Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, October 17, 2013

                                            MEDFORD CITY COUNCIL MINUTES
 
                                                              October 17, 2013
                                                                             
 
The meeting was called to order at noon in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Councilmembers Dick Gordon, Karen Blair, Daniel Bunn, Bob Strosser, Tim Jackle, John Michaels (*left as noted) and Chris Corcoran (*left and returned as noted).
 
Mayor Gary Wheeler and Councilmember Eli Matthews were absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
Employee Recognition
Employees from the Planning, Public Works and Building Safety Departments were recognized for their years of service.
 
New Employees
Tracy Carter, Financial Support Technician – Finance Department; Maureen Doyle, Administrative Support Technician and Heather Mook, Administrative Support Technician – Fire Department; Rhonda Spires, Development Services Support Technician – Public Works Department were introduced.
 
Retirees
Russ Redfield, Parks-Building/Utility Technician in Parks & Recreation Department was recognized for his years of service.
 
20.    Approval or correction of the minutes of the October 3, 2013 regular meeting
         There being no corrections or amendments the minutes were approved as presented.
 
30.    Oral requests and communications from the audience
30.1       Councilmember Bob Strosser read the proclamation for Domestic Violence Awareness Month.
 
30.2       Jackson County Commissioner Don Skundrick, with Jackson County Commissioner Doug Breidenthal and Jackson County Senior Deputy County Administrator Harvey Bragg, addressed the Council regarding Agenda Item 60.5. He spoke to the need to have the library system self-funded as a special district and removed from the County’s General Fund.  He spoke to the formation of the district board that will govern the district.  The County will own the buildings but the District funding would provide the financial means for the libraries to be self-sufficient.  He noted that the Library Advisory Committee, the Friends of the Library group and County officials have worked to bring this proposal forward.  The Commissioners support a County-wide district being formed.  The action before the Council today will allow for the inclusion of Medford voters to vote on the establishment of the district.  If the Council does not support the inclusion of the Medford voters then the Medford library will be closed.
 
Councilmembers discussed the proposed district and use of technology in the library system.  Commissioner Breidenthal encouraged the Council support of the agenda item.
 
30.3       Maureen Swift, 516 N. Berkeley Way, Medford addressed the Council in support of the formation of the Library District.  She spoke to the need of residents to have access to the services of the public library.
 
30.4       Bernie Young, 3929 Monte Vista, Medford addressed the Council regarding the public hearing on the Economic Improvement District (EID).  He spoke to the process being used to determine a majority of support for the EID formation.  He encouraged the Council to have a different method of garnering information on support or opposition from the property owners.
 
City Attorney John Huttl noted that the public hearing will be held this evening and suggested Mr. Young provide his testimony then so that it would be part of the record.
 
30.5       Gloria Work, 3355 Old Stage Road, Central Point spoke to the Medford Library district and that the Hispanic community would like to encourage the Council to support the resolution to allow Medford voters to participate in the district formation decision.
 
*Councilmember John Michaels left the meeting.
 
30.6       Michelle Atkinson, 325 Lynwood Ave., Medford addressed the Council in support of the formation of the library district.
 
30.7       Lindsay Rinehart, 314 S. 1st Street, Talent addressed the Council regarding the banning of the medical marijuana dispensaries.  She spoke to the Federal government supporting the dispensaries in the future.  She noted she had moved to Medford to be able to obtain the medicine as it was illegal in Idaho.  She asked the Council to hold a public hearing to consider this issue.
 
30.8       Susan Dougherty, 1053 Mira Mar Ave., Medford addressed the Council regarding the formation of the library district.
 
30.9       Lynn Howe, 254 White Oak, Medford, addressed the Council and requested support of the formation of the library district.
 
30.10     Dennis Morgan, 2742 Birdseye, Central Point, addressed the Council in favor of formation of the agricultural district.
 
30.11     Audrey Eldridge, 8000 Upper Applegate Rd., Jacksonville addressed the Council in support of the formation of the agricultural district.
 
