2010 may do so subject to Paragraph 9., Increasing Membership. 14. PRIOR AGREEMENTS This Agreement, upon its effective date, supersedes the previous Intergovernmental Agreement, however, any and all prior agreements of Emergency Communications of Southern Oregon and/or between the participating.jurisdictiunsregarding cooperative and coordinated efforts o provide a 9-1-1 primary public safety answering point for police, fire and emergency medical services shall remain in full force and effect until modified, terminated and/or replaced by the participating jurisdictions. 15. SEVERABIIATY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement resulting in the invalidity of any part, shall not affect the remainder of the Agreement. 16. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. 17. This Agreement shall be governed in all respects by Oregon law. 9 SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly authorized by resolution to execute this Agreement on behalf of the governing body of the below-named unit of local government. Dated: Jackson County Dated: City of Yledford Dated: City of Central Point Dated: Cily of Eagle Point Dated: City of Rogue River Dated: City of Jacksonville Dated: City of Butte Falls Dated: City of Talent Dated: City of Phoenix 10 Dated: City of Ashland Dated: Rogue River Rural Fire Protection District ;1 Dated: Jackson County Fire District 03 Dated: Jackson County Fire District F{l Dated: Jackson County Fire District t5 Dated: j Jackson County Fire District 46 Dated: Jackson County Fire District 49 Dated: Prospect Rural Fire Protection District . I Dated: Lake Creek Rural Fire Protection District u Dated: Greensprings Rural Fire protection District Dated: Oregon Department of Forestry. i Dated: Crater Lake [National Park Dated: Southern Oregon University 12 Exhibit "A" The Emergency Communications of Southern Oregon Restated Intergovernmental Agreement ("Intergovernmental Agreement") is initially made and entered into, pursuant to ORS 190.010 and by and among the herein participating jurisdictions: Jackson County: Jackson County Sheriffs Office Jackson County Roams and Parks Jackson County Semices Jackson Cormly Airport Authoritt . The City of Medford: Medford Police Department ebledford Fire Department e 0 ford R7 ra1Tire Pro tMorlDislrici-X2 The City of Central Point: Central Point Police Department The City of Eagle Point: City of Eagle Point Police Department The City of Ashland: . City of Ashland Police Department City of Ashland Fire and Rescue The City of Talent: City of Tatent Police DeparlinenI The City of Phoenix: City of Phoenix Police Department The City of Jacksonville: City of Jacksonville Police Department City of Jacksonville Fire Department The City of Rogue River: City of Rogue River Police Deparl nowt The City of Butte Falls: j Cit/ of Butte Falls Police Department City of Butte Falls Fire Department Rogue River Rural Fire Protection District kl 13 Jackson County Fire District #3 Jackson County Fire District 54 Jackson County Fire District KS Jackson County Fire District * i Jackson County Fire District 49 Prospect Rural Fire Protection District Lake Creek Rural Fire Protection District Oregon Department of Forestry Southern Oregon University Crater Lake National Park Greensprings Fire Protection District 14 Exhibit "B" Chief Executive Officers Board ("CEO Board") Agency Director Intergovemmental Council ("Council') F - -User t\geitey=A-dvisory =User-Agency--Advisor))-Oroup - - Graup(~ire) (Law) 15 U-10810 9-l l 01 wkE EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON RESTATED BYLAWS APRIL , 2010 RESTATED BYLAWS TABLE OF CONTENTS ARTICLE 1 AUTFIORITY, PARTICIPANTS AND PURPOSE~..•...•••....• ................................3 - ~ ARTICLE 2. ,CHIEF EXECUTIVE BOARD~..........._ ..................................................................A ARTICLES, iINTERGOVERNMENTALCOUNCII~ ..................................................................5 ARTICLE 4 USER AGENCY ADVISORY CROUI~ ARTICLE 5. ;OFFICER ....7 ARTICLE 6 -:DUTIES & RCSPONSIBLITIES _CEO_BOARD, COUNCIL,-USER_GRO.U . _ DIRECTO ..............................................................................................................B j RT[CLE 7. MEETING RTICLC 8 ORDER OF BUSINESS ......................................................................•....................9 ARTICLE 9 f~IINUTES .....................•................................................................,...................,.......,9 ARTICLE 10 FISCAL YEA .......................................................................................................:.10 ARTICLE 11 STAFF ASSISTANC~~ ...........................................................................................10 ARTICLE I2 ~ADMINISTRATIVEMi6r[VES~ 10 'ARTICLE 13 r ,BUDGET FINANCE AND EQUIPbiEN"11 ......................................•.................ri ARTICLE 14 jAMENDMENTS BYLAWS 13 2 Article 1. AUTHORITY, PARTICIPANTS AND PURPOSE Section 1.1. Basis for Bylaws Authority 1.1.1. The authority for Bylaws restatement is based on the Emergency Communications of Southern Oregon ("Agency") Restated Intergovernmental Agreement ("Restated IGA") enacted effective 2010 pursuant to ORS 190.010. (See Restated IGA Paragraph 3., sub-paragraph "d" for a description of the delegated authority to the Chief Executive Officers Board ("CEO Board") for the formulation of Agency Bylaws.) Section 1.2. Participating Agency Members As of 2010 the participating members of the Agency are as set forth in Exhibit "A" attached hereto and incorporated .