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City Council Minutes

Minutes
Thursday, June 18, 2015

                                                                             
                     MINUTES OF THE REGULAR MEETING OF THE MEDFORD CITY COUNCIL
 
                                                                    June 18, 2015
                                                                          Noon
 
Medford City Hall, Council Chambers
411 W. 8th Street
 
The regular meeting of the Medford City Council was called to order at 12:00 noon in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; Deputy City Recorder Karen Spoonts
 
Councilmember Dick Gordon was absent.
 
Employee Recognition
The following employees from the following departments were recognized for their years of service: City Manager’s Office, Fire Department, Parks and Recreation Department; Police Department, and Public Works Department.
 
Police Chief Tim George presented a special recognition to Lieutenant Scott Clauson for excellence in re-accreditation with Oregon Accreditation Alliance, and his nomination and acceptance to the FBI National Academy in Virginia.
 
Donna Holtz, Office Administrator of the Planning Department and Sheila Giorgetti, Administrative Support Technician of the Public Works Engineering Division were introduced.
 
Retirement plaques were presented to the following employees: Troy Zigenis, Firefighter; Cheryl Adams, Planning Department Office Administrator; Monica Neimoyer, Administrative Support Technician for the Public Works Engineering Division.
 
20.     Approval or correction of the minutes of the June 4, 2015 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Judge Pat Crain, 100 S. Oakdale, addressed Council and provided information on the Jackson County Recovery Court and on those who graduate from the class.
 
         Councilmember Corcoran questioned how many years the program has been around and how successful is it; Judge Crane stated that it has been around since 2004 and talked about the success of the program.
 
40.     Consent calendar
         40.1   COUNCIL BILL 2015-59  An ordinance awarding a three-year Personal Services Contract in the amount of $250,730 to Isler CPA, LLC, to provide auditing services for the City of Medford, the Medford Urban Renewal Agency, and the Medford Water Commission; with two 3-year renewal options.
 
         40.2   COUNCIL BILL 2015-60  An ordinance authorizing execution of Intergovernmental Agreement No. 30671 with the Oregon Department of Transportation pertaining to the Hawthorne Park Pillar Art Project.
 
         40.3   COUNCIL BILL 2015-61  An ordinance authorizing execution of Intergovernmental Agreement No. 29908 with the Oregon Department of Transportation to transfer to the City the maintenance of sixteen new streetlights as part of the Highway 62 Bypass Project.
 
         40.4   COUNCIL BILL 2015-62  An ordinance awarding a contract to Knife River Materials in the amount of $1,097,000 for the purchase of asphalt concrete modified “C” mix through June 30, 2017.
 
         40.5   COUNCIL BILL 2015-63  An ordinance awarding a contract in the amount of $429,587 to Johnny Cat, Inc.; awarding a contract in the amount of $53,000 to Knife River Materials for the purchase of rock, concrete and sand-slurry used for street maintenance through June 30, 2017.
 
Motion:  Adopt consent calendar.
Moved by:  Daniel Bunn                                                           Seconded by: Eli Matthews 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  The following Council Bills were approved: #2015-59; 2015-60; 2015-61; 2015-62; 2015-63.     
 
50.     Items removed from consent calendar
         None
 
60.     Ordinances and resolutions
         60.1   COUNCIL BILL 2015-64 A resolution adopting a twelfth Supplemental Budget for the 2013-15 Biennium.
 
         Finance Director Alison Chan provided a breakdown on the supplemental Budget.
 
         Councilmember Corcoran questioned the carryover funds of the budgets and if they were contingency; Ms. Chan noted the 2015-2017 budget is based on a projected beginning fund balance which will not be substantially impacted.
 
Motion:  Approve the resolution adopting a twelfth Supplemental Budget for the 2013-15 Biennium.   
Moved by:  Daniel Bunn                                                           Seconded by: Chris Corcoran 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution #2015-64 was duly adopted.
 
         60.2   COUNCIL BILL 2015-65  An ordinance awarding a two-year contract in an amount not to exceed $250,000 to Butler Automotive Group to provide police fleet maintenance services; with one 2-year renewal option.  
 
         Police Chief Tim George provided information on the police fleet maintenance services noting that this contract will not cover warranty items. Deputy Police Chief Randy Sparacino stated that this was done through the RFP process of which there were five bidders; he stated how Butler was selected for the fleet maintenance.
 
