The URL can be used to link to this page

Agenda - 09/23/2002 AGENDA WOODBURN CITY COUNCIL ~ j,. Septemher 2~ 2002 - 7:{)() P.M. 270 N-Irontgomery Street * * Woodh~ Oregon I 1. CALL TO ORDElt AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEME TS AND APPOINTMENTS - None 4. PRESENTATIO SIPROCLAMATIONS Proclan'lation: A. Woodbu..... Fall Cleanup Month - September 11- October 12,2002 ..... 4A (Citywide ~leanup effort - October 12, 2002) 5. COMMITTEE R/EPORTS I A. B. I Chamber pf Commerce. W oodbur~ Downtown Association. 6. i COMMllliICA~ 7. BUSINESS FR~ THE PUBLIC (This .llows fl\~ publlc to introduce Items for Council conside ation not already scheduled on the agenda.) , ~ 8. CONSENT AG~@A - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of September 9, 2002 . . 0 000.000...... 8A Recommended action: Approve the Woodburn City Council minutes. B. Woodburn Recreation and Parks Board minutes of September 10, 2002 ........................ 0 . . 0 . . . . 0 . 0 0 0 . . . . . 0 .. 8B Recommended action: Accept the Woodburn Recreation and Parks Board minutes. c. Woodburn Livability Task Force minutes of July 15,2002 and August 8, 2002 .. 0 0 0 . 0 0 0 . . . 0 . 0 0 0 0 . 0 . . 0 . 0 0 0 0 . . . 0 0 0 . 0 0 0 0 . . 0 0 . 0 0 . . . 0 . . . . . . .. 8C Recommended action: Accept the Livability Task Force minutes. D. Woodb~rn Public Library Monthly Report for July 2002 ............. 8D Recomd"ended action: Receive the report. 9. TABLED BU~SS Page 1 - Council Agenda of September 23, 2002. .=~ . I , .------ I 10. GENERAL BUSINESS A. Council Bill No. 2414 - An Ordinance granting Woodburn Ambulance Service, 18<1-, a non-exclusive franchise to operate an ambulance service in t4e city of Woodburn; defining terms and conditions of said franchise; repealing Ordinance 2158; and setting an effective date..... lOA Recommended action: Adopt the ordinance. B. C. Council B~NO. 2415 - A Resolution authorizing execution of a collective bargaining greement with American Federation of State, County, and Municipal mployees (AFSCME), Local 642, effective October 1, 2002 through Ju~e 30, 2005 .......................................... lOB Recommen4ed Action: Adopt the resolution. Reject all1ds for Heritage Park access ramp ...................... 10C Recommen ed action: Reject all bids for Heritage Park Access Ramp, Schedules and B, and direct staff to devise a less costly solution to the project requiremen(s. D. Library stalfIing adjustments .................................... 10D Recommentfed action: Approve the proposed changes in Library staffing for the 2002-2003;r~calyea~ 11. PUBLIC HEARI~ A. Ambulance rate adjustments .................................... 11A Recommen(led action: Conduct public hearing, receive public input and consider adpption of Council Bill No. 241~establishing rates and charges for Ambulance Services in accordance with the franchise granted to Woodburn Ambulance Service. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. PLANNING CO~SSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None. 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND C(>UNCIL REPORTS 17. EXECUTIVE SE~SION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (l)(h). B. To review and evaluate the employment-related performance of the Page 2 - Council Agenda of September 23, 2002. I 1 n City Administrator pursuant to ORS 192.660(1)(i). C. To consider records that are exempt by law from public inspection pursuant to ORS 19~.660 (1)(1). 18. ADJOURNMENt .. Page 3 - Council Agenda of September 23, 2002. ,._.,",~~.~__._~~,,,_., . 1 ..... ,,_,~__~"_M_-' J' I w T ., l' r T 4A PROCLAMATION WOODBURN FALL CLEANUP MONTH I I September 11 - October 12, 2002 WHEREAS, th~ goal of the Woodburn Fall Cleanup Month 2002 is to bring together youth, government, busrnesses and the community to help clean up the City and share pride in Woodburn; and i i WHEREAS, al~ citizens of Woodburn play a vital role in making Woodburn a more livable place; and ! WHEREAS, th: Woodburn Livability Task Force organizes cleanup programs in the fall and spring to mak Woodburn a more livable city; and WHEREAS, th Woodburn Fall Cleanup Month 2002 will extend froin September 11 through October 12, 2 2, culminating in a citywide cleanup along the major t/wroughfares in our city on October 1 2002, and , # WHEREAS, thf! livability of the Woodburn co11l1tllf1dty will be enhanced by these efforts;. ' , ~ NOW, THE~FORE, BE IT RESOLVED THAT I, Richard Jennings, ~ayor of the City of Woodburn, Oregon, do hereby proclaim September 11 _ Octo.er 12, 2002 "Woodburn Fall Cleanup Month 2002 in the City of Woodburn, and call uPon all citizens, businesses, churches, and civic organizations to recognize that livability starts in your own front yard, to work with your friends and neighbors during the month to make Woodburn a beautiful place to live, and to take pride in your City and participate in the citywide cleanup effort on Saturday, October 12, 2002. Signed this 12th day of September, 2002. THE WOODBURN LIVABILITY TASK FORCE, WOODBURN KIWANIS, WOODeURN HIGH SCHOOL KEY CLUB, WOODBURN DOWNTOWN ASSOCIATION, AND UNITED DISPOSAL PRESENT rJfE :ANfV1JU tJ::A.t..f. C.t.r:E:AN 1J1J aCr01!,'E1( (Z 2.002. PLEASE BRING YOUR FRIENDS, FAMILY, AND NEIGHBORS TO JOIN US WHILE WE CLEAN UP WOODBU.RN'S ROADS, FIELDS, AND PUBLIC SPACES. TOGETHER LET'S MAKE WOODBURN A BETTER PLACE TO LIVE! 1\.1 here: wvvtQrnrn:ffUjk ~,Jwvt, rrvnt l.ntrp.,nu rp.,rki~ Lcrt Ti~: 8':'0 Tf) trAM 1\.1 ~t: Irp.,5k ?ic.k.-U? -- J,ritUJ 5tur~~ ,tvve5, 5fwe5, p.,m{ ~ren fvr KJe.t'vtke.r. J<efes~nts KJitt 'be ?rWi(u{. FOR MORE INFORMATION ABOUT PARTICIPATING PLEASE CONTACT KEZIA MACALISTAIRE (SO.3) 980-2478 0 EN ESPANOL,.JAVIER PERFECTO (&03) 982-&48& I r.,. rr T SA COUNCIL MEETING MINUTES SEPTEMBER 9,2002 TAPE READING 0001 DATE. COUNC COUNTY OF CHAMBERS, CITY HALL, CITY OF WOODBURN, ON, STATE OF OREGON, SEPTEMBER 9, 2002. CONVENED. e meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLLCALL. Mayor Councilor Councilor Councilor councilO~. Councilo Councilo Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: ctty Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohm1' Community Development Director Mulder, Park Director Westrick, Finance Director Gillespie, City Recorder Tennant i Mayor Jennings ~tated that Administrator Brown ii"out oftown on vacation and during his absence, Pub~ic Works Director Tiwari was appointed as Acting City Administrator. . 0063 ANNOUNCE NTS. A) Public Bea g: A public hearing on proposed ambulance rate adjustments will be held before the ity Council on Monday, September 23, 2002, at 7:00 p.m.. 0092 PRESENTATIpN: OREGON PARKS AND RECREATION ASSOCIATION. Director Westri~k introduced Jeff Munro and Frank Jagodnik who have been touring the City's parks and recreation facilities in an effort to see what resources various communities have available to their residents. Jeff Munro, aPRA President, stated that Woodburn is the 18th of 21 agencies they have been touring this year. The site visits have given him an opportunity to compare facilities and to view the different type of work agencies get involved in within their community. He also expressed his appreciation to Director Westrick and Kathy Willcox for their service as OPM Board members. Frank Jagodnik, OPRA Executive Director, stated that OPRA has 600 members representing o~er 125 agencies statewide. He stated that opRA has worked on projects such as the local government grant program through Oregon State Parks. Additionally, they work very closely with the League of Oregon Cities and Special Districts Association on any park and recreation issue. He reiterated their appreciation of having Randy Westrick and Kathy Willcox serve as OPRA Director and Treasurer respectively. Page 1 _ Council Meeting Minutes, September 9, 2002 ~_. ,....,~,'~ . - .. ._____~",.~..... '-_""" I , ~~,".._-~._.~,,- f COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING Director westric~tated that the Association supports the Land Water Conservation Fund which is the reven e source for almost one-half of the Skate Park that will soon be constructed in Se mier Park, and the local government grant program which has provided for parti . funding of Phase n of Centennial Park. He stated that the Association has w;lrked hard for parks and recreation in this state and, in his opinion, the member agencies d residents of the State are better because of the advocacy for parks and recreation for I cal governments by the Oregon Parks & Recreation Association. I i 0376 PROCLAMATI N: DAY OF REMEMBRANCE - SEPTEMBER 11 2002. Mayor Jennings re d the proclamation declaring September 11,2002 as a Day of Remembrance wi . the City in respect for those who lost their lives as a result of the terrorist attack on e USA and to honor police and fIre personnel who daily perform courageous acts to rotect the citizens in our community. Councilor McCall1.)m requested that a copy of this proclamation be given to each member of the City's Police Department and to the Woodburn Fire District. 0532 CHAMBER OF (f:OMMERCE REPORT. Alma Grijalva, reJtesenting the Chamber Board, provided the Council with information on the following upcoming Chamber events: ,.* 1) Business After lIours will be held on September 12th at Prudential Real Estate Professionals from 4:30 pm until 6:00 pm; 2) Chamber Forum will be held on September 18th in the Rose Room at the Woodburn Crossing Conference Center with the Fire Station and the Community Center bond issues as the topic of discussion; 3) this year's Youth Leadership program will consist of students from Woodburn, North Marion~ Gervais, and St. Paul; and 4) the annual Chamber auction will be held on September 2~ at the Oregon Golf Association beginning at 5:30 pm. She also stated that the Chamber is doing very well and they will be having a strategic planning session on October 2nd. She encouraged the Council to contact them on anything they would like the Chamber to consider for the upcoming year. 0665 COMMUNICATIONS: LETTER FROM WOODBURN FIRE DISTRICT. Mayor Jennings read a letter from Don Alleckson, Operations Captain, inviting the Mayor and Council to tour the Regional Fire Training facility on September 10th following the regular Board meeting which begins at 7:30 p.m.. Councilors Nichols, McCallwn, and Chadwick indicated that they would like to attend the tour. Page 2 - Council Meeting Minutes, September 9,2002 I " . T COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING 0750 CONSENT AGE A. A) approve the re ar and executive session Council minutes of August 26, 2002; B) accept the Co unity Center Planning Committee notes from the meetings of August 8 and 22, 2002; C) accept the Buil . g Activity Report for the month of August 2002; D) receive the PI . g Project Tracking Sheet dated September 5, 2002; E) receive the rt on the November 5, 2002 General Election filings; F) receive the sta report on the Mill Creek Pump Station; G) receive the sta report on the Heritage Park ADA Access Ramp; and H) receive the re rt on the Marion County Library District Feasibility Study. In regards to the t lephone poll which was done as a part of the Marion County Library District Feasibilitt Study, Councilor Figley expressed her pleasure in seeing that almost 90% of the 100 r*domly selected telephone interviews rated the Woodburn Public Library as either ood or excellent in providing library services. Mayor Jennings r quested that this item be removed from the Consent Agenda and be dealt with as a se arate item under General Business. FIGLEY/S TEZ... items A through G of the Consent Agenda be accepted as presented. Councilor Nichols stated that in the Council minu~s of August 26, 2002, page 3 (Chamber ofCO$IIlerce), the name "Cathy" Wolfer is spelled with a K and not a C. The motion passttd unanimously. 0903 PUBLIC HE~G: FRANCmSE FOR AMBULANCE SERVICE IN THE CITY OF WOODB~ Mayor Jennings declared the public hearing open at 7:16 p.m.. Finance DirectoI1 Gillespie briefly reviewed the concept of a franchise which is that the right-of-way bel~ngs to the public and for-profit organizations should not use the right-of- way without the public being compensated. This hearing pertains to a franchise for ambulance services provided by Woodburn Ambulance Service, Inc. He stated that the proposed ambulance franchise would be a non-exclusive franchise for 10 years and would require the franchisee to maintain a business office with reasonable hours within the City. It would also require the franchisee to provide 24-hour / 7 days per week responses. The proposed fee is 1 % with the first year fee to be $12,584 with the fee for each subsequent year to be updated to reflect the actual prior year gross revenues earned by the franchisee from within the city limits. Shawn Baird, r€Wresenting Woodburn Ambulance Service, Inc., stated that the company has provided a111bulance service to the Woodburn community for approximately 25 years. He has been working with the Finance Director to develop a draft ordinance that would serve the interest of all parties. He briefly reviewed their accounting practices which would provide the data necessary to determine the gross revenues subject to the 1 % fee. Page 3 - Council Meeting Minutes, September 9,2002 COUNCIL MEETING MINUTES SEPTEMBER 9,2002 TAPE READING Councilor McCall questioned Mr. Baird as to how things have changed for their firm due to changes in bulance industry. Mr. Baird stated th t the major change was in the federal Medicare program which has heavily impacted West Coast states since the reimbursement has moved from the high end for reimburse nt to the low end of reimbursement. As a result, Woodburn- Ambulance now h at least 1 paramedic responding to calls but the partner may be trained to a lesser I vel. They feel that they can still provide the same amount of care but next biggest issue ey will be facing will be looking at how many units they can adequately staff no only in Woodburn but in other areas in Marion County in which they do business. ; No one in the aUdifce commented on the proposed ambulance service. Mayor Jennings de lared the public hearing closed at 7:24 p.m.. FIGLEYINICHO S.... renew the franchise for ambulance service in the City of Woodburn with W~odburn Ambulance and direct staff to prepare an ordinance reflecting our decision similar to the draft ordinance in the agenda packet. The motion passed unanimously. 