30.12     Tricia Prendergast, 1965 Dale Street, Medford addressed the Council regarding the formation of the library district.  She encouraged the Council to support placement of the issue on the ballot so that the Medford voters can vote on this issue.
 
30.13     Tim Shoeneburg, 1040 Brandi Way, Central Point, addressed the Council regarding the marijuana dispensary issue.  He stated he had applied for a business license to open a medical business and had to change the name of his business to get the business license.  He spoke to the need for the safe access point for the purchase of medical marijuana. 
 
City Manager Swanson reviewed the business license application process and that the City of Medford upholds and enforces Federal law.
 
30.14     Steve Manson, 2647 Sand Creek Road, Grants Pass, addressed the Council regarding the marijuana dispensary issue. 
 
40.    Consent calendar
40.1 COUNCIL BILL 2013-146  A resolution granting the property owners of 1828 Brookhurst Street a one-year extension to complete hazardous sidewalk repairs.
 
40.2 COUNCIL BILL 2013-147  An ordinance authorizing execution of a Prescott Park Road Use and Maintenance License Agreement with Burl Brim Excavation, Inc. for five years, with an option to renew.
 
Motion:  Adopt the consent calendar.
Moved by:  Bob Strosser                                Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Dick Gordon, Tim Jackle and Chris Corcoran voting yes.
Motion carried and the following Council bills were adopted:  2013-146 and 2013-147.
 
50.    Items removed from consent calendar
 
60.    Ordinances and resolutions
60.1 SECOND READING
COUNCIL BILL 2013-143 An ordinance authorizing execution of an Agreement between the City of Medford and the International Association of Fire Fighters Local 1431 concerning wages, benefits, and other working conditions from July 1, 2013, through June 30, 2016.
 
Motion:  Adopt the ordinance authorizing the agreement with the International Association of Fire Fighters Local 1431 concerning wages, benefits and other working conditions from July 1, 2013 through June 30, 2016.
Moved by:  Chris Corcoran               Seconded by:  Bob Strosser
 
Councilmembers spoke to protracted negotiation efforts and their concerns regarding the inability to have this group join in the larger insurance pool and potential cost savings that would occur.  Councilmember Jackle noted he would be abstaining as he was not a part of the earlier discussions.  Councilmember Blair noted she would not support the motion given the current economic situation and that this is not the right time for these increases.
 
Roll Call:  Councilmembers Chris Corcoran, Bob Strosser, Dick Gordon and Daniel Bunn voting yes.  Councilmember Karen Blair voting no. Councilmember Tim Jackle abstained.
Ordinance 2013-143 was duly adopted.
 
60.2 COUNCIL BILL 2013-148  A resolution adopting recommendations for funding General Fund Grants for the 2013-15 biennium.
 
Councilmembers spoke to the work done by the subcommittee. 
 
Motion:  Adopt the resolution adopting recommendation funding General Fund Grants for the 2013-15 biennium.
Moved by:  Bob Strosser                    Seconded by:  Daniel Bunn
 
Ed Phelan, Chair of the Subcommittee addressed the Council regarding the process and the work done by the Subcommittee. 
 
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Chris Corcoran, Tim Jackle and Dick Gordon voting yes.
Resolution 2013-148 was duly adopted.
 
60.3 COUNCIL BILL 2013-149  An ordinance authorizing execution of an Agreement with the University of Oregon in an amount not to exceed $375,000 for  the Sustainable City Year Program for academic year 2013-14.
 
Jim Huber, Planning Director provided a staff report and overview of the projects that will be addressed under this program.
 
*Councilmember Corcoran left and returned to the meeting.
 
Councilmember Blair questioned if this program was an intern program and why the City was paying for the students.  Mr.  Huber noted that it is not an intern program and that the University classes will be producing substantive products for the use of the City. 
 
Motion:  Adopt the ordinance authorizing the agreement with the University of Oregon for the Sustainable City Year Program.
Moved by:  Chris Corcoran               Seconded by:  Bob Strosser
Roll Call:  Councilmembers Chris Corcoran, Bob Strosser, Daniel Bunn, Dick Gordon and Tim Jackle voting yes.  Councilmember Karen Blair voted no.
Ordinance 2013-149 was duly adopted.
 