         Councilmember Corcoran questioned why they are not using the City’s fleet maintenance; Deputy Police Chief Sparacino noted that this is less expensive. Public Works Director Cory Crebbin noted they changed their operation to handle fire apparatus and it would be very expensive to bring back the Police Department cars. He also noted that we could not compete with items such as oil changes. Councilmember Corcoran stated that they do serve the school district and requested to see the financial breakdown between outside customers and Public Works; Mr. Crebbin stated that he did not have those figures with him but would provide the information as requested.
 
Motion:  Adopt the ordinance awarding a two-year contract in an amount not to exceed $250,000 to Butler Automotive Group to provide police fleet maintenance services; with one 2-year renewal option.  
Moved by: Clay Bearnson                                                        Seconded by: Eli Matthews 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2015-65 was duly adopted.
  
         60.3   COUNCIL BILL 2015-67 A resolution of intent to appoint a City Manager.
         City Attorney Lori Cooper requested this item be tabled to the evening meeting as there was an error on the resolution.
 
         Motion:  Table the resolution of intent to appoint a City Manager to the evening meeting.   
Moved by:  Daniel Bunn                                                           Seconded by: Chris Corcoran 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution #2015-67 was duly adopted.
 
         60.4   COUNCIL BILL 2015-68  An ordinance authorizing execution of  an Agreement between the City of Medford and Teamsters Local 223 representing Water Reclamation Division Operators concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2014, through June 30, 2018.
 
Motion:  Adopt the ordinance authorizing execution of  an Agreement between the City of Medford and Teamsters Local 223 representing Water Reclamation Division Operators concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2014, through June 30, 2018.   
Moved by:  Chris Corcoran                                                      Seconded by: Michael Zarosinski 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2015-68 was duly adopted.
 
         60.5   COUNCIL BILL 2015-69  An ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional employees pertaining to wages, hours, fringe benefits, and other working conditions effective July 1, 2015.
 
Motion:  Adopt the ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional employees pertaining to wages, hours, fringe benefits, and other working conditions effective July 1, 2015.   
 
Councilmember Stine did not agree with the 2.5% increase; he provided information on the cost of living from past years. Mayor Wheeler questioned if Council would like a staff report; Councilmember Zarosinski stated he would like one. Human Resources Director Mike Snyder provided a staff report and spoke of the increases received with the bargaining units and various issues, such as compression. He stated this will help with competitiveness and compression issues. Councilmember Stine questioned the roll-up costs; Mr. Snyder noted the whole package would be 3.5%. Finance Director Alison Chan stated that it was well below 4%, it does cover roll-ups and the total amount is provided in Council’s packet.
Councilmember Zarosinski stated that he sees this as a fair way to approach the issues presented; Councilmember Bunn agreed.
 
Moved by: Michael Zarosinski                                                  Seconded by:  Chris Corcoran
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, and Zarosinski voting yes; Councilmember Stine voting no.
Ordinance #2015-69 was duly adopted.
 
70.     Council Business
         70.1   Planning Commission Vacancy
Councilmember Bunn remarked that they have many applicants and would appoint based on those that applied. Those who applied are: Robert “Bob” Bury; Bradley Christ; David Filomeo; Joe Foley; Kari Geidans; Michael Piels; Dave Culbertson, and Leif Brecke. Mr. Bunn stated he would entertain a motion from Council.
 
Motion:  Appoint Joe Foley to fill a partial-term vacancy, with term ending 1/31/2018.
Moved by:  Tim Jackle                                                             Seconded by: No second
 
Motion:  Appoint Bradley Christ to fill a partial-term vacancy, with term ending 1/31/2018.
Moved by:  Kevin Stine                                                            Seconded by: No second
 
Council requested to vote by roll call.
Bearnson: Bradley Christ
Bunn:  Joe Foley
Corcoran: Joe Foley
Jackle: Joe Foley
Matthews: Joe Foley
Stine: Bradley Christ
Zarosinski: Bradley Christ
 
Joe Foley received four votes; Bradley Christ received three votes; all others received no votes. Joe Foley was appointed to fill a partial-term vacancy, with term ending 1/31/2018.
 
Councilmember Stine stated that although the Multicultural Commission desired to have a student serve on the Commission they recommended David Filomeo, who was the only applicant.
 
Motion:  Appoint David Filomeo to serve on the partial-term vacancy, with the term ending 1/31/2018.   
Moved by:  Kevin Stine                                                            Seconded by: Clay Bearnson 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2015-68 was duly adopted.
 