-hercin.b} reference - All members of the Agency shall be a unit of local government as such is defined in ORS 190.003 and be responsible for directly or indirectly providing an emergency service to the public. Emergency services are defined as police, fire or emergency medical services. If new participating members join the Agency, or initial members %vithdraw, this Section of (lie Bylaws shall automatically be aniended by interlineations to reflect actual membership without any other action of the Agency, Section 1.3. Purpose of Agency and Bylaws 1.3.1. The purpose of the Agency is to establish and operate a public safety emergency communications system inclusive of Agency members as contemplated by ORS 401.710 to 401.790 Iliat provides for a cooperative and coordinated 9-1-1 primary public 3 safety answering point (PSAP) for police, fire and emergency medical services for the benefit of all Agency members. 1.3.2. These Bylaws outline the Agency organizational governance procedures and rules, and supersede all previously approved Bylaws of the Agency. Section 1.4 Governance 1:1.1 Pursuant to the Restated IGA, the Agency is govemed by the CEO Board which in turn oversees the subordinate Intergovernmental Council ("COUnCH") and the User Agency Advisory Board ("User Board"). 1.4.2 These Bylaws provide that all the Agency's governing bodies, CEO Board and Governmental Council, and all other sub groups or committees, whether permanent or rut hoc, are subject to the Oregon Public Records and Meetings Laws. 1.4.3 Tine gcw_Erning rules_of parliamentarypr_2cedure-for alLottlie Agency's governing bodies shall be The Standard Code of Parliamentary. Procedure, 411, Edition, by Alice Sturgis ("Sturgis Rules"). 1.4.4 The quorum and voting rules for cacti governing body of the , Agency as set forth in the Restated IGA. - DI Article 2. CHIEF EXECUTIVE OFFICERS BOAR Section 2.1. Purpose of CFO Board The CEO Board of Emergency Communications of Southern is the governing body of the Agency. Section 2.2 CEO Board Membership 2.2.1 CEO Board membership shall be as outlined in the Restated IGA, Paragraph 3. a. 4 Section 2.3 CEO Board Officers 2.3.1 Pursuant to the Restated IGA, Paragraph 3. e., the CEO Board shall elect a Chair and Vice-Chair, at the times and for the terms specified therein. The CEO Board may also create such other officer positions as it may deem necessary from time to time. Section 2.4 Eligibility rility to Hold an Officer Position 2.11.1 Officers of the CEO Board must be eligible as an elected official or employee of a member agency. Article 3. INTERGOVERNMENTAL COUNCIL Section 3.1. Purpose of the Council 3.1.1 The purpose of the Council is to provide regular and consistent - - - profs;ssiunal-administratiu~oti:ersight,-.suppoet:and=guidance_to the Agency Director and overall Agency operations supervision by each Agency member's Chief Administrative Officers or their designees. The Council is subordinate to the governing authority of the CEO Board. Section 3.2. Council Nfembershin 3.2.1 Council membership shall be as outlined in the Restated IGA, Paragraph 4. a. 3.2.2 Each Council Member Agency shall appoint, at its pleasure, one (1) primary member representative and one (1) alternate member representative to the Council. Primary members and alternates shall bean elected official or employee of their respective jurisdictions. 3.2.3. Each primary or alternate council member may attend and participate, subject to Restated IGA provisions and these Bylaws, all Council meetings. Alternate members may attend Council meetings and are fully empowered to act on behalf of their primary Agency member. , Section 3.3 Council Officers j 3.3.1 Pursuant to the Restated IGA, Paragraph 4. c., the Council shall elect a Chair and Vice-Chair, at the times and for [lie terms specified therein. The CEO Board may also create Such other officer position as may be deemed necessary from time to time. Section 3.4 Vacan!~! on the Council: Thirty 1301 Day Notice 3.4.1 In the event of a vacancy on the Council, the affected Agency member shall submit in writing to the Council Chair within thirty (30) days, the name of the elected or appointed representative to fill the vacancy, as well as any change in the alternate if applicable. - - - ~A~klcll'-4 USER_AG:EL~C]L-AQVIS9B]L-GRQ~1P:~ _ Section 4.1 Purpose of the User Agency Advisor} Group 4.1.1 T}m purpose of [lie User Agency Advisory Group shall be to: 1) provide advice and counsel to the CEO Board, Intergovernmental Council and Agency Director in matters of Agency operational priorities, policies and procedures; 2) review and recommend Standard Operating Procedures "SOPS" to the Agency Director for adoption by the Agency, and 3) provide advice and counsel to the Agency Director in the development of the Agency's annual operating budget. Section 4.2 User Aged Advisory Group Membership 4.2.1 User Agency Advisory Group membership shall be as outlined in the Restated IGA, paragraph 5.a. 6 4.2.2 Each User Group representative member may attend and participate, subject to Restated IGA provisions and these Bylaws, all User Croup meetings. Section 4.3 User Croup Officers 4.3.1 Pursuant to the Restated IGA, Paragraph 5. d., the User Group shall elect a Chair and Vice-Chair, at the times and for the terms specified therein. The CEO Board may also create such other officer position as may be deemed necessary from time to time. I ;Article 5. OFFICERS Section 5.1 CEO Board and Council Officers _5.1.7 Officers of the CEO Board shall be the Chair and Vice Chair. 5.1.2 Officers of the Council shall be the Chair, and Vice Chair. 