60.4 COUNCIL BILL 2013-150  A resolution approving the proposed Order of the Jackson County Board of Commissioners to form the Jackson County Agricultural Extension Service District.
 
Motion:  Adopt the resolution approving the proposed Order of the Jackson County Board of Commissioners to form the Jackson County Agricultural Extension Service District.
Moved by:  Chris Corcoran               Seconded by:  Daniel Bunn
 
Councilmember Gordon spoke to his concerns regarding the impact on the City with compression from the formation of the special districts.  He noted that the information presented by Jackson County does not address compression and that this is difficult to determine as it is a property by property calculation.
 
Roll Call: Councilmembers Chris Corcoran, Daniel Bunn, Karen Blair, Dick Gordon, Tim Jackle and Bob Strosser voting yes.
Resolution 2013-152 was duly adopted.
 
60.5 COUNCIL BILL 2013-151  A resolution approving the proposed Order of the Jackson County Board of Commissioners to form the Jackson County Library District.
 
Motion:  Adopt the resolution approving the proposed Order of the Jackson County Board of Commissioners to form the Jackson County Library District.
Moved by:  Bob Strosser                    Seconded by:  Daniel Bunn
 
Councilmember Bunn noted that he felt the Council will need to provide education to the public to make sure that the impacts of compression are understood.
  
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Dick Gordon, Chris Corcoran and Tim Jackle voting yes.
Resolution 2013-151 was duly adopted.
 
100. Adjournment to the evening session
At 2:00 p.m. Council President Dick Gordon adjourned the remainder of the agenda to the evening meeting.
 
 
***************************************************************
 
EVENING SESSION
 
The meeting was called to order at 7:00 p.m. in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Councilmembers Karen Blair, Daniel Bunn, Bob Strosser, Dick Gordon, John Michaels, Tim Jackle and Chris Corcoran.
 
Mayor Gary Wheeler and Councilmember Eli Matthews were absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Michaels; City Recorder Glenda Wilson.
 
110. Oral requests and communications from the audience
110.1     Brad Martinkovich, 1542 Kenyon St., Medford addressed the Council regarding actions taken by the Council to approve contract with the University of Oregon, increase of utility fees, and the medical marijuana dispensary issue.
 
 
Continued Item from Noon Agenda
 
60.6       COUNCIL BILL 2013-152  A non-emergency ordinance of the City of Medford, Oregon authorizing the execution, competitive or negotiated sale and delivery of limited tax revenue bonds, series 2013 in an aggregate principal amount not to exceed $38,155,000; designating an authorized representative of the City and delegating authority; declaring an intent to reimburse; and related matters.
 
Alison Chan, Finance Director addressed the Council and provided a staff report.  She noted that this action will authorize the sale of bonds. She noted she has been working with bond counsel and anticipates selling the bonds in early December.
 
Motion:  Adopt the ordinance authorizing the execution, competitive or negotiated sale and delivery of limited tax revenue bonds in an aggregate principal amount not to exceed $38,155,000.
Moved by:  John Michaels                Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Dick Gordon, Tim Jackle, Chris Corcoran and Bob Strosser voting yes.
Ordinance 2013-152 was duly adopted.
 
120. Public hearings
120.1  COUNCIL BILL 2013-153 A resolution approving a Substantial Amendment to the City of Medford’s 2013-14 Action Plan for use of Community Development Block Grant funds.
 
Jennifer Sparacino, Executive Support Specialist addressed the Council and provided a staff report.  She gave an overview of the proposed amendments and noted that these are recommended by the Housing and Community Development Commission.
 
Public hearing opened.
 
Councilmember Bob Strosser noted he was a board member of ACCESS and that there was no conflict and he will be voting on this issue.
 
Public hearing closed.

Motion:  Adopt the resolution authorizing the substantial amendment to the Action Plan.
Moved by:  Chris Corcoran               Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Bob Strosser, Karen Blair, Tim Jackle, Daniel Bunn and Dick Gordon voting yes.
Resolution 2013-153 was duly adopted.
 