1402 F UTILITY EASEMENT: 1550N. PACIFIC IDGHWAY Safewa Retail enter. ' Staff recommende the acceptance of the water line and utility easements from Pacific Realty Association in conjunction with the Safeway Retail Center. FlGLEY/SIFUENTEZ... accept the water line easement granted by Pacific Realty Association, L.P., as described in Attachment A. The motion passed unanimously. FlGLEYINICHOLS... accept the utility easement granted by Pacific Realty Association, L.P., as described in Attachment B. The motion passed unanimously. 1440 ACCEPTANCE pF UTILITY EASEMENT: 1510 N. PACIFIC IDGHW A Y (Jehovah's Witness). Staff recommended the acceptance of a utility easement for the extension of water main and franchise utility extensions and upgrades in conjunction with the Safeway Retail Center. FIGLEY/NICHOLS... Accept the utility easement granted by Jehovah's Witness. The motion passed unanimously. 1490 MARION COUNTY LIBRARY DISTRICT FEASIBILITY STUDY. Mayor Jennings stated that he felt that the Council needed to go on record on this issue since the consultants did list three options in their report. He felt that the Council should put closure to this issue and recommended that the Council accept Option A as listed in the consultant's rtport. Page 4 - Council Meeting Minutes, September 9,2002 I .... r ".. COUNCIL MEETING MINUTES SEPTEMBER 9,2002 TAPE READING FlGLEY/SIFUE~TEZ... acknowledge the recommendations of the consultant in connection with tIt Marion County Library District Feasibility Study and go on record as supporting OptioniA which is no change. Councilor Bjel1an~ questioned if this issue has been before the Library Board and, if so, do they concur wi~ this recommendation. Director Tiwari ted that this study has been presented to the Board and they have accepted the reco endation to make no changes at this time. Councilor Figley eiterated that the public provided very positive feedback on the our Library and, even ough the City taxpayers are paying more for this service than other local jurisdictions the public seems to feel that they are getting exceptionally good service in return. : On roll call vote, the motion passed unanimously. I 1778 CITY ADMINI~TRATOR'S REPORT. Director Tiwari r~ported that the rip-rap project at the Pudding River was recently completed. This project was authorized by the Council last November, however, it took a substantial amoUlllt of time to obtain all of the necessary permits and approval process. The deadline for ~mpleting this project was September 15, 2002. *" 1959 MAYOR AND (;OUNCIL REPORTS. Councilor Chadwick stated that, after receiving some encouragement from her constituents in Ward IV, she decided to file for the Ward IV Councilor position in the November election. Councilor Sifuentez stated that she had received a complaint from a constituent that the traffic speed on Brown Street is greater than the speed limit and this individual who lives on Brown Street has offered the use of their driveway as a location for the Police Officer to park and watch for violators. The concerned resident had indicated that the problem does occur in the morning hours, however, there are more motorists speeding on that stretch of roadway in the evening hours after 6:00 p.m.. Councilor Chadwick stated that she had also received complaints about the traffic speed and the increased number of vehicles traveling on Astor Way. Mayor Jennings stated that Astor Way is a collector street and the City cannot do anything about the number of cars that travel on that street. Councilor Bjel1~d gave a brief report on the Growth Management Framework public hearing that was held before the Marion County Commissioners last week. He stated that the Commissioners had agreed to ask the State to extend the timeframe for getting an agreement between the cities on the intergovernmental agreement and to hold a workshop or series of sessions with the involved cities to explore the concerns that were raised by the cities. Page 5 - Council Meeting Minutes, September 9, 2002 . I J COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING stated that the Marion County Law Enforcement Levy publication is now available he encouraged the public to go to the Marion County website and look at this inform tion before they cast their vote on this measure. He stated that the measure is for $56 illion over a 4-year period and there are a number of items involved in the levy. His tw concerns involve the closure of the sub-station in Woodburn and the new juvenile cente . It is his understanding that the County has invested a lot of money to renovate office sp e located off of Monitor-McKee Road that was given to them for this year for the sub- . on. In regards to the juvenile center, it is also his understanding that approximately $20 ,000 of the $500,000 needed to operate this facility will be part of the levy and he is con erned that at the end of 4 years there may be some funding issues that. will need to be ad essed by the County. Councilor McCall stated that Saturday, October 12th, will be Woodburn's Fall Clean- up Day and more etails will be announced as they are developed by the Committee. 2443 Councilor Figley ~ted that Woodburn was more direct than some cities in expressing concerns relating ~ the Growth Management Framework with the County Commissioners. $he stated that communication amongst all affected agencies is of a major concern and she hoped that there will be a positive conclusion for all parties involved.'" Councilor Nichol~ requested that Willow Street be added to the list of streets that need traffic enforcemetit for speeding motorists. He suggested that the City look into the installation of spe~d bumps similar to those that are used in other communities for the purpose of slowing down the speed of traffic. Mayor Jennings stated that he would like to know what liability the City would incur if the speed bumps are installed. He also stated that portable radar guns are also available to the public for thei/r use in reporting specific cars to the Police Department who will then take appropriate action. Director Tiwari stated that the motorcycle enforcement team is doing an excellent job and, unless they are pulled back, the City will continue to see positive results within the City. Mayor Jennings stated that he could not attend the public hearing before the Commissioners, however, he is glad to hear that they are willing to continue discussing this issue. He did express concern that the Commissioners may very well do what they want to do even though the cities are not in total agreement. Councilor Bjelland reminded the Council that the Marion County Growth Management Framework is an intergovernmental agreement and, if the City does not agree with what is being proposed, then the agreement does not need to be signed by the City. Page 6 - Council Meeting Minutes, September 9, 2002 I ...., r r COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING 3070 Mayor Jennings etPressed his concern about the County's Law Enforcement levy when it includes funding r operations rather than all capital construction costs. Once the 4-year levy expires, ther will be a need to continue funding operational costs but there are no designated funds t this time to insure that funding will be available for this purpose. He suggested that thel voters look at this issue very closely before making a decision. 3224 ADJOURNME T. MCCALLUMlS The meeting adjo NTEZ... meeting be adjourned. The motion passed unanimously. ed at 7:50 p.m.. APPROVED RICHARD JENNINGS, MAYOR " ATIEST Mary Tennant, Recorder City of W ood\>urn, Oregon Page 7 - Council Meeting Minutes, September 9, 2002 .- .. .. . I I ~.. J ~ I 1 r T 8B Minutes I W oodbum Recreation apd Parks Board Regular Meeting Tuesday, September 1 O~ 2002 7:00 p.m. Council Chamber, ity Hall 1. CALL TO ORDE Chair Mittmann called the meeting to order at 7:10 p.m. 2. ROLL CALL - embers in attendance: Herb Mittmann, Chair; Richard Hammond, Vice C air; Ty Burlingham; Sharon Felix; Patricia Watts. embers absent: Frank Anderson; Rosetta Wangerin. taff present: Randy Westrick, Director uests present: Monte Graham, Marion County Soil and Water ervation District i 3. APPROVAL OFIMINUTES Ty Burlingham move4 for approval of the March 12,2002 minutes. Sharon Felix seconded the motion. The motion was approved unanimously. 4. BUSINESS FRqM THE DIRECTOR Director W estrick pr~vided the Board with an update. The Leisure Services Division has begun the fall seasonlwith a full Youth Soccer program. ;The Junior Football season last weekend with an 18-P win over Gladstone. After School Clubs are open at Lincoln and Washington Schools land the Back to School Dance Wddle School Dance hosted more than 150 participant~. The popularity of this program shows how the City needs a new community center. The Aquatic Center Will host a Teen Luau Friday night, September 13. Director Westrick reported that Skate Park construction plans and specifications are now under City review. that task should be completed this week. Design consultant purkiss- Rose RSI will incorporate City comments with the plans and specs for bidding in a couple of weeks. C<!lnstruction will begin this fall. Groundbreaking will occur late this month or early next. The Hermanson Parle ill wetland rehabilitation project approved last year will begin in October. The contractor is pushing the project as close to the rainy season as possible to ensure that plantings survive. Public Works is now reviewing plans for a floodway encroachment permit. Recreation and Parks will review to assure that the design is consistent with what the Board recommended and the Council approved. On August 26,2002, the City Council approved a $5.075 million bond. It will be repaid through future SDC's an ad valorem tax. The tax is expected to cost taxpayers 26~ per $1,000 in assessed valuation or $39 per year for a home valued at $150,000. The bond will fund a portion of a $5.9 million project. A political Action Committee has formed to r I promote the bond. Bo~d members should expect a call from the PAC to help with the campaign expected to 1:)egin in earnest on October 1,2002. The Committee is now fund raIsmg. 5. PRESENTATION - WILDLIFE HABITAT INCENTIVES PROGRAM Monte Graham from ~e Marion County Soil and Water Conservation District updated the Board on a $50,00 grant program that will help improve the City's greenways. He said that in 2000, vote approved an operating levy that allows the District to provide technical assistance to ropertyowners along riparian corridors. Much of Woodburn's greenway system qualilfies. The District and City will be working together on a plan for improving habitat in tItse areas. This plan will be "open" to what the City needs. Areas of immediate concern +re Hermanson Pond and Legion Park. I The Board will be invqlved to help develop the plan. Director Westrick said that Board meetings and workshops present ideal opportunities to work with neighbors as plans develop. Right now pIjans are very general and do not lock the City in to any specific plan of action. I Staff will update the Bbard in October as to future tasks and schedules as well as specific direction the Board m~y receive from the City Council. 6. FACILITY USE pOLICIES Over the past year, th~ Board has reviewed the proposed Facility Use Policies and has provided staff with suggested alterations. The Policies have also been reviewed by City staff who are informally using them to guide facility use. Director Westrick told the Board that since these! forms and practices have been iriIplemented, facility rentals have been easier for staff and renters. Javier Perfecto, the City's Public Information Specialist, will translate the policies and form into Spanish. Richard Hammond moved to recommend Council Approval of the Facility Use Policies. Ty Burlingham seconded the motion. The motion passed unanimously. 