5.1.3 The CEO Board may also create such other officer position as may be deemed necessary from time to time Section 5.2 Officer Terms 5.2.1 For the CEO Board and Council, the term of the Chair and Vice- Chair shall be as set forth in the Restated IGA. 5.2.2 Elections for the officers shall occur at the times and in the manner specified in the Restated ICA. Section 5.3 Role of Chair and Vice Chair(s) 5.3.1 The Chair shall preside over all meetings. 5.3.2 In the Chairs absence, the Vice Chair shall preside over all meetings. 7 Article 6. DUTIES AND RESPONSIBILITIES: CEO BOARD, ,COUNCIL, USER GROUP & DIRECTOR Section 6.1 CEO Board: Duties and Responsibilities 6.1.1 The CEO Board's duties.and responsibilities shall be as set forth in Paragraph 3, of the Restated IGA. Section 6.2 Intergovernmental Council: Duties and Responsibilities 6 .2.1 The Council's duties and responsibilities shall be as set forth in Paragraph 4. of the Restated IGA. Section 6.3 User Agency Advisory Grow : Duties and Responsibilities 63.1 The User Group's dirties and responsibilities shall be as set forth in paragraph a, of the Restated [GA. Section _ gency ireetor: duties and Responsibilities 6.4.1 The Agency Director's duties and responsibilities shall be as set forth in Paragraph 6. of the Restated [GA. . . . . _ ..7..._................ ~Articie . MEETING. . S Section 7.1 Meetings of the CEO Board shall be held at least quarterly in March, June, September, and December at a time to be determined by the Agency Director. Additional meetings may be held as determined by the Agency Director or a majority of the CEO Board. Section 7.2 Emergency meetings of the CEO Board may be called by the CEO Board Chair, as necessary. 8 WMA Section 7.3 Meetings of the Council shall be held monthly on the second Wednesday of the month at 3:30 p.m. Additional meetings may be held as determined by the Agency Director or a majority of the Council Board. Section 7.4 Emergency meetings of the Council may be called by the Council Chair or the Agency Director, as necessary. Section 7.5 Tile User Group shall meet at least quarterly, and at a time and place designated by its members. Article 8. ORDER O.. BUSINESS Section 8.1 The Chair of the CEO Board or Council shall call the meeting to order and conduct business in accordance with the prepared a gend,tiancLSturgisl2ules. Article 9. MINUTES Section 9.1 Minutes of all Council, and CEO Board meetings, executive sessions excepted, will be recorded and a copy provided to each Council and CEO Board member, as well as any requesting party, within a reasonable time period after the specific meeting. Article 10. FISCAL YEARI Section 10.1 TTie Agency's fiscal year shall be from the first day of July of one year to the last day of June of the following year. 9 Article 11. STAFF ASSISTANa Section 11.1 The Director, or designee, shall act as the Clerk of the Board for each of the Agency's governing bodies and be responsible for providing notices of meetings .ind keeping of minutes, as required by Oregon Public Records and Meetings Laws. - - - - ~Article 12. ADMINISTRATIVE DIRECTIVES Section 12.1 Contract Approval Authority 12.1.1 Administrative directives relating to contract approval authority shall be approved by the Council and CEO Board per Article 6. of these Bylaws. Section 12.2 Other Administrative Directives 12.2.1 Policy directives having to do with legal, labor, finance and Human resources issues shairbe dratiFt1 y the Agency Director, reviewed by the Council, and recommended to the CEO Board by the Council as outlined in these Bylaws. Section 12.3 Prior Administrative Directives 12.3.1 Administrative directives approved prior to the adoption of these Bylaws shall be assumed to be "grandfathercd" into the Agency policy framework unless said directives are requested to be reviewed and/or reconsidered by the Council, CEO Board, Council or Agency Director or if found to be in conflict with the Restated IGA or these Bylaws. Section 12.9 Administrative Directive Authority 12.4.1 At no time shall any Agency administrative directives exceed or otherwise contradict the authority of the CEO Board, Council, User Board, or Agency Director as outlined in the Restated IGA 10 or Bylaws. If such directives are found to exist, these directives will be reconsidered by the CEO Board and/or Council as appropriate. (See also administrative directives/policies for equipment below). - - - ..._..M..... Article 13. BUDGET, FINANCE AND EQUIPE.N'11 Section 13.1 Budget Policies, Schedule and Process 13.1.1 Ilie Council shall annually adopt a budget development schedule and budget policies to guide the development of each fiscal year's budget. 13.1.2 Pursuant to the Council-adopted budget development schedule and budget policies, the Agency will develop a proposed agency budget for submittal to the CEO Board for review and approval. 13.1.3 The proposed budget shall meet objectives as stipulated in the - directiues.for_finanee:and--cipitaL--platus:asjdcntifled-in-these- Bylaws. 13.1.4 The Council will fecommend action on the proposed budget to the CEO Board. 13.1.5 The CEO Board shall then forward, to each Agency member, an adopted budget prior to the beginning of the each fiscal year. 13.1.6 Public hearings and special Council and CEO Board meetings shall be scheduled for the budget process as provided in the Council-adopted budget schedule, and per Local Budget Lain and Public Records and Aeetings Laws requirements as appropriate. Section 13.2 Funding Formula and Capital Plan Administrative Directives 13.2.1 Pursuant to the provisions of these Bylaws, the Agency Director shall draft and propose administrative directives for: • 11 13.2.1.1 Documenting implementation procedures for enactment of the "User Formula" to determine User Fees. 13.2.1.2 Identification of a process and method for the review of the User Formula. 