120.2  Consider the formation of an Economic Improvement District (EID) in downtown Medford.
 
Mr. Swanson noted that Diane Raymond from the Heart of Medford Association will be presenting information and City Attorney John Huttl will provide an overview of the code language and process for this topic.  Mr. Swanson noted that Council did receive a spreadsheet listing of the properties included in the district and that the Medford Code states that if 33% or more property owners oppose the district as presented, it shall not be formed. 
 
Mr. Huttl provided an overview of the code language and process.  He noted that if the 33% objecting level is not reached, the Council can still vote to not form the district.  In addition, the Council can also change the formation boundaries of the district and the assessment amount.  He reviewed the term of the district and how a renewal of the district could be addressed.
 
Diane Raymond, Executive Director of the Heart of Medford Association addressed the Council and provided an overview of the district formation and purposes.  She reviewed the proposed budget and actions to be undertaken by the district if approved.
 
Councilmember Corcoran questioned the average charge as presented by Ms. Raymond of $250-$500 per property.  He noted based on the spreadsheet the average was $750.  Councilmember Gordon clarified that this was not a property assessment by the City.  Councilmember Jackle noted that one property owner, JR Development, who had written in opposition, was not reflected on the spreadsheet.  City Recorder Wilson confirmed the receipt of the letter from JR Development in opposition.
 
Public hearing opened.
1.  Fred Robinson, PO Box B, Medford, spoke to the Council regarding the district formation.  He noted that the Heart of Medford Association did provide outreach and while he likes the EID but objects to this form for funding.  Feels this would be burdensome to impose this assessment on property owners who may not have spaces leased out.  He noted that he felt there was confusing information regarding having to oppose in writing versus speaking at the public hearing and that the information in the letter was misleading.  He also noted he did not realize that part of the funds would be to pay for administration by Heart of Medford staff.

2.  Bernie Young, 3929 Monte Vista, Medford, addressed the Council regarding the process being undertaken to create the district.  He is in support of the district but is concerned with the process being utilized by the City.  He feels that it would be better served to have had a vote of yes or no versus having to write a letter of opposition.  He noted that most property owners would probably just throw the notification letter away without realizing what the issue was or what action they would need to take to oppose the district.  He requested that the Council reconsider their approach. 

3.  Don Denman, 1st Presbyterian Church addressed the Council in opposition of the inclusion of the church in this assessment.  He noted that the amenities being proposed would not impact the Church. 

4.  Jerry Lambo, 3145 Alameda St., Medford spoke to the Council regarding the services offered by the Presbyterian Church.  He requested that the Council exclude the church from the assessment district. 

5.  Jeff Wiencek, 115 W. Main Street, Medford addressed the Council in opposition of the district.  He noted that while he is not opposed to the concept he feels the process needs to be improved.  Does not feel that due process was observed as they did not get any information until receiving the letter from the City.  Feels assessment by square footage it is not the best way to do this. 

6.  Elaine Reisinger,  2301 Upper Applegate Rd., Jacksonville, addressed the Council regarding the process and her concerns with how this has come forward.  She had submitted her letter of opposition.  She was not contacted by the Heart of Medford Association. 

7.  Rolar Yondorf, addressed the Council regarding the formation of the district and the need for the paid administrator.  He noted that in general there has been a lot done to create momentum in the downtown and he feels that this is now the property owner’s responsibility to support the downtown.  He supports the formation of the district. 

8.  Diane Raymond, under rebuttal, addressed the Council.  She spoke to the formation of the advisory committee which was made up of downtown property owners.  She spoke to the outreach that was done.  She clarified that the budget for promotions is not for the Heart of Medford but for the downtown businesses.  

Mr. Swanson requested that if the district moves forward that the Heart of Medford Association and others continue to market the district to the affected property owners. He reported that the State Main Street Program representatives visited Medford to assess how the program is progressing.
 
Public hearing closed.

 
Councilmember Corcoran questioned what options Council could consider.  City Attorney Huttl reviewed the options.  City Recorder Wilson noted that currently there was 36% of property assessment in opposition to the formation of the district.
 