7. FACILITY MASTER PLAN TIME LINES Director Westrick shared the timeline for retaining a master plan consultant. Chair Mittmann said that Settlemier Park needs to be the priority. He is especially concerned that a sound plan for moving the tetmis courts, vehicle and pedestrian circulation and how all the new features such as the skate park and community center will relate to existing features. The Legion Park plan will be different because we need to work closely with the public to determine how the park should be used and developed. He said Legion needs to be opened up and both parks need tree health inventories. Herb agreed to assist with consultant interviews the week of October 28, 2002. Director Westrick said that the consultant is expected to begin working with the Board at the November 12, 2002 meeting. i T' r T 8. FUTURE BOAR1r> BUSINESS Director Westrick ask~d the Board to move the October meeting to the 15th to accommodate staff pmtticipation in the 2002 Oregon Recreation and Parks Association annual conference. St~ffwill be out oftown when the meeting is regularly scheduled. The Board agreed by 40nsensus to reschedule the meeting for October 15,2002 at 7:00 p.m. in the City COUll il Chamber at City Hall. Director Westrick sai that he expects agenda items for the upcoming meeting to include updates on the Comm 'ty Center, Skate Park, Hermanson ill project and master plans. 9. BOARD CO NTS None. i 10. ADJOURNMENfr The Board adjoumed~y unanimous consent at 7:53 p.m. , .... I r ., I 'T r T The Qity of Woodburn Livability Task Force ME1\lBERS 8e Mission Statement: "It is the missi~n of the Livability Task Force to create and promote programs that result in a cleaner communitY, where there is pride in property ownership, with a fuff range of commercial services, and with amPle recreational, cultural, and entertainment activities for aff age groups. It is the Task Force's further mission to create and promote an environment where aff residents can feel safe, wiff interaat with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community. " ! Pete McCallum Nancy Kirksey JoAnn Bjelland Mike Bergeron Jane Christoff Victoria Bellum Betty Guzman Lisa Ellsworth Woodburn Liva_~ility Task Force Meeting Minutes - July 2002 City Hall cpnference Room jl.,July 15, 2002 -7:00 pm 1. CaB to Order Meeting called to ordr in the City Hall Conference Room at 7: 10. Task Force Members: Pete McCallum: Present Jane Christoff Mike Bergeron Present Nancy A Kirksey Lisa Ellsworth Present JoAnn Bjelland Betty Guzman Present Phyllis McKean Staff: Guests: Bob Shields Javier Perfecto -" Paul Null Present Present Present Present Kezia Merwin Present D Approval of April 16, 2002 Meeting Minutes D Introductions Javier Perfecto, Community Relations Officer for the City, spoke about his job goals and how the Livability Task Force might work with him on several projects. Particularly some of the ordinance education efforts, public service announcements in Spanish, and Newsletters (Spanish and English). ill Nuisance Ordinance Review with Bob Shields and Paul NuB. Paul Null and Bob Shields both reported that the police officers are still being trained on the parameters of the noise ordinance component of the ordinance changes. Such things like dogs barking, regular noise, and amplified sound are all treated differently by the ordinance. The ordinance also deals with the matter of porta potties, and what it appropriate in certain zoned areas. The vehicular matters covered under the nuisance ordinance will be junked vehicles and related nuisances. Garbage containers were another matter that will be dealt with by the ordinance. Time limits of curbside garbage are to be addressed. Phyllis also stated that the ordinance should address the issue of freezers and remgerator stored Livability Task Force Minutes July 15, 2002 ,. Page 1 of 2 ~~,~>>_- t I T outside without locks. Bob stated that it is included, as it is a nuisance and a safety matter. Pete brought up the subject of availability of the ordinances for the public and where they should be obtained. CurrentfY copies are at the library and for a fee, can be copied at City Hall. Recognition Progra~. Next meeting will de1jermine the next round of property pride award winners. VIll. Next Meeting Date. i Set for August 6th I VII IX Adjourn The Co~ttee adjourned at 9:10 p.m. to .!" , r T Uvability Task Force Minutes July 15, 2002 .. Page 2 of 2 The cpity of Woodburn Livability Task Force MEMBERS Mission Statement: 1t is the misrsion of the Uvability Task Force to create and promote programs . - that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with a,nple recreational, cultural, and entertainment activities for aU age groups. It is the Task Force s further mission to create and promote an environment where all residents can feel safe, will inte~ct with each other, will celebrate their unique traits and cflVersity, and can share a strong and common sense of community. " i Pete McCa:lum ~~ancy Kirksey JoAnn BJeliand \f;:ke Berge~on Ja~e Chris:off Betty GJzman Lisa Ellsworth i i I W........ .....y-*iIi"7 T_k Foree Bee""-, Miaates. A...-- , 2082 Citg Hall c4....- ___ 0 August B.2H2 0 7... p- I 1. Call to Order , Meeting called to otder in the City Hall Conference Room at 7:10. Task Force Member!i: Pete McCallum Mike Bergeron Usa Ellsworth Betty Guzman Present Present Absent Present Jane Christoff Nancy A Kirksey JoAnn Bjelland Phyllis McKean Absent Present Present Present Staff: r' Kezia Merwin Present II Approval of July 15, 2002 Meeting Minutes II Introductions III Ordinance Issues. Discussing the issue of signage on the telephone poles and who is responsibility is monitoring the signs. Garage sale signs are particularly problematic. City Attorney Bob Shields and Assistant Attorney Deniece Won are working on the signage ordinance revision along with Community Development Deparbnent Head Jim Mulder. Mobile Food Vendor Issue. Discussion of the ordinance revision that relocated the vendors to industrial areas or ~reas outside of City Umits. Noise Ordinance. Police Deparbnent is training on Noise Ordinance revised parameters. An issue brought up was the problem of trash cans being left in the street for long periods Uvability Task Force Minutes August 8, 2002 .. Page 1 of 2 I I T of time, creating an unsightly situation and often a public works nuisance. Mike suggested coordinating efforts ~th United Disposal to have the trash pick up and street cleaning schedules compatibf, so as not to have trash receptacles in street when the streets are scheduled for sweeHing. IV. Project Updates. Rower Baskets. Jo most accounts are ~ , Front Street Park. Department The have been using th children visiting. n reported that most baskets have been paid for at this point and olved. One basket has been stolen from a pole this year. was recognized as a "Friend of the Park" by Parks & Recreation k still needs play structures, fencing, tables. A problem is that dogs barkdust as place to defecate and urinate -- this is a health issue for VII Recognition Progf'am. Nominations of the llast awardees were Romer Furniture in the category of business and Dorothy Johannsoti in the category of home. The need is now to idevelop a list of potential list of nominees for future awards. VIII. Next Meeting Date. Set for September 17 .. IX Adjourn. The Committee adjourned at 9:00 p.m. Uvability Task Force Minutes August 8, 2002 .. Page 2 of 2 I 'I I n 8D WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR JULY 2002 In- ouse Use: 2,055 II. INTERLlBRAty LOAN Books Loane~: 1,013 I . CqRLS: Inftate Special: I Books Borroted: 900 C~RLS: ,niState Special: III. REFERENC~ I. CIRCULATIO~ Current: 12,~62 I Ad It: Ch Idren: Woodburn 2002 778 2001 858 2000 858 1999 697 8,546 4,116 Previous: 2001 2000 1999 13,706 12,906 12,347 1003 o All Other In-State: 10 Out-Ot-State: 0 893 o All Other In-State: 6 Out-Ot-State: 1 Reterrals Other Total 73 .... 1,272 2.123 70 1,131 2,059 45 928 1,831 26 1,040 1,763 183 1/4 IV. VOLUNTEER HOURS WORKED V. LIBRARY SPONSORED PROGRAMS Adults: Children: VI. FINANCE ILL Postals Fines Lost Books Copies Rural Fee Donation Collection Fee Other TOTAL Monthly Statistics: July 2002 I , 3 10 No. Attending: No. Attending: 798 254 3.25 741 .29 98.33 86.30 370.00 0.25 40.00 160.63 - Misc. 11.390.75 - CCRLS Use Based Reimbursement 22,447.72 - Gates Foundation Grant 35,338.52 1 VII. HOLDINGS Audio Cassett~ Audio Cassett, Holiday Book y A-Holds Res~riction Camera i Compact DiSCi' Music Compact Disc Sp. Cassette Play r Circ Software Video Cassett Video Holds I Engraver . Fast Cat - 3 ks Fast Cat - 7 D Y Headphones Juvenile Gran Kit Woodburn IL Woodburn IL Out Of State Juvenile Audi Cassette Juvenile Book Juvenile-Hold Restriction Juvenile Vide Cassette Juvenile Vide Holds Juvenile Holid y Book Juvenile Holid y Juvenile Pup t Juvenile Paperback Juvenile peri~ical Juvenile Refe ence Juvenile Tote. ag Long New B04>k New Book New Periodical Pamphlet, Map Paperback Periodical Projector Puzzles/Games Reference One Hr. Reserve Circulating Software Woodburn Stats Only Woodburn Stats Only ILL TOTAL Monthly Statistics: July 2002 , 'f 2 r 1,420 34 36,879 o 4 254 85 5 59 671 1,133 2 8 1 6 9 13 2 286 18,056 16 692 140 483 7 o 10 706 247 101 280 334 298 24 2,364 6,565 6 o 2,456 98 1 1 1 73,757 r T New Adds For The Month of July: 934 VIII. PATRON LO~N TYPES Adult Reside t Adult Non-R sident Senior Resid nt Senior Non- esident Y A Resident Y A Non-Resi ent Juvenile Res dent Juvenile Non Resident Reference S aff Library Staff i Outreach Visitor , City Departnient TOTAL Monthly Statistics: July 2002 f. I 3 4,956 3,034 909 247 1,127 601 1,447 870 5 23 20 24 8 13,271 " ., '. .. .. lOA Mem() From: Date: Subject: Mayo and Council thro~ the City . 'strator~ ~ Ben espie, Finance Directo Septe her 16, 2002 \., Amb ance Franchise Ordinance To: At its September 9 meet~g the City Council conducted a public hearing to consider a franchise ordinance for ambulance Iservice in the City of Wood bum At the conclusion of the hearing the. Council directed staff to teturn an ordinance reflecting the results of the hearing. That ordinance is attached. . . , .._,~"...____~>____~w~.....................--- I t T '" 'f .. ..- COUNCIL BILL NO. 2414 ORDINANCE NO. 2324 AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON- EXCLUSIVE FRAN~E TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DE G TERMS AND CONDITIONS OF SAID FRANCmSE; REPEALING ORDIN CE 2158; DECLARING AN EMERGENCY AND SETIlNG AN EFFECTIVE DATE. I i WHEREAS, The j City of Woodburn has previously granted to Woodburn Ambulance Service, Inc. a Franchise ~o operate an ambulance service within the corporate boundaries of the City; and ! WHEREAS, 04 682.275 provides that a city may regulate ambulance services by ordinance; and ! WHEREAS, a ciJ is authorized to franchise and charge carriers providing vehicles for hire, including the services o;~ ambulance, provided said carriers meet the standards of the Marion County Ambulance Servipe Area Plan; and I WHEREAS, Th~ council determines it to be in the public's interest of health, safety, and welfure to provide for ant regulate the use of ambulance services; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: .. Section 1. Title~ This ordinance shall be known as the "Ambulance Service Franchise Ordinance". Section 2. ~ and Pur:pose. The Council declares it to be in the public's interest of health, safety and welfllre to provide for and regulate ambulance services within the City of Woodburn to: (1) Ensure effective and efficient emergency ambulance service to the citizens of Woodburn; and (2) Comply with. the provisions of the Marion County Ambulance Service Area (ASA) Plan. Pursuant to ORS 682.275, this ordinance shall not be interpreted to require less than is required of Grantee by the applicable Oregon Revised Statutes and administrative rules. Any inconsistency between the provisions of this ordinance and Oregon state law shall be governed by Oregon state law. Section 3. Definitions. The words and phrases used in this ordinance shall have the meaning Page 1 - Council Bill No. 2414 Ordinance No. 2324 __>~_...-...,..-..__~...............