13.2.1.3 Identification of long-range large capital improvement plans. Section 13.3 Funding 13.3.1 The services of the Agency shall be funded from contributions from Agency members, including the assignment of each Agency member's 9-1-1 excise taxes. 13.3.2 The Agency's usage of 9.1-1 excise taxes must be expended in accordance with the Agency 9-1-1 plan submitted to the state Office of Emergency 4lanagement QENI)_This plan is approved by all Agency members. 13.3.3 User Formula contributions shall be paid in four (4) equal installments and due no later than Jul), 10, October 10, January 10, and April 10 of each year. Section 13.4 Equipment 13.4.1 The CEO Board shall consider, adopt, and amend policies as needed, relating to ownership and maintenance responsibilities for equipment necessary for the operation of the Agency. Upon adoption of such policies by the CEO Board, the Agency Director shall cause them to be mailed to each participating jurisdiction's city manager or chief administralive officer, for purposes of review and/or comment and objection. If no participating jurisdiction provides the Agency Director with written objections to the policies, within thirty (30) days of their mailing, it shall be assumed the policies are acceptable to the Agency members and the policies shall be deemed effective as of that dale 12 n 13:1.2 In the event of Agency dissolution, equipment and furnishings not identified for return to a participating jurisdiction shall be sold, in accordance with applicable law, and the funds from such sale distributed to the Agency members in proportion to their funding contribution to the Agency for the preceding three (3) year period. Article 14. AMENDMENTS: BYLAWS) Section 14.1 Bylaws Amendments 14.1.1 The Council, CEO Board or Agency Director may, as needed, propose amendments to these Bylaws to the Agency Director and then Council for review and subsequent recommendation to the CEO Board for consideration, approval and adoption. 14.1.2 At no time shall these Bylaws or subsequent amendments supersede-or_otherwise.conflict_witIt -the-autltorit,) o -the-R AatadIGA; in the event of an inadvertent conflict, the Restated IGA shall control. 14.1.3 Other areas of the Bylaws which are not specified by the Restated IGA shall be reviewed from time to time by the Agency Director with a report to the Council for consideration of modifications and eventual submission to the CEO Board for approval. 14.1.4 Changes to the adopled Bylaws which may result from a modification to the Restated IGA will be considered by the Council, and forwarded for approval to the CEO Board. Dated: Jackson County Dated: City of Medford 13 Dated: City of Central Point Dated: City of Nagle Point Dated: City of Rogue River Dated: City of Jacksonville Dated: City of Butte Falls Dated: City of Talent Dated: City of Phoenix Dated: City of Ashland Dated: Rogue River Rural Fire Protection District fol Dated: 14 Jackson County Fire District P3 Dated: Jackson County Fire District #4 Dated: Jackson County Fire District #5 Dated: Jackson County Fire District #6 Dated: Jackson County Fire District 49 atec : _ Prospect Rural Fire Protection District Dated: Lake Creek Rural Fire Protection District Dated: Greensprings Rural Fire Protection District Da ted: Oregon Department of Forestry 15 Dated: Crater Lake National Park Dated: Southern Oregon University 16 City of Ashland, Oregon - Agendas And Minutes Page 1 of 6 ® search site site map I advaeted search T h Back ON of Ashland Omaon / Grit Council City Council - Minutes Tuesday, May 18, 2010 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 18, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Strombag called the meeting to order at 7:00 p.m. in the Civic Council Chambers. ROLL CALL Councilor Voisin, Navickas, Jackson and Chapman were present. Councilor Lemhouse and Silbiger were absent MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted vacancies on the Historic, Planning, Housing and Time Commissions. SHOULD THE CO N . APPRO . TH RUES OF THESE MEETINGS? The Regular Meeting minutes ofMay 4,20 10 were approved as presented. The Mayor and Council discussed delaying two items on the agenda pertaining to the adoption of the , Southern Oregon University (SOU) Campus Master Plan and the recommendation for the Compensation Class Study. The decision retained the SOU Campus Master Plan and delayed the Compensation Class Study. SPECIAL PRESENTATT ONS &AWARDS . 1. Mayor Stromberg's Proclamation of Craft Beer Brewers week was read aloud 2. Does Council accept the final report and recommendation of the Public Safety Bond Committee. Management Analyst Ann Seltzer presented the staffreport and introduced Chair Don Mackin and members of the committee. Mr. Mackin noted how well the group worked together and thoroughly evaluated each proposed project He stated the Committee found there was a valid need to replace Fire Station #2 and that it had reached a' critical level. They unanimously agreed on the expansion and improvement efforts for the Police Station and that it should be a top priority. The committee noted a more cast effective option was relocating the Police Department to The Grave. The committee recommended the following: • Move forward with a General Obligation Bond election in May 2011 for Fire Station #2 in an amount not m exceed S3million • Move forward with a Bond in a future election forthe Police Station • Considerusing The Grove for the Police Station • Seek otherresouroxs for a laddertruck and training tower for Fire Department Ms. Seltzer stated the architect had evaluated parking needs if the police station should move to The Grove. Comment was made that the Finance Department