Motion:  Continue for a maximum of one year and ask the Heart of Medford Association to work with their advisory committee and staff to bring back this issue to the City Council in a future study session.
Moved by:  Chris Corcoran               Seconded by:  John Michaels
 
Councilmembers discussed the work that had been done to bring this forward to this point and concerns regarding the process. 
        
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Bob Strosser, Karen Blair, Tim Jackle and Daniel Bunn voting yes.  Councilmember Dick Gordon voted no.
Motion carried and so ordered.
 
Council President Gordon called a 10 minute recess.
***************************************************
Meeting reconvened with same persons present.
 
120.3  Consider an appeal of the Site Plan and Architectural Commission decision to approve the construction of two buildings totaling 7,895 square feet located on the southwest corner of Center Drive and Rogue Federal Way.  (AC-13-51) (Quasi-judicial, Land Use)
 
City Attorney John Huttl provided direction regarding the scope of the appeal and Council review of the matter.
 
Jim Huber, Planning Director provided a staff report.  He reviewed the purpose of the hearing and grounds of the appeal.  The appeal states two allegations of error as there was no substantial evidence to support the Site Plan & Architectural Commission decision and that the findings were inadequate. Mr. Huber reviewed the evidence in the record and noted that staff is recommending that the Site Plan & Architectural Commission decision be affirmed.
 
Councilmember Gordon reported exparte contact as he attended the Site Plan & Architectural Commission hearings on this topic but did not participate or have any discussions regarding the application.
 
Councilmembers requested clarification regarding the ownership of Center Court and Rogue Federal Way.  Councilmember Gordon questioned the 120 day rule and City Attorney Huttl noted that the Council needed to finish the public hearing process and then the applicant will decide what action to take.  He noted that the Site Plan & Architectural Commission does have the authority to regulate street access as part of the application.

 
Public hearing opened.

1.  Mark Bartholomew, 717 Murphy Road, Medford representing Rogue Federal Credit Union, addressed the Council.  He addressed the grounds of the appeal in that there is not substantial evidence to support the Site Plan & Architectural Commissions decision to allow a right out egress directly onto Rogue Federal Way and that the findings were inadequate and constitute a legal error.  
Councilmembers questioned the traffic reports from Kimberly Parducci and Lancaster.  Mr. Bartholomew noted that the Lancaster report was written in response to the Parducci report and did not provide evidence of compatibility.
 
2.  Gene Pelham, President of Rogue Federal Credit Union, 1016 Callaway Dr., Medford, addressed the Council and noted they are in support of the development but they are concerned with the right out only exit as approved.  They worked diligently with Wal-Mart and the City staff to develop a transportation system that would work for the area as part of the Wal-Mart development.  They feel the right out will create negative issues for the traffic in the area. 

3.  Scott Reiter, 7965 SW Cirrus Dr., Beaverton, representing the applicants, addressed the Council and spoke to the Parducci report.  He stated that the report is part of the evidence and that the Lancaster report provides the evidence of compatibility.  He spoke to the report from Lancaster that addresses the impacts from like facilities.  
Councilmember Jackle questioned if the Lancaster report demonstrated compatibility and Mr. Reiter stated in did in regards to traffic.
 
4.  Jay Harland, CSA Planning, 4487 Brownridge, Medford addressed the Council regarding the Lancaster report and noted that it is a rehash of the Parducci data and does not demonstrate the impact on traffic.  
Public hearing closed.
 
Motion:   Extend meeting to 11:00 p.m.
Moved by:  John Michaels                Seconded by:  Bob Strosser
Roll Call:  Councilmembers John Michaels, Bob Strosser, Dick Gordon, Chris Corcoran, Karen Blair, Daniel Bunn and Tim Jackle voting yes.
Motion carried and so ordered.
        
Motion:  Affirm the decision of the Site Plan & Architectural Commission with the revision to remove the right-out only driveway and associated median and adopt findings that there was not substantial evidence in the record to support the right-out only driveway.
Moved by: Tim Jackle                         Seconded by:  Bob Strosser
 
Councilmembers discussed the evidence in the record, including the traffic reports from Parducci and Lancaster and the lack of evidence regarding compatibility. 
 