____"""_. t ~ w provided in ORS Chapter 682 unless specifically defmed herein to have a different meaning. Other specific defmitions inclu~: (1) "ASA Plan" - The Marion County Ambulance Service Area Plan. I (2) "City" - The Cfty of Woodburn (3) "Franchise" - t privilege granted by the City pursuant to this ordinance. i (4) "Grantee" - TIf person granted a franchise pursuant to this ordinance. Section 4. Franch se Granted. The City hereby grants unto Woodburn Ambulance Service, Inc. the franchise, right d privilege, subject to such modifications as are hereinafter set forth, to operate an ambulance se . ce within the corporate limits of the City of Woodburn, as such limits now exist or may hereaft be expanded. For the purpose of the ~hise, Grantee shall have the right to use the public streets, alleys, public ways and places of the Ci to provide emergency transportation of persons suffering from illness, injury or disability. This ranchise is not exclusive, and the City reserves the right to grant a similar use of public streets, alley~, public ways and places to any other person at any time during the period of this Franchise, provid~d said person complies with the regulations of the ASA Plan and with Oregon state law. Section 5. Franc ise Term. The rights, privilege and Franchise herein granted shall be valid for a period of ten ( 0) years following the effective date, or until expiration of any franchise or designation of service ~ea granted pursuant to the ASA*Plan, whichever occurs first. If the ten year period described her~in occurs first, the term of this franchise may be extended, by ordinance, to a subsequent date coiqciding with the expiration of any franchise granted pursuant to the ASA Plan, provided that a fmdjng is made by the City that Grantee has fully complied with the terms and provisions of this Franchise and remains in good standing in respect to any such franchise granted pursuant to the ASA Plan. Section 6. Rate, and Char~es. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn as requested and required in a prompt, efficient and effective manner; and in accordance with rates and charges made to persons receiving ambulance service as approved by the City Council by separate resolution following public notice and hearing. In determining the appropriate rates to be charged by Grantee, the City Council shall consider, but not be limited to: (1) The current and projected cost of providing such service; (2) The impacts of operating and capital needs, regulatory compliance, and technological change; Page 2 - Council Bill No. 2414 Ordinance No. 2324 I '", r T (3) The investment and rate of return required of, or earned by, the Grantee; (4) The rates charted in other cities for similar service; (5) The public interest in assuring reasonable rates to enable the Grantee to provide effective and efficient services. Section 7. Com ance with Laws Rules and Re ulations. Grantee shall at all times comply with all applicabl laws, rules and regulations of the United States of America, the State of Oregon, including all a$encies and subdivisions thereof, and the City of W oodbum, having jurisdiction over the ope~tion of ambulance services. Section 8. perforrance Bond (1) Upon the e ective date of this Franchise, Grantee shall furnish proof of the posting of a performance bond . g to City, with good and sufficient surety approved by City, in the penal sum of $50,000, c ditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition 0 this Franchise. Grantee shall pay all premiums charged for the bond, and shall keep the bond in fu force and effect at all times throughout the term of this Franchise. The bond shall contain a prov sion that it shall not be terminated or otherwise allowed to expire without 30 days prior written not~e first being given to City. The bond shall be reviewed and approved as to form by the City Atto~ey. (2) During the ~erm of this Franchise, Grantee shall file with City a duplicate copy of the bond along with written dvidence of payment of the required premiums. However, in no event shall City exercise its rights against the performance bond iMl bona fide, good faith dispute exists between City and Grant~e. Section 9. ~on of Rates and Fees. The rates provided in Section 6 hereof, and the administrative fee hereinafter provided in Section 10, may each be changed and revised, either upward or downward, after public notice and hearing before the City Council. Grantee is permitted to request a rate review and possible increases in rates annually, but the decision to grant or deny any changes in rates shall be made by the City Council only after all other provisions of this ordinance pertaining to rates and charges have been met. Section 10. Administrative Fee. For the privilege of the Franchise herein granted, and as compensation for the City's ongoing costs of monitoring the Franchisee's activities, processing rate changes and investigating citizen complaints or inquiries, the Grantee shall pay to the City, through its Finance Director, a quarterly fee of $3,146, due and payable no later than thirty (30) days following the end of each calendar quarter. The first such payment, for the fourth calendar quarter of2002, shall be due and payable no later than January 30, 2003, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each succeeding calendar quarter. Page 3 - Council Bill No. 2414 Ordinance No. 2324 1 lIl" ._~..._..............r .t ,.... This rate will be in effect until July 1,2003. The rate for each succeeding fiscal year (July 1 through June 30) will be based on the Franchisee's gross revenue derived from calls for service within the City of W oodbum' s city limits for the calendar year ended the previous December 31. The quarterly fee will be c~lcu1ated as one percent (1.0%) of the Franchisee's gross revenue earned in Woodburn divided by !bur (4). To facilitate the Ci~S ability to properly monitor this Franchise, Grantee shall furnish to the City's Finance Director, n later than May 31 st of each year, a detailed annual statement, signed by a Certified Public Accoun t, outlining the nature of Grantee's revenues and ex enditures during the preceding calendar year. Ifrequested in writing by the City, the Grantee shall~ upon provision of reasonable advance notice, permit the City's Finance Director, or designee, to e*-amine the books of the Grantee. Section 11. Ambu ance and E ui ment Re uired. All patient transporting vehicles in the City of Woodburn shall c nform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced ife Support (ALS) unit as defined by The Oregon Administrative Rules. All ALS and BLS vehicle shall maintain the minimum equipment prescribed by state law, and "as may be further required un er the ASA Plan. Grantee shall provide a minimum of two (2) operable and properly equipped S Units at all times. Section 12. ~ency Radio Communications. Grantee shall equip all vehicles and comply with all emergenpy radio communications requirements of the ASA Plan or of the Intergovernmental AgreeqIent creating the NORCOM emergency communications agency. Section 13. Levels! of Care. All ambulances answering 9-1-1 emergency calls originating in the City of Woodburn shall be ALS Level, with miniml.'ttn staffmg of one EMT -Paramedic and one EMT-Basic. Staffing shall further conform to the requirements of state law. Section 14. Insurance. Grantee shall maintain in full force and effect at its own cost and expense, during the term of the Franchise, Comprehensive General Liability Insurance in the amount of$l,OOO,ooO combined with a single limit for bodily injury, and property damage. Grantee shall provide to the Finance Director a Certificate of Insurance designating the City of Woodburn as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written notice to the City. Section 15. Business Hours. Grantee shall make available said ambulance services within the City 24 hours per day, seven days per week; and shall maintain a business office with reasonable office hours, open to the public at least five days per week, excluding holidays, within the corporate limits of the City of Woodburn. Section 16. Record of Transport Calls. Grantee shall keep for five years a written record of all transport calls received or made, setting forth the date, time, destination, nature of call, name and address ofthe patient so far as can be ascertained, the hospital or place to which the patient was taken, the name of the ambulance driver, and the names of all ambulance attendants for that Page 4 - Council Bill No. 2414 Ordinance No. 2324 ft. r,.. I" T particular call, along with the amounts o~ charges billed or collected from any such transport or service. I Section 17. Alte ative Ambulance Service. The Woodburn Fire District, NORCOM, or any other public safety 0 lcer may call an ambulance service other than the Grantee if Grantee's ambulances are otherwise! in use and unavailable. I Section 18. Tran fer of Franchise. Grantee shall not sell, assign, dispose of or transfer in any manner whatsoever y interest in this Franchise, nor the controlling company of Grantee, without prior approval b the City expressed by resolution of its City Council. Section 19. Jude ni and Hold Harmless. Grantee shall defend, indemnify, and hold the City of Woodburn, i officers, agents and employees, harmless against all liability, loss or expenses, including atto eys fees, and against all claims, actions or judgments based upon or arising out of damage 0 injury (including death) to persons or property caused by any act or omission or an act sustai ed in connection with the performance of Grantee under its Franchise. Section 20. Inte'ru tion of Service. Notwithstanding any requirements contained in the ASA Plan, in the event e City finds that failure or threatened failure of ambulance service would adversely impact the heath, safety or welfare of the residents of this city, the City Council may, after a minimum of 24 hburs notice to the Grantee, hold a public hearing and authorize another Franchisee or other persdn to provide ambulance service, whether it be on an interim emergency or longer term basis. As! a condition to this Franchise, the Grantee agrees that any real property, I facilities or equipment, lV'hich is the property of Grantee, may be used by the City to provide ambulance services duriIlg said situation, as determined by the fmdings of the City Council at the above-mentioned public!hearing. The City shall return my such property of the Grantee upon abatement of the situation which prompted City use of such property. In the event the City's ppwer and authority under this section is exercised, the usual charges for service shall prevail and Grantee shall be entitled to collect for such usual services, but shall reimburse the provider of such ambulance services for its actual costs, as determined by the City. In no event shall the City collect more in reimbursement than could have been charged by Grantee for the provision of such services. In the event that the City and Grantee are unable to agree to reasonable and proper compensation for reimbursement for such services to the City in such situation, then each party shall name an arbitrator within ten (10) days of notice thereof, and such arbitrators shall, within five (5) days thereafter, name a third arbitrator, and the award or decision of such arbitrators as to the aforesaid matters shall be deemed conclusive upon the parties hereto as to any such matters in dispute. In the event that either party hereto, or the arbitrators chosen, shall fail or neglect to comply with the terms of this arbitration agreement, then the same shall be carried into effect in the manner and as provided by ORS 36.300 through 36.365. Section 21. Ter~ination of Franchise. This Franchise may be canceled or revoked by the City in the event that Grantee shall fail to abide by the terms, conditions, and obligations set forth Page 5 - Council Bill No. 2414 Ordinance No. 2324 I "T~ T and imposed upon it herein, but such cancellation or revocation shall not be made until after thirty (30) days' written notice lS given to Grantee, and Grantee shall be afforded a hearing, if such it desires, before the City Gouncil before revocation is made, provided such hearing is requested before the expiration of tlhe 30 days. Grantee shall also have the privilege of terminating this Franchise in case the City of Woodburn shall not abide by its terms, on the same terms and conditions described above, upon satisfactory demonstration to the City Council that the City has not so abided. Section 22. Re dies Not Exclusive. All remedies under this ordinance, including termination of the Franc se, are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement f any other remedy. Remedies contained in this ordinance, including termination of the Franc . se, are not exclusive and the City reserves the right to enforce penal provision of any ordinanc and also use any remedy available at law or in equity. Failure to enforce any provision of this ord ance shall not be construed as a waiver or a breach of any other term, condition or obligation 0 this ordinance. Section 23. Eval ation of Service. Grantee shall meet with the City Administrator and other City officials and s if annually or semi-annually, as requested by the City Administrator, to evaluate the service rend red under this Franchise or review any concern as may be existing with the ambulance service. Section 24. Sever bili . The provisions of this ordinance are severable. Ifa portion of this ordinance is for any reas n held by a court of competent jurisdiction to be invalid, such decision shall not affect the validi of the remaining portions of the ordinance. Section 25. ~l of Existin~ Ordinances. Ordinance 2158 is hereby repealed on the effective date of this or . ance. Section 26. Accelltance. Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise in the form attached hereiP as Exhibit" A", and if Grantee fails to do so, this ordinance shall be void. Section 27. Emereency Clause and Effective Date. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect on October 1,2002 and shall remain in effect until modified or rescinded by ordinance of the City Council. Approved as to form:rr7. ~ ~ N. Robert Shields, City Attorney q /zo/ZooZ Date Approved: Richard Jennings, Mayor Page 6 - Council Bill No. 2414 Ordinance No. 2324 ;r I ..,. r T Passed by the Council: Submitted to the Mayor: Approved by the Mayor: Filed in the Office of the ~ecorder: I I ATIEST: Mary Tennant, ity Recorder City of W oodb , Oregon Page 7 - Council Bill No. 2414 Ordinance No. 2324 I ~. , T ~ '" l' EXHIBIT" A" ACCEPTANCE OF FRANCHISE WHEREAS, the: City of Woodburn, Oregon under date of passed Ordinance No. entitled as follows: AN ORDINANci' GRANTING WOODBURN AMBULANCE SERVICE, INC., ANON-EXCLU IVEFRANCHISETOOPERATEAN AMBULANCE SERVICE IN THE CITY 0 WOODBURN; DEFINING TERMS AND CONDITIONS 0F SAID FRANCHI E; AND REPEALING ORDINANCE 2158; DECLARING AN EMERGENCY ~ND SETTING AN EFFECTIVE DATE. I NOW, THEREFlRE' the undersigned, Woodburn Ambulance Service, Inc., the Grantee named in said Ordinanc does for itself and its successors and assigns unconditionally accept the terms, conditions and pr . visions of Ordinance No. _and agrees to be bound thereby and comply therewith. IN WITNESS ~EREOF, the Woodburn Ambulance Service, Inc. has caused this instrument to be execut~ by its officer as below subscribed this day of , 2002. . I WOODBURN AMBULjANCE SERVICE, INC. By: Printed Name: *' Title: Received by the City of Woodburn, this _ day of .2002. CITY OF WOODBURN By: Printed Name: Title: . ~...- _ I'T I ~ t t '1" r T lOB September 23, 2002 TO: FROM: SUBJECT: Hono~.cable Mayor and City Council . ~ John <to Brown, City Administrato~ r Barga~ing Agreement with Local 642, AFSCME I ! Recommendation: I i It is recommended ~e City Council adopt the attached resolution authorizing execution of a colle<ttl. 've bargaining agreement with the American Federation of State, County, and ft.1unicipal Employees, Local 642, effective October 1, 2002 through June 30, 2op5. I Background: i In April 2000, the~ty Council adopted Resolution 1582, approving an agreement with e loyees represented by the American Federation of State, County, and Muni ipal Employees (AFSCME), Local 642, effective through I September 30, 2oo2L In July 2002, AFSdvlE and the City opened bargaining for the contract year beginning October 1, 2002. Negotiations, pursuant to your guidance, were conducted in July and August, 2002. Acting as y~ur negotiator, I reached tentative agreemeI1t with AFSCME on August 22, 2002 on terms for a three-year contract. On September 19, 2002, the tentative agreement was ratified by a majority of the AFSCME membership. Discussion: Eleven articles of the agreement were opened for negotiation. The two with the greatest economic significance were salary and cost of living adjustments, and shared health care costs. Also negotiated were issues regarding union rights, hours of work, hoUdays, vacation, sick leave, premium pay, clothing and equipment, certification pay, and term of agreement. The proposed agreement addresses the majority of these items; some were withdrawn during negotiation. Salary concerns focused on maintaining salary levels that are competitive in the region and which keep pace with the cost of living. Health care concerns focused on the effect of health care cost increases on employee earnings. The other items that were negotiated reflected concerns of various groups of employees represented by AFSCME, as those concerns related to working conditions, compensation, and benefit packages. , I 1 J T I Honorable Mayor andl City Council September 23,2002 Page 2. The tentative salary agreement provides for a two percent I/marketabilityl/ adjustment for all AFSCME-represented employees, effective October 1, 2002. ~ increase is intetlded to assure Woodburn's salaries are adequate to retain existing, trained, entployees and to attract well-trained employees to vacant positions. The pro:Aosed agreement also provides for cost-of-living adjustments on October 1, 2002, ~003, and 2004. Adjustments will be based on the Portland CPI(W). The increa~e for 2002 is 1.3 percent. The parties also agreed to execute a side letter of agreen)ent, obligating City and AFSCME to meet one year prior to expiration of agree~ent to discuss feasibility of conducting updated joint compensation/ clas~ification study. With respect to he~ care, the parties agreed to divide for the term of the agreement the cost ~f health care cost increases equally, effective July 1, 2002. Because three montfts will have lapsed between July cost increases and the effective date of theJ proposed contract, employees will receive a one-time reimbursement for .p.ealth care costs paid during the period that will now be the city's responsibility, Other changes refl~ted in the attached bargaining agreement are: ARTICLE 2 - UNION RIGHTS r;" Article 2.2 - Change steward/chief steward status from three designated areas and a chief to four at-large stewards, one of whom acts as chief. Article 2.1 - The City will distribute separately addressed information provided by union to employees, through city interoffice routing. ARTICLE 4 - HOURS OF WORK Article 4.4 - The City will provide an operational reason for not allowing flexible work schedule. Refusals are not grievable but may be subject to review by the City Administrator. Regardless, City reserves all management rights related to scheduling employee work hours. ARTICLE 6 - VACATION Article 6.0 - A longevity incentive of one extra day of vacation per year from year 20, to a maximum of 25 days after year 24, is added. i r r T i Honorable Mayor and hty Council September 23, 2002 Page 3. Article 6.1- The req~irement for 30-day advance request for vacation time is eliminated. . Article 6.4 _ EmploYfes may use accrued vacation leave or compensatory time off if they are unabl~ to report to work due to inclement weather. I ARTICLE 15 - CLO'fmNG AND EQUIPMENT i Article 15.1 _ prot~e clothing and safety equipment will be provided pursuant to applicable laws d regulations, based on a review performed by the Oty's insurance carrier. . y items that are required shall be provided. ARTICLE 22 - CERtmCATION PAY I Article 22.2 - A lan~' age incentive of 2.5 percent will be provided to employees who pass both oral d written language exams. The incentive is extended to incumbents as of 9 30/02 without further testing. An incentive of 3.5 percent will be provided to pesignated proofreaders. Designations will be in writing by the City Administr4tor, and ongoing unless a need for services ceases to exist. If the need for such services ceases, City Administrator.shall have right to revoke. Reasons for revocation shall be discussed with the Union prior to implementation. # ARTICLE 24 - TERM OF AGREEMENT Article 24.1 Term effective from October 1, 2002 to June 30, 2005. The attached contr~ct (Exhibit 1) formalizes the terms upon which tentative agreement was reached, and is respectfully recommended for approval by the City Council. Financial Impact: Employee salaries, pursuant to the attached agreement will increase by a total of $62,562 (3.3 %) in 2002-03. This incorporates the marketability adjustment of $33,330 and a COLA of $29,232. Health insurance cost increases, including one- time reimbursement payments for July, August and September 2002 total $28,392. The total cost of these items for 2002-03 is approximately $91,000. JCB ... I. f"" T .<t- --...- I " r r COUNCIL BILL NO. 2415 RESOLUTION NO. 1697 A RESOLUTION ~UTHORIZING EXECUTION OF A COLLECTIVE BARGAINING A*EEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY, AND ICIP AL EMPLOYEES (AFSCME) LOCAL 642 EFFECTIVE OCT BER 1, 2002 THROUGH JUNE 30, 2005. i WHEREAS, the PutPose of said labor negotiations is to reach an agreement on matters relating to ""ages, hours, working conditions, and fringe benefits for certain represented I employees, and WHEREAS, the C*. and AFSCME have bargained n good faith and . understanding of e personnel, financial, and organizational impacts related to said agreement, no therefore, THE CITY OF WqODBURN RESOLVES AS FOLLOWS: Section 1. That theiMayor and the City Administrator are authorized to execute, and the City Adm4ustrator is authorized to administer, on behalf of the Oty of Woodburn, the "Cbllective Bargaining Agreement" with AFSCME Local 642 attached and incorporated as Exhibit 1 to this resolu#on. ;# Approved as to fotm: City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATIEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL lULL NO. 2415 RESOLUTION NO. 1697 '''. I I ~ J T ., Tl" ~ ,.- Exhibit 1 DRAFT 0//0/<12- PREAMBLE This Agreement i~ entered into between the City of Woodburn, Oregon, hereinafter referred to as the City, an~ the City of Woodburn Local 642, American Federation of State, County, and Municipal ErplOyees AFL-CIO, hereinafter referred to as the Union. The purpose I of this Agreement is to s1 forth the entire Agreement between the parties on matters relating to i wages, hours, working c<tditions, and fringe benefits. I ARTICLE I - RECOGNITION i 1.1 INCLUDED POfITIONS: The City ~ecognizes the Union as the sole and exclusive bargaining agent for full. time and part-ti~ (regularly scheduled to work 20 hours per week or more) employees in the bargaining wiit with respect to matters relating to wages, hours, and working conditions. App~ndix A, attached hereto and by r~erence incorporated herein, is a listing of all bargaining:unit employees. Supervisory employees and confidential employees as governed by Statle statute, irregular part-time employees regularly scheduled to work less than twenty (20)hours per week (except in circumstances that they must replace full-time and part-time employees on a temporary basis), seasonal and special projects employees, who shall not be employed by the City for more than nine (9) months in any calendar year, and persons hired for a limited period oftime for training funded in whole or in part, by the state, federal, or other governmental unit are specifically excluded. 1.2 NEW POSITIONS: In the event the City creates a new classification or revises a current classification which would place the classification in the bargaining unit, the Union will be notified of Page 41 - Agreement between City of Woodburn and AFSCME - I .,." T such classification before any employees are hired in such new classification. If the Union agrees with the salary range, it shall so notify the City within fifteen (15) days. If the Union disagreeS with the proposed salary range, the Union shall notify the City within fifteen (15) days id writing if it wishes to discuss the wage or other conditions of I employment for th~ classification, and an additional fifteen (15) days in which to commence discus40n on the issue. If the parti~s are not in agreement over the proposed salary range or other issues, the City may fill tlie position with its proposed salary rate serving as a provisional salary rate until the abov~-described discussions have resulted in an agreement on the issue. If the parties subseq4ently agree upon a salary rate that is different than the initial City- proposed rate, suc. agreed-upon rate shall be retroactive to the date that the position was filled. 1.3 TRANSITORY ~ROVISION: *'" The City and the lInion agree that the position listed in Appendix C may be eligible for representation under state statutes if either occurs: Should cwrent incumbent leave position, position would become a position of the bargaining unit upon being filled by a new employee; or The current incumbent may elect to become represented or continue to remain non-represented. ARTICLE 2 - UNION RIGHTS 2.1 FAIR SHARE: 1. The City agrees to deduct the uniformly required Union membership dues and other authorized fees or assessments once each month from the pay ofthose Page 41 - Agreement between City of Woodburn and AFSCME t 'T r T employee~ who have authorized such deductions in writing. Except as provided in the follqwing, an amount equal to the prorata share of the bona fide cost to the Union of representation of the unit, as certified by the Union to the City, the fair share amo~t will be deducted from the pay of employees in the bargaining unit I I who have ~ot provided the City with such authorization, with such amount to be deducted frirty (30) days after their date ofbire. Such fair share amount shall not exceed th~ amount of Union dues. The amounts so deducted, both fair share and Union du+s, shall be remitted on a monthly basis to the local treasurer, as designate~ by the Union, with a list of the employees subject to the deduction. 1. nte City agrees to deliver all notices through its internal routing system to fair share Ipayers when requested by the union to do so. Said notices will be deliveredlto the City, addressed to each individual fair share payer. 