was designated for The Grove in the Facility Master Plait. Staff explained for the long-term Finance would remain at City Hall. If the Police Station moved to The Grove, the Information Technology Department would use the space vacated by the Police Department. Additionally, concern was raised regarding the lack of funding for a Fire Inspector. Mr. Mackin explained that the architect provided potential costs and options for savings to the Committee. - The proposal for Fire Station #2 was for a steel building rather than a wood building. Ms. Seltzer further explained the architect scaled back the project using the existing footprint in order to apply for Stimulus Money the City did not receive. City Administrator Martha Bennett clarified that the original project was significantly scaled back and designed for the long-term and would require less maintenance cast She also noted there has never been "sinking fords" for the ladder truck. httn•//www ashland nrI1Q/Afrendae aen911isnlav MinntPCRcAMTTI 4151 7/14/7010 City of Ashland, Oregon - Agendas And Minutes Page 2 of 6 Councilor Jackson/Navickas ants to accept the report and recommendations of the Pubic Safety Bond Committee and direct staff to prepare an implementation plan for Council review at a future meeting, targeting May 2011 for a ballot measure for Fire Station No. 2 as recommended. DISCUSSION: Council thanked the Committee for their effort and work. Roll Call Vote: Councilor Jackson, Voisin, Chapman and Navickas, YES. Motion passed Mr. Mackin stated that the Committee has offered to help in preparing the implementation of the General Obligation Bond forFire Station #2. CONSENT AGENDA 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Should Council approve continuance of First Reading of an ordinance creating a new Chapter 13.30, relating to the Advanced Financing of Public Improvements from May 18, 2010 to August 3, 2010? 3. Does Council wish to confirm the Mayor's appointment of Jody Waters to the Housing Commission with a term to expire April 30, 2011? 4. Will Council, acting as the Local Contract Review Board, consent to enter into a contract with Footprint Recycling for collecting and recycling used cooking oil for a term to begin May 19, 2010 and expire June 30, 2012, with the option to renew the contract for an additional 12 months? 5. Should Council approve continuance of First Reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinances from May 18, 2010 to May 26, 2010? Councilor Voisin/Jackson nits to approve Consent Agenda items. Voice Vote: all AYES Motion passed PUBLIC HEARINGS (None) PUBLIC FORUM Gary Miller/Access-3630 Aviation Way, Medford/Introduced himself as the Executive Director for Access and provided an update on the services Ashland residents received in 2009. Family and Senior Services provide eviction prevention, housing the homeless, rental and energy assistance and had assisted 15 households in Ashland The Access Housing programs ranging from housing counseling to weatherization helped 29 families in Ashland during 2009. Through Access Food Share, 236 household received food assistance. Access also provides free use of medical equipment, crutches, wheel chairs, etc, to individuals. Another program is Access Junior Achievement on financial literacy for children Kindergartia-12th grade that 55 students from Ashland participated in 2009. Access receives 70% of their funding through Federal Foods and the remaining comes from property fees and fund raising. UNFINISHED BUSINESS 1. Will Council authorize staff to implement the recommendations for the non-represented employees found to be more than 5% below market in a recent study? [20 Minutes] Item delayed due to the absence of Councilor Lembouse and Silbiger. 2. Will Council, acting as the Contract Review Board, approve a contract with Visar Construction Co. Inc., in the amount of $142,798.75 to construct the Liberty Street Local Improvement District (LID)? Public Works Director Mike Faught presented background information regarding the bid process for the LID. He stated the lower bid was a $37,121.25 reduction from the previous estimate. Staff was confident the low bid would not generate fulare change orders. Councilor Chapman/Jackson ants to approve, with cause, a contract with Visar Construction Co. Inc. in the amount of $142,798.75 for the improvement of Liberty Street under Assessment District No. 88. DISCUSSION: Councilor Chapman noted that staff had reduced the amount over the cap the City was responsible for from $30,000 to $7,500. Councilor Jackson commented on the process and staffs involvement with the property owners. Roll Call Vote: Councilor Chapman, Navickas, Voisin and Jackson, YES. Motion passed 3. Does Council wish to adopt the SOU Campus Master Plau'update and approve First Reading of the three implementing ordinances? Abstentions. Conflicts. Exparte Contact Councilor Voisin declared a conflict of interest and requested Council to recuse her from the discussion. Councilor Jackson/Chapman m/s to recuse Councilor Voisin on this item. Voice Vote: all AYES Motion passed Councilor Voisin left the meeting at 8:01 p.m. Community Development Director Bill Molnar presented the staff report and explained the three ordinances for the Southern Oregon University (SOU) Master Plan. One incorporated the SOU Mater Plan into the Comprehensive Plan. The second ordinance would update the Land Use Section Chapter 18.64 SOU Zoning District referencing the new SOU Master Plan as the guiding document for the next 10 years. The third ordinance modified the actual zoning district boundary to ensme only properties under the ownership of SOU or controlled by SOU were within