         70.2   Consideration of City Manager Pro-Tem Personnel Administration Authority
Councilmember Bunn stated that they will make one motion and then there can be amendments after that.                                                                                          
 
Main Motion:  Move to delegate the Council’s HR and personnel authority to the City Manager Pro Tem for all positions except department heads.
Moved by:  Daniel Bunn                                                           Seconded by: Chris Corcoran
 
Councilmember Jackle stated that he wanted to protect the Legal Department as they serve Council.
 
Amendment #1: Move to delegate the Council’s HR and personnel authority to the City Manager Pro Tem for all positions except department heads and Legal Department staff.
Moved by: Tim Jackle                                                              Seconded by: Kevin Stine
 
Councilmember Corcoran spoke to the authority given pertaining to the termination of the Management group. He wanted more protection for those employees.
 
Amendment #2:  Move to delegate the Council’s HR and personnel authority to the City Manager Pro Tem for all positions except department heads, Legal Department staff, and termination authority for the Management group.
Moved by:  Chris Corcoran                                                      Seconded by: Clay Bearnson 
 
Councilmember Corcoran stated the difficulties with voting yes on the motion he just made; City Manager Pro Tem Bill Hoke provided information on how the process works. Council discussed the motion. Mr. Hoke stated that there are nine newly hired people that cannot start until he has the authority to hire. Mayor Wheeler read the Medford Charter and noted that the Charter is silent on hiring. City Attorney Lori Cooper provided clarification. Councilmember Corcoran was unsure of the clarification.
 
Main Motion Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Amendment #1 Roll call:  Councilmembers Bearnson, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bunn voted no.
Motion carried and so ordered.
 
Councilmember Corcoran questioned if this works for Mr. Hoke; Mr. Hoke stated that it gives him the hiring ability he needs. Councilmember Stine questioned the termination process. Mayor Wheeler noted that rarely does the City Manager initiate a termination; it usually starts at the department head level and then goes to the Human Resources Department.
        
Amendment #2 Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
 
Ms. Cooper noted that our Charter language is very broad and the intent is to make sure that there are not drastic changes while a Pro Tem is in authority; she stated that disciplinary actions would not be in a public hearing and provided information on this. Council further discussed the motion.
        
Councilmember Corcoran apologized and regretted the choice of terminology he used at the last meeting when he asked former City Manager Eric Swanson to remove himself from the dais.
 
80.     City Manager and other staff reports
         80.1   Capital Improvement Project Update Report – Brian Sjothun
Brian Sjothun, Parks & Recreation Director, reminded Council of the upcoming Parks Uncorked event, June 26 at the U.S. Cellular Community Park. He provided information on the Capital Improvement Project Summary and a projects update.
 
Councilmember Stine questioned when Hawthorne Park would be completed; Mr. Sjothun stated that it is expected to be completed by the end of July. Councilmember Stine questioned if there would be a celebration; Mr. Sjothun stated that there would be something.
 
         80.2   Further reports from City Manager
Mr. Crebbin provided information on the utility billing and stated that the Medford Water Commission (MWC) no longer turns off the water for late payment of utility fees. Staff would like the MWC to not turn the water back on if the customer has not paid for their utility fees. The letter from the Mayor would request this. Mayor Wheeler remarked that this will need to be looked at by City Attorney Cooper, therefore this item will be brought back to the evening meeting.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
         None
 
         90.2   Further Council committee reports.
                  None              
                 
         90.3   Further remarks from Mayor and Councilmembers.
                  a.   Councilmember Bearnson requested to speak to the hypocrisy of the events that transpired at the last council meeting pertaining to the firing of former City Manager Eric Swanson. He requested that when dealing with heavily gravitational issues, that we all walk the walk and not just talk the talk.
 
                  b.   Mayor Wheeler reappointed Haylie Durant and Ellie Hough to serve on the Mayor’s Youth Advisory with term beginning July 1, 2015 and ending June 30, 2016.
 
                  c.   Mayor Wheeler thanked Bill Hoke for accepting the position of Manager Pro Tem and appreciated his willingness to do that. He thanked management team for all of their efforts as well.
 
                  d.   Mayor Wheeler stated that there is an Executive Session tonight after the evening session and there will be a 6:30 p.m. Council Study Session as well.
 
100.   Adjournment to the evening session
 
 
EVENING SESSION
7:00 P.M.
 