2. The provjsions of Section 1 hereof shall not apply if an employee objects in writing to the City, based on such employee's membership in a bona fide church or religious group whose tenets or teachings are contrary to such payment. The City will provide the Union with a copy of any such letter within five (5) days of its receipt. In such instances, the employee shall authorize a deduction from his or her pay which is equal to the fair share amount. Such payroll deduction shall be in addition to any previously established deduction and shall be for the United Fund or other mutually satisfactory charitable organization as agreed to between the employee and the Union. 1. For the purpose of calculating months to determine the beginning or end of the Page 41 - Agreement between City of Wood bum and AFSCME '_f I 1 ~ T payroll deductions called for in Sections 1 or 2 of this Article, dues or like amounts slb.all be deducted for any calendar month during which the employee works ten (10) days or more. 2. The Unio~ will indemnify, defend and hold the City harmless against any claim ! made and ~gainst any suit instituted against the City as a result of any City action i taken pur*ant to the provisions of this Article. The Union and the City each agree to r~mburse any monies paid or not paid in error within thirty (30) days of notificatio~ of such error. i 2.2 BUSINESS REP~SENTATIVES: I Upon reas~nable notice and proper introduction, official Union representatives I may be allowed aj:;cess to work areas. Such visits shall be confined to rest periods and lunch periods. At no time shall visits cause an interruption of work. The Union shall provide the City With an updated list of authorize~presentatives, who shall number no more than two at anyone time. 2.3 STEWARDS: The Union shall appoint four stewards, one of whom shall serve as Chief Steward. The Union shall provide the City with timely written notification of all steward appointments. All meetings held with City management pursuant to Steps I through IV of the Grievance Procedure (Article 16) hereof, shall include the grievant and/or a union representative of the Union's choosing. Stewards who attend meetings with City representatives pursuant to the above shall suffer no lqss of regular pay as a result of such attendance. The City shall, however, Page 41 - Agreement between City of Wood bum and AFSCME I 'f r T be under no obligation to hold such meetings during the paid time of the stewards and other employees altending same. Except as provided above, all time taken off by stewards shall be without pay. It shall be the responsibility of each individual employee to provide reasonable advance notice to ~iS or her immediate supervisor when time away from the job will be required under thi~ section. ! Union Bu~iness Agents may attend meetings held pursuant to any step of the I I Grievance proc+e, provided the City has received reasonable advance notice of such attendance. 2.4 BULLETIN BOFS: In accor~ce with past practice, the Union will be allowed use of adequate space on designated Ci1jy bulletin boards to post information regarding Union business. Specifically, sue>> notices will include information"hbout time and place of meeting, Union social and,charitable activities, and posting of official Union publications. 2.5 CONTRACT RENEWAL: The UniQIl'S negotiation team, to be comprised of no more than three on-duty employees, shall be permitted to attend negotiating sessions with the City without loss of their regular pay relative to securing contract renewal; provided, however, that such release from duty time shall not exceed an aggregate of ninety (90) working hours. It shall be the responsibility of each individual employee to provide reasonable advance notice to his or her immediate supervisor when time away from the job will be required under tJris section. 2.6 CONTRACT PRINTING AND DISTRIBUTION: Page 41 - Agreement between City of Wood bum and AFSCME _'""..... ..... ~'"~_.....r I .,.~ T The City shall, at no cost to the Union, provide the Union with the original copy of this Agreement. The Union shall provide at its cost a copy of this Agreement to each current employee, and the City shall provide at its cost a copy of this Agreement to each employee who is hted during the term of this Agreement. M}TICLE 3 - NON-DISCRIMINATION This Agreerent shall apply equally to all members of the bargaining unit, regardless of race, ~ex, age, creed, color, national origin, or political affiliation. The Union and the Ci~ shall equally share the responsibility for upholding this provision of the Agreement. However, it is recognized that both state and federal law provide the means for resolution of disct1mination questions. Therefore, a claimed violation of the provisions of this Article sh~ not serve as the basis for a claim of a violation of this Agreement. : ARTICLE 4 - HOURS OF WORK 4.1 GENERAL PROVISIONS: A full-time employee's work week shall consist of five (5) consecutive work days, not necessarily Monday through Friday, followed by two (2) consecutive days off. . A full-time employee's regular workday shall be eight (8) consecutive hours except for an unpaid lunch period. Full-time employees' work schedules showing workdays, shift assignments, and work hours will be posted fourteen (14) days in advance by the City on bulletin boards available to affected employees. Except in an emergency or in such instances that a shift position is vacant due to a circumstance outside the control of the City, such as illness on a temporary basis, established work schedules will not be changed without fourteen (14) days written notice Page 41 - Agreement between City of Woodburn and AFSCME t r r T to the affected full~time employees. For the prutposes of this Agreement, emergency shall be defined as the performance of CiJty functions or services necessary to protect or reserve the lives, safety, health, or prope~ of the citizens of W oodbum threatened by unusual or unforeseen I circumstances. Nothing i~ this Article or any part of this Agreement shall be construed as a guarantee of hour~ of work. 4.2 WORK DAY Al'fD WORK SIDFf ROTATION: When a c~ange in the assigned work day schedule or change in shift occurs, the provisions of 4.1 ~hall not apply. Such rota1ion shall not normally occur more than once each four weeks. In such instances, ove~e shall not be required unless it is required under Article 9 of this Agreement. ..,. 4.3 SHIFf ASSIGNMENTS: Exceptint probationary employees, who may be assigned to work any shift, the City shall do one of the following within each operational area: 1. Allow employees within a given classification and job assignment to select their shift assignment based upon seniority with the most senior employee to select his or her desired shift first; or 2. Provide for a rotation of shift assignments whereby all employees within a given classification and job assignment serve an equal amount of time on each of the available shifts or work schedules. 4.4 WORK SCHEDULE FLEXIBILITY: Page 41 - Agreement between City of Wood bum and AFSCME f I T It is not the intention of this Article to prevent the City and an individual employee from mutually agreeing to alternative work schedule(s). Such alternative work schedule may be initiated by either the City or an employee(s), but must be reduced to writing before it is fmPlemented. In the event an employee requested flexible work i schedule is denie~emP1oYee shall be provided the operational reason for such a refusal by the Dep ent head. Refusals of flexible scheduling by the Department Head I are not grievable bft may be subject to review by the City Administrator. In all cases, the City reserves any fd all management rights related to scheduling employee work hours, or any other rights !that may be applicable under this article. An alternative work schedule shall conform to ~e requirements of the Fair Labor Standards Act but may be at variance with the provisionp of 4.1,4.2, and 4.3 of this Article and may also, notwithstanding the provisions of 9.1, ~low an employee to agree to a work schedule that includes more than eight (8) hours of paily work without overtime pa~ 4.5 PART-TIME El\JPLOYEES: Part-time ~mployees are included under the provisions of this Article as it is applicable to theit work assignments. ARTICLE 5 - HOLIDAYS 5.1 HOLIDAYS OBSERVED: Employees shall receive the following paid holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents Day Third Monday in February Page 41 - Agreement between City of W oodbum and AFSCME t 'f r T Memorial Day Last Monday in May Fourth of July July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Da~ I Day after Thanks~ving Day I Fourth Thursday in November Friday after the fourth Thursday of November Christmas Eve The last half of the shift on December 24 Christmas Day December 25 After completion of six (6) months of continuous service, each employee shall be entitled to one (q floating holiday with pay during each fiscal year. The floating holiday shall be taken at tPe option of the employee, subject to the operating requirements of the City operations. Part-time employees shall earn pro rata holiday benefits based on the relationship of th~ir regularly scheduled work week bears to that of a full-time employee. 5.2 HOLIDAY PA'\t: In order t~ qualify for holiday pay, an employee must have been employed at least thirty (30) days and must have worked the last scheduled work day before and the first scheduled work day after the holiday or have been on authorized leave with pay. If an employee's scheduled day off falls on such holiday, he or she shall be granted a postponed holiday with pay to be taken at the mutual convenience of the employee and tlw City. If the employee is on authorized vacation or sick leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Page 41 - Agreement between City of Wood bum and AFSCME . I I .. ~ T Eligible employees shall receive one day's pay for each of the holidays listed above on which thby perform no work. Employees required to work on a recognized holiday shall be compensated in cash for all hours worked on the holiday and one-and- one-halftimes (1- t/2) times the established straight-time rate, in addition to their regular i holiday pay. In li1u of holiday premium pay, the city and an employee may agree to an I I alternative day o~with pay. Such agreement shall be in written form and executed prior to the holiday. I 5.3 WEEKEND HO~IDA YS: Wheneveria holiday falls on Sunday, the following Monday shall be observed as i the holiday. Whe~ever a holiday falls on Saturday, the previous Friday shall be observed as the holiday. ARTICLE 6 - VACATION 6.1 ACCRUAL: , Full-time employ~s shall accrue working days of vacation per calendar year outlined here: Upon completion of probation 40 hours or 5 days Maximum Years of Service Per Month Davs per Year Accmal 6 mos through 5 06.67 hours 10 160 hours 6 through 10 10.00 hours 15 240 hours 11 10.67 hours 16 256 hours 12 11.33 hours 17 272 hours 13 12.00 hours 18 288 hours 14 12.67 hours 19 304 hours 15 through 19 13.33 hours 20 320 hours 20 14.00 hours 21 328 hours 21 14.67 hours 22 336 hours 22 15.33 hours 23 344 hours 23 16.00 hours 24 352 hours 24 16.67 hours 25 360 hours Accrued vacation shall be credited as earned vacation for each full calendar month Page 41 - Agreement between City of W oodbum and AFSCME I r'r r T of service, in accordance with the above, except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee comple~ed the first six (6) months of continuous service. An employee's earned but unused vacation credits shall not be allowed to accumulate beyo~d double his or her annual accrual rate. In the event that the employee will exceed the ~p within the following 90 days, the employer shall notify the employee. The employee s~l then have the opportunity to schedule vacation so as not to exceed the cap. Vacatioqs already scheduled and approved shall not be counted against the cap, ! I provided that suc~ scheduled vacation shall be utilized prior to the March 30 immediately subsequent the d~te employee would have otherwise exceeded the cap. The City may initiate a mandatory vacation of sufficient duration to reduce unused vacation below the maximum allow,,"ble accumulation. Part-time employees shall earn prorata vacation benefits based upon the relationship their regularl)"'Schedule work week bears to that of a full-time employee. 6.2 UTILIZATION: During the month of April of each year, the City shall circulate within each department or division, as applicable, a sign-up register. Such register shall be circulated to employees in the order of their seniority, beginning with the most senior employee. At the time such vacation sign-up register is circulated, each employee shall have the opportunity to designate one uninterrupted period for vacation within those parts of the upcoming fiscal year when utilization of vacation will be allowed. Following the circulation of the vacation sign-up register, each employee may schedule any remaining accrued vacation on a first-bid basis; that is, the first employee to request vacation for a Page 41 - Agreement between City of W oodbum and AFSCME I 1" T period when the utilization of vacation is allowed shall, subject to operational needs of the City, be allow~d to utilize vacation. The foregoing shall not preclude the possibility of several employees within a given department fr division, as applicable, being allowed to take vacation at the same time, nor shall it ~eclude the possibility of denying requested vacation to an employee or i several employee~ while other employees are allowed to take vacation when such denial I of vacation is due ~o operational requirements that do not uniformly affect all employe~s in the given deparfent or division. , I Nothing in this article prepludes the granting of vacation outside of the bid process, at any time, so long as such approval ~oes not provide operational difficulties for the department or division. 