the boundary of the zoning district This ordinance removed seven properties privately owned from the SOU boundary and returned them to adjacent residential zoning. Staff requested an additional motion for an ordinance that would apply the detailed site review zone overlay to the httn•//wwwszhlandnrnc/Avendacaan9Tlianlav MinntecRcAMTll=4151 vl4/~nl0 City of Ashland, Oregon - Agendas And Minutes Page 3 of 6 area between Walker Avenue and Wightmm Streets for the proposed multi-story mixed-use project. Mr. Molnar clarified the normal process for a housing project included a site review approval that applied the City's design standards for multi-family housing. SOU is bond by the same process. Because the projects are within 50 feet of privately owned property, it also triggers a Condition Use Permit (CUP) requiring additional review. SOU proposed eleven additional standards for the housing projects as well. City Attorney Richard Appicello read the ordinance title amending the Comprehensive Plan to adopt and incorporate the SOU Master Plan aloud. Councilor Jackson/Navickas m/s to approve first reading and move to second reading the Ordinance amending Ashland Comprehensive Plan to adopt and incorporate the updated SOU Master Plan. DISCUSSION: Rog Call Vote: Councilor Jackson, Navirkas and Chapman, YES. Motion passed Mr. Appicello read the ordinance title amending Chapter 18.64 to reference the. SOU Master Plan aloud. Councilor Chapman/Jackson m/s to approve first reading the Ordinance amending 18.64 to reference current SOU Campus Master Plan and move to second reading. Rob Can Vote: Councilor Jackson, Navickas and Chapman, M. Motion passed Mr. Appicello read the ordinance title amending the Ashland Zoning Map aloud. Mr. Molnar was not sure how the City Zoning Map included private properties in the SOU zoning area. "Ihe maps were created in the early 1980's and updated by hand. The properties could have been mistakenly included in the boundary. The GIs technology the City uses today reduces the margin for error substantially. Councilor Navickas/Jackson m/s to approve first reading of Ordinance amending Ashland Zoning Map to be consistent with the City of Ashland comprehensive plan designation for SOU properties in accordance with the 2010 campus master plan and move to second reading. Ron Call,Vote: Councilor Jackson, Navirkas and Chapman, M. Motion passed Councilor Voisin returned to the meeting at 8:21 p.m. Mr. Appicello stated the fourth ordinance for SOU regarding the detailed site review zone would be available at the June 1, 2010 meding. NEW AND MISCELLANEOUS BUSINESS 7 =Wi11:Coubcihaccept;ttie~repoi4oftbe:Police~Ghiekoricrimein-Astitandaodttie:useo-force by the Ashland Police Department? Police Chief Terry Holdemess presented the staff report that showed an overall decrease in crime during 2009. In 2009, there were 31 incidents of Use of Force, all considered low forms of physical force where Tasers and pepper spray were not used. Part One Crimes, tracked by the Federal Bureau of Investigation (FBI) include Homicide, Rape, Robbery, Aggravated Assault, Auto Theft, larceny and Arson. There was a 20.3% reduction in 2009. The Ashland Police Department (APD) experienced a 37% clearance rate and the national average is 230/,24%. Chief Holdemess explained Incidents Related to Disorder address how safe people feel in their neighborhood and that data is collected by tracking the number of calls the APD receives regarding fighting and drug activities. Last year call volume decreased 24%. Domestic violence was not included in this category because it is generally not a reportable crime. Statistics for All Crime include crimes the APT) would not have been aware had they not taken proactive action, like drunk driving, showed an overall 27% decrease. During 2009, there were seven reported rapes, down from 11 in 2008. The legal definition of rape is sexual penetration, anything less is sexual assault The APD worked 22 cases involving sexual assault in 2009. US Department of Justice statistics show that only I out of every 7-10 rapes are reported and for a college town the size of Ashland there is mom likely 50 unreported rapes a year. The Police Department currently provides annual programs to seventh graders at the Middle School on binge drinking and sexual assault A future goal when resources permit is an internet victim program for High School students. - Phinp Lang/758 B Street/Submitted and read a statement on an alleged incident of excessive use of force he encountered with one Medford and two Ashland Police officers after his partner's death that resulted from medical care she had received from Rogue Valley Medical Center. Charges brought against him due to the incident were dropped prior to going to trial. He noted there were many incidents where APD Officers were abusive and violent and was concerned that officers were not required to fill out incident reports for all their involvements with citizens He encouraged the Mayor and Council to request a detailed report regarding police activities that included how the civil rights of citizens were respected and protected. Chief Holdemess clarified the total for use of force encounters applied to any incident and officers are required to fill out a report anytime they use physical force. However, reports are not required httn•//www ashland nr na/Aornrlaa asn?r)ignlnv --MiniitegX-.Amin=4151 7/14/20 10 City of Ashland, Oregon - Agendas And Minutes Page 4 of 6 every time they contact someone. He went on to describe the harassment training all officers receive during basic training at the academy. In 2009, APD went through crisis intervention training. Ongoing training