Roll Call:  Councilmembers Tim Jackle, Bob Strosser, Karen Blair, Dick Gordon, Daniel Bunn, Chris Corcoran and John Michaels voting yes.
Resolution 2013-154 was duly adopted.
 
**Remainder of noon agenda.
 
70.    Council Business
 
80.    City Manager and other staff reports
80.1 Update on Hearts with a Mission by Kevin Lamson
                  Rescheduled for November.
 
80.2 Quarterly Financial Report by Alison Chan
Finance Director Alison Chan addressed the Council and provided an overview of the report.  She spoke to the transient lodging tax revenue which is significantly higher than anticipated this early in the fiscal year.  She noted that as this report is for the first quarter of the biennial budget, there is limited revenue and expenditures to report at this time. 
 
80.3 City Attorney John Huttl addressed the Council regarding a records request from the Mail Tribune regarding the memo given to the Council pertaining to the medical marijuana issue and requested Council concurrence to release the memo.  Councilmembers concurred.
 
90.    Propositions and remarks from the Mayor and Councilmembers
90.1 Proclamations issued:
               Extra Mile Day, November 1, 2013
               United Nations Day, October 24, 2013
               Red Ribbon Week, October 23-31, 2013
               Domestic Violence Awareness Month, October 2013
 
90.2 Further Council committee reports.
a.   Council President Gordon announced that Councilmember Tim Jackle was appointed as the Council liaison to the Landmarks & Historic Preservation Commission and the Joint Transportation Committee.  Councilmember Karen Blair was appointed as the alternate to the Landmarks & Historic Preservation Commission and Councilmember Daniel Bunn was appointed as the alternate for the Joint Transportation Committee.
 
b.   Council President Gordon spoke to an e-mail he sent to the Council regarding the Boards and Commission annual interview process.  The e-mail included an overview of the board and commission liaisons and process used in previous years.  He noted he is in favor of having all Councilmembers interview for annual appointments with the Council liaisons and board or commission chair interview for mid-term vacancies. 
        

Councilmembers discussed the various interview processes and meeting requirements to have Council interview all applicants. 
 
Council concurred to have the full Council interview for the Site Plan & Architectural Commission, Planning Commission, Landmarks & Historic Preservation Commission, Unified Appeal Board, Budget Committee and Medford Urban Renewal Agency Budget Committee.  Remaining boards and commissions would be interviewed by the Council liaisons and the chair.  Council will vote on all appointments.
 
c.   Councilmember Strosser reported on the Water Commission meeting. He noted that a future study session on the history of the Water Commission is being scheduled and the Council will be invited to attend.
 
d.   Councilmember Blair reported that she had been in contact with the citizen whose dog had been attached by pit bulls in Hawthorne Park.  She noted two of the pit bulls had been put down and the citizen was continuing to need medical care for her dog. Councilmember Blair questioned the liability of the City in these kinds of incidents and City Attorney Huttl responded that the City would not be liable.  She expressed concern regarding this issue and requested that Council look at code language that would ban “dangerous” breeds from the City or City parks.  Councilmember Michaels noted that this was discussed at the Parks & Recreation Commission meeting and he believes staff is looking into this issue.
 
e.   Councilmember Gordon reported on the editorial opinion that was sent to the Mail Tribune on the City’s legal authority to impose a public safety fee.  He noted this opinion is factually based.
                 
90.3 Further remarks from Mayor and Councilmembers.
 
130. Ordinances and resolutions
         None
        
140. Council Business
 
150. Further reports from the City Manager and staff
 
160. Propositions and remarks from the Mayor and Councilmembers
         160.1  Further Council committee reports.
                    
         160.2  Further remarks from Mayor and Councilmembers.

 
170. Adjournment
         There being no further business, the meeting adjourned at 10:55 p.m.
 
The proceedings of the City Council meeting were recorded and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office.
 
 
 
 
Glenda Wilson
City Recorder
 

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