6.3 INCLEMENT CO*ITIONS In the event incleIflent conditions exist to the extel\t.that the employee cannot safely travel to the work site, and nei~er the City nor the employee can determine an alternative method of transportation, the employee may use accrued vacation leave or compensatory time to cover their absence. 6.4 TERMINATION: Upon the termination of a regular employee, he or she shall be paid for all unused vacation at his or her current rate of pay. In case of death, compensation for accrued vacation leave shall be paid in the same manner the salary due the decedent is paid. Page 41 - Agreement between City of Wood bum and AFSCME t 'f 11 T ARTICLE 7 - SICK LEAVE 7.1 ACCRUAL: Full-time ~mployees shall accrue sick leave at the rate of one eight-hour (8-hour) day for each full falendar month of service from the first month of employment to a maximum of onelhundred twenty (120) eight-hour (8-hour) days. Part-time employees ! shall accrue pro1ta sick leave benefits based on the relationship their regularly scheduled work week bears: to that of a full-time employee. Accrued but unused sick leave shall not be compens~ed upon termination or death. 7.2 UTILIZATION: 1. Disability: If ~y employee is unable to work his or her regularly scheduled work days by reason of illn~ss or injury, accrued sick leave shall be applied subject to the following limitations: a. Secondary Employment: Unless the employee has notified the City in advance and received approval, sick leave benefits shall not be allowed when an employee is working for another employer, or otherwise engaged in an activity for profit during the perio~of disability. b. Industrial Accidents: If the employee is or should be eligible for Workers' Compensation time-loss benefits, sick leave shall not be available. c. Doctor's Certification: If the employee is absent for more than three (3) calendar days, sick leave benefits shall not be allowed after the third calendar day unless a physician's statement is submitted upon return to work or unless alternative arrangements satisfactory to the City have been made on or before the third day of the absence. Page 41 - Agreement between City of W oodbum and AFSCME . I T" T If the City has reason to believe that an employee may have been abusing sick leave, it may, by prior written notification to that employee, require a physician's certification of illness for absences of three (3) days or Iless as a condition of receipt of sick leave benefits. In addition, a physician's certification of fitness to return to work m*y be required if there is some reason to question the employee's fitness to ~rform his or her assigned duties. i 1. Family I1Ihess: When an employee must be away from the job because of a serious illness in the immediate family, such time off shall be granted by the Department Head andlcharged against sick leave time. Immediate family is defined as: husband, Wife, mother, father, son, daughter, brother, sister, father-in-law, mother- in-law, gr1andparents, or other relative living in the employee's household. In addition, the case for a newborn child duriag the first seven (7) calendar days following the date of birth or adoption up to the age of five (5) shall qualify as family ilU1ess for purposes of this section. 2. Medical Appointments: When an employee must be away from the job because of - an appointment with a licensed physician or dentist, such leave, provided it was requested and approved in advance, may be approved and charged to nearest one- quarter (114) hour to the employee's sick leave account. 7.3 LIMITATIONS: 1. New Employees: Sick leave shall not be available for utilization until after the first ninety (90) days of employment have been completed. 2. Notification: The employee shall notify his or her immediate supervisor in Page 41 - Agreement between City of Wood bum and AFSCME I ~'I' r T accordanc~ with procedures that may be established by such supervisor of the need for si~k leave as soon as possible after his or her knowledge of the need. If 3. the employee fails to notify his or her supervisor in a timely manner, it shall be cause for 1enial of sick leave benefits. Abuse: Th~ abuse of sick leave shall be cause for disciplinary action. I Extended ~llnesses: Sick leave shall not be allowed after the first ninety (90) calendar d~YS of any illness, as the City's long-term disability plan provides income pr~tection in such circumstances. After the employee has returned to i I work foll~ng an absence of more than ninety (90) calendar days, any accrued but unused sick leave shall be available for utilization for subsequent disabilities. 4. ARTICLE 8 - FRINGE BENEFITS 8.1 LONG-TERM qISABILITY INSURANCE: #f' The city shall pay the cost of long-term disability coverage that insures sixty percent (60%) of the fIrst $2,500 monthly base salary for an employee disabled due to injury or illness. This coverage shall provide protection when ninety (90) calendar days have elapsed from the time of injury or illness. 8.2 MEDICAL/DENTAL INSURANCE: 1. The City shall continue to provide the existing or a substantially equivalent medical and dental insurance for all employees and enrolled dependents through June 30, 2002. Effective July 1, 2002, the City will increase their monthly contribution toward the existing or a substantially equivalent medical and dental insurance premiums for all enrolled dependents by an amount not to exceed fifty Page 41 - Agreement between City of W oodbum and AFSCME I T ~ T percent (50%) of the insurance premium increase for each category (Employee only, Emplpyee plus one dependent, Employee plus two or more dependents) based on tIie medical and dental plan selected by the employee. The maximum monthly c$tribution increase will be based on the EBS Trust Plan V PPP $100 deductible medical plan and EBS Trust Dental Plan .IDuring the month of October 20p2, the City will issue a check, less applicable taxes, to employees participati~g in the health insurance program that would reimburse them for the I amount alrfady paid through payi'oll deduction that would normally have been ; paid by the! City based on the City's new contribution rate. If the medical and dental insutance monthly premiums are greater than the City's contribution. The monthly pcpmium costs paid by the employee will be either a pre-tax deduction or an after-taX deduction, at the option of the employee. Effective July 1,2003, the City wil!,.increase their monthly contribution toward the existing or substantially equivalent medical and dental insurance premiums for all employees and enrolled dependents by an amount not to exceed fifty percent (50%) of the insurance premium increase for each category (Employee only, Employee plus one dependent, Employee plus two or more dependents) based on the medical and dental plan selected by the employee. The maximum monthly contribution increase will be based on the EBS Trust Plan V PPP $100 deductible medical plan and EBS Trust Dental Plan n. The monthly premium costs paid by the employee will be either a pre-tax deduction or an after- tax payroll deduction, at the option of the employee. Effective July 1,2004, the City will increase their monthly contribution Page 41 - Agreement between City of Wood bum and AFSCME I 'f" I n T toward the!existing or substantially equivalent medical and dental insurance premiums for all employees and enrolled dependents by an amount not to exceed fifty percept (50%) of the insurance premium increase for each category I (Employe~ only, Employee plus one dependent, Employee plus two or more dependenUl) based on the medical and dental plan selected by the employee. The maximum ~onthly contribution increase will be based on the EBS Trust Plan V PPP $1 00 ~eductible medical plan and EBS Trust Dental Plan II. The monthly premium cpsts paid by the employee will be either a pre-tax deduction or an after- tax payroll I deduction, at the option of the employee. As ~f June I, 2000, the City amended its contract with the EBS Trust to include vi~on coverage for all employees and their enrolled dependents. Employee~ in the health insurance program are required to participate and the monthly premium cost for such coverage will be borne solely by the employee either as a pre-tax payroll deduction or an after-tax payroll deduction, at the option of the employee. 8.3 LIFE INSURANCE: For the duration of this Agreement, the City shall provide the following: (1) A $10,000 24-hour life policy. (2) A $10,000 accidental death and dismemberment policy. A $1,000 double-indemnity accidental death and dismemberment policy. 8.4 WORKERS' COMPENSATION Pursuant t9 applicable law, the City shall continue to provide coverage under the Workers' Compensation plan for job-connected injuries or disabilities. Page 41 - Agreement between City of Woodburn and AFSCME , IT. T In the event an employee suffers an injury while on the job with the City for which he or she is eligible for time-l~ss benefits, such employee shall continue to receive the medical, dental, long-term ~lisability, and life insurance benefits provided for herein for the first I I ninety (90) days or such injury. I 8.5 RETIREMENT I I I I For the duration 1fthis Agreement, the City shall continue the current retirement plan under the Public EmpIOytes Retirement System (PERS). ARTICLE9-PREM~PAY 9.1 OVERTIME Employees tequired by the City to work beyond eight (8) hours in any twenty-four- , hour (24 hour) Pttiod beginning at 12:01 a.m., or more than forty (40) hours per week, shall receive ovdtime compensation. In no case ~all overtime be paid twice for the same hours. Overtime shall be computed to the nearest quarter-hour (~hour). Overtime pay shall be based on the actual number of hours on duty per day or week, except that two (2) hours of overtime will be guaranteed in instances of emergency call-back. The overtime rate shall be time-and-one-half the regular rate of compensation, in the form of comp time or pay, at the discretion of the City. However, if employee(s) are to be subject to a compensatory time policy that differs from the eight (80) hour maximum presently allowed by City policy, he/she shall be so notified in writing. In the event that sufficient acceptable personnel do not accept overtime on a voluntary basis, or in the event of an emergency, such additional personnel as are deemed Page 41 - Agreement between City of Woodbum and AFSCME I .....,.. T1 T necessary by the City may be required to work overtime. As provided by ORS 279.345(5)(b), the:provisions ofORS 279.340 shall not apply to the employees covered by this Agreement~ 9.2 STANDBY Employees rtfluired to be accessible by telephone or pager and available for dispatch to the job shall reqeive one (1) hour's pay at their straight-time hourly rate for every ! twelve (12) hours rf standby time for the duration of such standby period. Standby time shall not be count1d as hours worked for purposes of computation of overtime pay, and no standby pay sh~l be awarded for any hours that are actually worked. 9.3 WORKING out OF CLASS: When in the City's sole discretion an employee is temporarily appointed to a higher classification, he/ahe shall receive a five percent (5%) pay increase for all time spent in such assignment. All such appointments shall be ~ written notification to the employee. ARTICLE 10 - REST PERIODSILUNCH PERIODS All employees shall be granted a fifteen-minute (I5-minute) rest period during each one-half (~) shift, except in emergency situations. Rest periods shall be taken at approximately the middle of each one-half (~) shift as designated by the supervisor. All employees shall be granted a lunch period of not less than one-half-hour (~ hour) or more than one (1) hour, except in emergency situations. Such lunch periods shall be without pay and be utilized at approximately the middle of the work shift as designated by the supervisor. Page 41 - Agreement between City of Wood bum and AFSCME -_..t ~.. T ARTICLE 11- LEAVES 11.1 BEREAVEMENt LEAVE: In the event a death in the employee's immediate family, an employee may be granted leave ofa~ence not to exceed five (5) calendar days without loss of pay. This I leave shall be sepafate from sick leave and shall not accumulate from year to year. I In the eveni of a death of a co-worker, employees may request and be granted vacation leave or o~er mutually agreeable time off to attend the funeral. In instances I I where the essentiaIj work of the City would be seriously handicapped by the temporary I absence of a group I of employees in a division, the City may set a reasonable limit on the number of emploY4es that are to receive such leave. 