The regular evening session of the Medford City Council was called to order at 7:00 p.m. in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
Pro Tem City Manager Bill Hoke; City Attorney Lori Cooper; Deputy City Recorder Karen Spoonts
 
Councilmember Dick Gordon was absent.
 
110.   Oral requests and communications from the audience
110.1    Troop 167 of Crater Lake Council was in the audience.      
 
60.     Ordinances and resolutions (continued from the Noon meeting)
         60.3   COUNCIL BILL 2015-67 A resolution declaring the City Council’s intention to advertise for applicants for the position of City Manager to replace Eric Swanson and requesting the Mayor to appoint a City Manager Pro Tem to serve until a new City Manager is employed.
        
         Motion:  Adopt the resolution declaring the City Council’s intention to advertise for applicants for the position of City Manager to replace Eric Swanson and requesting the Mayor to appoint a City Manager Pro Tem to serve until a new City Manager is employed
 
Councilmember Stine questioned if there were other options; Mr. Hoke noted that we could do the search ourselves vs. the option presented. If at any time we received internal applicants then that could cause a problem. The other option is do nothing but the 12 months will run out June 5, 2016 per Charter. Mayor Wheeler noted that this does not bind us to a particular option. Councilmember Bunn thought it was appropriate to work with a third party by RFP. Councilmember Corcoran noted that it is stated in the resolution that we will hire a third party. Councilmember Jackle questioned the process; Mr. Hoke provided information on the process, including the interview team(s). Mr. Hoke noted that we would probably narrow it down to three people. Ms. Cooper stated that the Charter specifically states that Council must adopt a resolution to appoint a City Manager.
 
Moved by:  Daniel Bunn                                                           Seconded by: Chris Corcoran 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution #2015-67 was duly adopted.
 
Back in sequence
 
120.   Public hearings
         120.1    COUNCIL BILL 2015-66 An ordinance vacating a portion of a public alley located between East Main Street and Euclid Avenue, approximately 295 feet east of Academy Place.  (SV-15-023) (Land use, Quasi-judicial)
 
City Attorney Lori Cooper read a statement on conducting quasi-judicial land use hearings.
 
         Planning Director Jim Huber presented the staff report stating the Council initiated the vacation on April 16, 2015 and set the public hearing. No comments or objections were received.
 
Public hearing opened.
 
         Bob Neathamer, 3126 State Street, Agent for the applicant, requested that Council adopt the ordinance.
 
Public hearing closed.
 
         Mayor Wheeler noted if we needed anything in the right of way; Mr. Huber stated that the entire vacated portion would remain an easement for public utilities.
          
Motion:  Adopt the ordinance vacating a portion of a public alley located between East Main Street and Euclid Avenue, approximately 295 feet east of Academy Place.  .   
Moved by:  Kevin Stine                                                            Seconded by: Daniel Bunn 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2015-66 was duly adopted.
 
130.   Ordinances and resolutions
        
140.   Council Business
 
150.   Further reports from the City Manager and staff
150.1    Pertaining to the letter to the Medford Water Commission, Mayor Wheeler would like Commissioners to consider, if shutting off water for non-payment, including past-due City of Medford utility fees in the amount that must be paid before water service is restored. Ms. Cooper remarked that she had asked that this be delayed at the Noon meeting to give her time to read the letter. She stated that this request is reasonable.
 
            Councilmember Stine questioned if they could only pay a portion of their utility fees; Ms. Chan noted that they are required to pay all of the fees. Mayor Wheeler stated he will sign the letter and take it to the MWC.
 
160.   Propositions and remarks from the Mayor and Councilmembers
         160.1    Further Council committee reports.
                     a.   Councilmember Corcoran attended the Parks & Recreation Commission and stated that the Friends of the Medford Parks and Recreation Awards will be coming to the July 2, 2015 City Council meeting. He also stated that a North Medford High School student is doing his Senior Project on raising money for the Fine Arts Department; there will be a benefit on July 11 at the Bear Creek Park. The Parks and Recreation Commission waived the fees for reservation but could not waive the fees for insurance.
 
         160.2    Further remarks from Mayor and Councilmembers.
 
170.   Adjournment to Executive Session
The meeting adjourned to Executive Session at 7:25 p.m. Executive Session pursuant to ORS 192.660(2)(f) to consider records that are exempt by law from public information.
 
 
 
 
Karen M. Spoonts, MMC
Deputy City Recorder
 
 

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