includes monthly tests on appropriate use of force with hands on training occurring twice a year. Chief Holdemess was aware of the claim Mr. Lang filed with the City but had not met with Mr. Lang directly. When a formal complaint occurs, the Police Department assigns a Lieutenant or Deputy Chief to investigate the claim and interview all involved parties. The Lieutenant or Deputy Chief presents the investigation to Chief Holdemess who determines if a policy violation occurred. If there was a violation of Oregon State Law, the Oregon State Police Department investigates the criminal aspect followed by an internal investigation by the APD. In Mr. Lang's case, the officer in question left the department shortly after the alleged incident. City Attomey Richard Appicello further explained Certified City County Insurance Services (CCIS) investigated the case, denied Mr. Lang's claim and closed the file. Councilor Navickas stressed the need for strong training for officers not to respond to the person they are arresting and remain professional. Chief Holdemess responded that in his history as an officer the APD has shown more restraint than other agencies regarding arrest tactics. Councilor Voisin/Chapman arts to accept the report as presented. Roll Call Vote: Councilor Voisin, Jackson, Chapman and Navickas; YES. Motion passed.' 2. Does Council have questions regarding stairs proposal to administratively approve a r twelve month extension to the RVTD/City of Ashland Reduced Fare Program Agreement? Public Works Director Mike Faught provided the history on the fare reduction and bringing Route 5 back. The anticipation was an increase in ridership when actually a 13.82% decrease in ridership occurred. There was not sufficient data to determine the reason for low ridership. Speculation attributed the decline to the decrease in fuel costs. Feedback from riders indicated a dislike in the direction Route 5 travelled. Originally, Route 5 traveled in the opposite direction of Route 15. Since its reinstatement, it travels in the same direction as Route 15. Citizens have suggested reversing Route 5 and staffagreed. Council expressed concern on continuing the contract due to the high cost to the City and discussed removing:tlie:fare:reductiono,taeztia:muteand:u ,ngthose.funds. to:subsidize:the:fam.further Councilor Jackson/Navickas m/s to direct staff to extend the RVTD/City of Ashland Reduced Fare Program Agreement as proposed by staff and reverse Route 5 direction. DISCUSSION: Councilor Jackson was frustrated with the transit service, recognized that riders need access to the rest of the valley and that the City cannot afford to subsidize it. She would support it this year but the system needed to improve and be consistent Councilor Chapman was also frustrated and noted that two years ago the City spent $100,000 for a professional opinion on how to improve transit. . Last year RVT'D guaranteed increased frequency would result in an increase in ridership but this report countered that information. He would reluctantly support the motion and stressed the need for a solution by next year. RVTD cannot provide the service the City requires. Councilor Navickas supported the motion because of the consistency and thought there would be an eventual increase in ridership. Councilor Voisin explained ridership would change when the Transportation Plan was complete and did not support the motion. She suggested removing the loop service and using the $149,000 to support current riders. Roll Call Vote: Councilor Chapman, Jackson and Navickas, YES; Councilor Voisin, NO. Motion passed 3-1. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 252"? City Attorney Richard Appicello read the ordinance title aloud and noted a typographical error. He also read the following suggested language to Section 1. 2.50.020 Purpose: "The City shall endeavor to utilize local suppliers of materials and services whenever practical and feasible while seeking to obtain the lowest and best responsible bid, quotation or proposal." Matt Sme1111385 Cherry Lane/Referred to a letter he submitted to the record supporting hiring local businesses. The ordinance would give the City an opportunity to ensure City contracts go to local businesses. He encouraged Council to support it and thought the additional language utilizing local business was reasonable. ' Staff clarified for purchasing "stuff' and capital construction projects the City was required under y State law to take the lowest responsible bid. This ordinance applied to Personal Services Contracts only and would increase flexibility for those contracts. The primary purpose for public contracting laws is to promote open and impartial competition. httn•//w ashland nrits/Aoendaa asn9nianlav=Min11tp-gk..AMTT)=4151 7/14/9010 City of Ashland, Oregon - Agendas And Minutes Page 5 of 6 Staff explained the pre-qualified pool consisted of advertising annually for a Request for Proposal (RFP) for the pre-qualified pool. It would limit the RFP process and provide the City with several qualified vendors to initiate the biding process when needed. It costs the City approximately $7,000 for each RFP in staff time and advertising. The process can take anywhere from two to five months. It was noted that currently half of the 14 contracts established with the City were local businesses. Council and staff discussed the viability of having periodic reports on the number of Personal Service Contracts with the total dollar amounts and how many were within the Rogue Valley. A suggestion was made to reduce the limitation amounts from $75,000 to $50,000 to increase transparency. Council directed staff to delete 2.50.120 Personal Services Contracts (1) Class Exemptions. Mr. Appicello read changes to ordinance thatwould remove 250.120 Personal Services Contracts (1) Class Exemptions. Councilor ChapmadJackson m/s to approve Ordinance #3013as amended. Councilor NavickasfVoisin m/s to amend the motion to reduce the limitation on Personal Services Contracts from $75,000 to $50,000 through out the ordinance. DISCUSSION: Councilor Navickas explained the amendment would address issues with transparency and allow Council to track more contracts. Councilor Chapman supported retaining the amounts of $35,000 to $75,000 and thought transparency could be achieved through reports. Councilor Jackson would not support the amendment because of the compression. Roll Call Vote: Councilor Navickas and Voisin, YES; Councilor Chapman and Jackson, NO. Mayor Stromberg broke the tie with a NO vote. Motion denied 2-3. Roll Call on original motion: Councilor Navickas, Voisin, Chapman and Jackson, YES. _ Motion passed. 2. Should Council approve the First Reading of an ordinance titled, "An Ordinance Relating to Green Burials at City Cemeteries and Amending AMC 2.64.160"? City Attorney Richard Appicello read the ordinance title, aloud.. Maintenance Safety. Supervisor nA;ke.Mo Tison:explained:in:the:pastrvaults:were:required:in:an:effoit.to:elimhrate:potentialsissues- of soil sinking and settling. Soil settling now was a manageable concern that staff could handle without using vaults. Councilor Jackson/Navickas m/s to approve first reading and place on agenda for second reading of Ordinance. Roil Call Vote: Councilor Jackson, Navickas, Voisin and Chapman, YES. Motion passed. 3. Should Council approve First Reading of an ordinance titled, "An Ordinance Ratifying the Emergency Communications of Southern Oregon Intergovernmental Agreement and Declaring an Emergency"? City Attorney Richard Appicello read the full ordinance and the title for second reading' aloud. Clarification was made that the emergency clause was necessary in order to continue 911 services. The new agreement would go into effect before the City could have two full readings and the 30- day wait for the ordinance to go into effect Councilor Chapman/Jackson m/s to declare an emergency to enact the ordinance. Roll Can Vote: Councilor Voisin, Navickas, Jackson and Chapman, YES. Motion passed. Councilor Cbapman/Navickas m/s to approve first and second reading of Ordinance #3012. Roll Call Vote: Councilor Voisin, Navickas, Chapman and Jackson, YES. Motion passed. 4. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? City Attorney Richard Appicello read the ordinance title aloud and explained it was a companion to the Public Contracting ordinance. Councilor Chapman/Voisin m/s to approve first reading and place on agenda for second reading. Ron Call Vote: Councilor Chapman, Voisin, Navickas and Jackson, YES. Motion passed. ADJOURNMENT _ Meeting was adjourned at 10:15 pm. Barbam Christensen, City Recorder httri-//w aehlnnd nrnc/AOP.ndng a.gn911ignlav=MinntPgR,.AMTT)=4151 7/14/2010 City of Ashland, Oregon - Agendas And Minutes Page 6 of 6 John Stromberg, Mayor Printer friendly version If you have guestlons regarding be site, please contact the webmaster. Terms of Use I Built using Project A's Site-in-a-Box 02010 Ven'lon 5.127 httn•//www n0iland nr na/A aPndac asn?Dirznlav=MlnlltP.CR.AMTT)=4151 7/14/201(1 i i Y RECORDED Page 1/ 1 ~1S H LAN D DATE PO`NUMBER ' III CITY O F ,20 E MAIN ST. 7/21/2010. 09674 ASHLAND, OR 97520 (541) 488-5300 _ VENDOR: 015371 SHIP TO: Ashland Fire Department EMERGENCY COMMUNICATIONS, OF SOUTHER (541) 482-2770 400 PECH ROAD 455 SISKIYOU BLVD CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact; John Karns Special Inst: Confirming? No ,Quar(i -Unit • D'escii n Unit Price iE [°Price THIS IS A REVISED PURCHASE ORDER 911 Dispatch Services - FIRE - FY 2011 145,784.99 Intergovernmental Agreement City Council Meeting May 18, 2010 Agreement is perpetual/Will be billed quarterly SUBTOTAL 145 784.99 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 145,784.99 ASHLAND, OR 97520 Accourit;Number~., , , ;~ProJecE'Number ' .Amo: .'rQccount,Number, I. PfoJect'Nuurnber, Es': A ount W E 110.07.13.00.60410 145,784.99 i Author d Signature VENDOR COPY CITY OF ASHLAND A uques* rut a Purchase Circler REQUISITION FORM Date of Request: THIS REQUEST IS A: ❑ Change Order(existing PO # ) Required Date of Delivery/Service: Vendor Name ELSO Address P,5&11 City, State, Zip 1"h5di ox/Q 02 Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement ❑ Sole Source ❑ Invitation to Bid ❑ Less than $5,000 ❑ Written findings attached (Copies on file) , ❑ Quotes (Not required) Cooperative Procurement ❑ Request for Proposal ❑ State of OR/WA contract (Copies on file) Intermediate Procurement Other government agency contract ❑ Special 1 Exempt ❑ (3) Written Quotes ❑ Written findings attached (Copies attached) ❑ Copy of contract attached _ ❑ Emergency ❑ Contract # ❑ Written findings attached Description of SEky C~ TMAFCos ( 0/0 .70/l TbLECOr~/r~tG/ /e ATiC~S Co ~T/Z s eT n x ^ry ~l y> Nay' 9uG, sErr. 2010 5-1 '70 15~ I ❑ Per attached PROPOSAL $ r Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TO-TALrCOSTu* ❑ Per attached QUOTE ProjectNumber Account Number Z~Q- 07. /J. 0P_ ~0/41;0 Items and services must be charged to the appropriate account numbers for the financials to reflect the act ale a iture ccurately. By signing this requisition form,/ certify that theInformation provided above meets the City of Ashland public contracting requirements, and the documentation can be p id upon u st. Employee Signature: Supervisor/Dept. Head Signature: LOL G: Financ TrocedumkAPTormsl8 Requisition form revised Updated on: 218/2007