11.2 WITNESS/JURY!DUTY: When an eQJ.ployee is called for jury duty or s~bpoenaed to appear in court as a witness, he or she trill be paid the difference be~n his or her regular salary and the amount of jury pay. However, ifhe or she transfers all compensation, less mileage and meal allowances, received from the court to the City, he or she shall receive his or her regular compensation for the time covered by the absence. Time not worked because of such service will not affect vacation or sick leave accrual. The foregoing shall not apply if the employee is a party in interest to the proceeding or is serving as a witness against the City or on behalf of the Union. In such instance, leave of absence without pay will be provided. 11.3 MILITARY: Military leave with or without pay shall be provided in accordance with applicable State (ORS 408.290) and federal statutes. Page 41 - Agreement between City of Wood bum and AFSCME t ry T1 T 11.4 LEAVEWITHOTJTPAY: Upon the ~tten request of a regular employee to the immediate supervisor, the City may, in writing, grant an employee a leave of absence without pay for a period not exceeding twelve (~2) months. Such request shall include the reason for requesting such leave and establishlreasonable justification for consideration by the City. An employee I shall not accrue be.eftts or seniority during such leave, but will be reinstated with all previously earned lfave and seniority upon his or her return to work. I 11.5 VOTING LEA VIi: Employees !who are registered voters shall be granted necessary time off, up to one (1) hour, to vo~e on election day if, due to their work schedule, they otherwise would not be able to vote. ARTICLE 12 - WAGES 12.1 WAGE RATES: Implementation of New Wage Schedule: Effective October 1, 2002, a marketability adjustment of two percent (2%) shall be applied to the wage schedule in effect September 30, 2002. In addition, and effective October I, 2002, a cost of living adjustment equal to the one-year change in the Consumer Price Index (CPIW), Portland Index, shall be applied to the wage schedule in effect September 30, 2002. For purposes of calculating this increase, CPI would be based on the most current statistics available in September 2002. All employees wilJ receive the cost of living adjustment even though the newly established wage may be greater than the range/step schedule in which the employee Page 41 - Agreement between City of Woodbum and AFSCME r... t .,.... .... would normally be paid. Effective ~ctober 1, 2003, a cost of living adjustment equal to the one-year change in the Consumer Price Index (CPIW), Portland Index, shall be applied to the wage schedule effectiv~ October 1, 2002. For purposes of calculating this increase, CPI would be based on the 10st current statistics available in September 2003. All employees will receive the cost of living adjustment even though the newly established wage may be I greater than the r~ge/step schedule in which the employee would normally be paid. ! Effective ~ctober 1, 2004, a cost of living adjustment equal to the one-year change in the Coqsumer Price Index (CPIW), Portland Index, shall be applied to the wage schedule effectiv~ October I, 2004. For purposes of calculating this increase, CIP would be based on the most current statistics available in September 2004. All employees will receive the cost of living adjustment even though the newly established wage may be greater than the range/step schedule in which the eWPloyee would normally be paid. 12.2 Classification/Compensation Study: (A) By separate letter of agreement, to be executed prior to October 1, 2003, the City and the Union shall agree to discuss the design, implementation, funding, and -application of a classification/compensation study. If agreement is reached regarding design, implementation, funding, and application of the study, said study shall be completed not later than March 31, 2005. ARTICLE 13 - DISCIPLINE AND DISCHARGE 13.1 DISCIPLINARY ACTION: By way of illustration but without limitation, disciplinary action shall include the Page 41 - Agreement between City of W oodbum and AFSCME , ~ r,.. l"! f following: I (I) Written repri~and. An emplo~ee may grieve a written reprimand through Step IV, City Administrator level of the griev~ce procedure, but shall not pursue such a grievance to Step V, Arbitration. The 4ecision of the City Administrator shall be final and binding. If the employee disagre~ with the written reprimand, he/she may attach a written rebuttal thereto. I (2) Suspensio~ without pay. (3) Temporary; reduction in pay to a lower step within the established pay range for the emplo~e' s classification. (4) Discharge Oral corrections may also be given to employees, but such shall not be considered -'$. disciplinary action, inasmuch as the emplofee has experienced no loss of compensation as a result thereof. 13.2 DUE PROCESS For the purposes of this Article, due process shall require that the following steps be accomplished before an employee is 1) suspended without pay, 2) temporarily reduced in pay, or 3) discharged. Before any decision to take disciplinary action is finalized, the following shall occur: 1. The employee will be informed of the charges in writing and given the information that is the basis for the possible disciplinary action. 2. After the employee has been informed of the charges, he or she shall have Page 41 - Agreement between City of Woodbum and AFSCME f I ,. ... the opportunity to meet and discuss the matter with the supervisor who init~ated the charges. If the employee chooses to meet with the supervisor to d1iscuss the charges, he/she shall be allowed to have a representative of the ~nion present. i I After the dfcision is made, the employee shall be given written notification thereof. Iflthe dec~sion is adverse to the employee, the employee shall have the I opportunity to include a statement in his/her personnel file and to file a grievance i in accordtce with the provisions of Article 16 thereof. I I 13.3 JUST CAUSE No employee shall be 1) suspended without pay, 2) temporarily reduced in pay, or 3) discharged witfoutjust cause. If there is disagreement as to whether or not just cause exists, such dispqte shall be resolved in accordan~ with the provisions of the grievance I procedure, Articl~ 16 hereof. 13.4 CONFIDENTIALITY If a superpsor has reason to discipline an employee, he or she shall make reasonab~ effort to impose such discipline in a manner that will not unduly embarrass the employee before other employees or the public. 13.5 PROBATIONARY EMPLOYEES: A probationary employee shall serve at the pleasure of the City and shall not have the right to appeal any disciplinary action as a violation of this Agreement. A regular employee shall be discharged only on stated grounds provided the employee. Page 41 - Agreement between City of W oodbum and AFSCME I '1" r T ARTICLE 14 - SENIORITY 14.1 DEFINITIONS Seniority, a~ used in this Agreement, means a regular employee's length of continuous service with the City since hislher most recent date of hire. An employee who , has not completed ~islher probationary period shall not be considered to have seniority and shall not be co~sidered a regular employee. An employ~e shall lose all seniority credit in the event of voluntary or involuntary termination or faih.re to return from an expired leave of absence. An employee who is absent without leave for more than seventeen (17) working hours shall be con$idered to have resigned. Such employee may be reinstated without loss of previously accrued seniority and other benefits if he/she can show that it was not feasible to obtain prior approval for the absence. I A seniority list for the bargaining unit and ~assification shall be posted on conspicuous places available to employees. A layoff means a permanent reduction in the City work force. 14.2 LAYOFF In the event of a layoff, notice of no less than fifteen (15) days will be given to employees the city intends to layoff. If the city reduces its work force, layoffs shall be made within each job classification on the basis of seniority with the least senior employee being the first to be laid off. The city may make exception to layoff on the basis of seniority where employees who possess special skills would otherwise be laid off. Employees subject to layoff shall have the right to displace employees in equal or lower-paying cla&sifications, provided they have prior service with the city in that Page 41 - Agreement between City of Wood bum and AFSCME I .. T classification, or to any lower-paying classification for which the employee can meet the minimum qualifications as specified in the most recently posted recruitment notice. If the employee has no prior City service injob to which he/she is to be placed, a probationary period as specifie~ in Article 14.6 shall be required, except that if the employee fails to successfully comPlete the probationary period, he/she shall be subject to layoff and not i termination. 14.3 RECALL i I I i Recalls fror a layoff shall be made according to seniority. No new employees i shall be hired into:a classification until all laid off employees qualified to do the job have I been given a chanfe to return to work. In order toimaintain this right to recall, an employee must register in person or by mail with the City Administrator or his or her designee upon change of address, telephone number, and at le$t annually signifying his or her..~vailability for recall. I Laid off erp.ployees shall be recalled only by certified letter, retum receipt requested, and s~l have five (5) days from receipt of such notification in which to inform the city of their intent to retum to work and an additional ten (10) days therefrom in which to report to work. An earlier reporting day may, by mutual arrangement, be arranged. Employees laid off for a period of twenty-four (24) months or longer lose all seniority rights. 14.4 TRANSFERS: Employees desiring to transfer to other comparable positions may submit an application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. Page 41 - Agreement between City of W oodbum and AFSCME I ., r "T 14.5 JOB POSTING: V acancies i~ the bargaining unit shall be posted in a place available to employees. Employees may a~ply for such open positions by the regular application procedure. Present qualified e~ployees shall be given first consideration, provided their qualifications are, ip the City's judgment, equal to those of other applicants. If two or more qualified pre~ent employees are otherwise equally qualified in the City's judgment, first consideration $hall be given the applicant with the greatest seniority in applicable job classification. 14.6 PROBATIONARY PERIODS The probatipnary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing an emplQyee's work, training and aidin~mployees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be extended for up to six (6) additional months. Employees promoted into a higher classification shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be ~tended for up to six (6) additional months. The Union recognized the right of the City to terminate new employees on probationary status at any time for any reason without recourse to appeal and to exercise Page 41 - Agreement between City of Wood bum and AFSCME T I ~" T all rights not specifically modified by this Agreement with respect to such employees, including, but not Jimited to, the assignment of on-the-job training in other classifications. The Union also rtfognized the right of the City to demote an employee on promotional probationary sta1 to his or her previous position. ARtLE 15 - CWTHING AND EQUIPMENT 15.1 PROTECTIVE ~LOTIllNG AND SAFETY EQUIPMENT The City s~all provide protective clothing and safety equipment pursuant to i applicable laws m}d regulations, based on a review performed by the City's insurance carrier or other sitpilar resource acceptable to the parties. Only those items which are required by law or regulation shall be provided. I 15.2 UNIFORMS: In additio* to safety equipment and clo1:l1iJ:w provided under the above, the City shall continue to provide work uniforms for selected employees within the bargaining unit, under the foUowing conditions: It shall be the employee's responsibility to launder and to otherwise m~ntain the uniform in a proper manner. Uniforms or any portion thereof shall not be worn except while on duty or while in transit to or from the job. Uniforms shall be replaced on an exchange basis only, and employees may from time to time be required to account for all uniforms originally issued. The cost of replacement of any uniform lost, destroyed, or otherwise not a~counted for shall be borne by the employee. Page 41 - Agreement between City of Woodburn and AFSCME t 'I" r T ARTICLE 16-GRIEVANCE 16.1 DEFINITION: A grievance, for thll: purpose of this Agreement, is defined as a dispute regarding the meaning or interpretation 1f a particular clause of this Agreement or regarding an alleged I violation of this Agreeme~. I I 16.2 PROCEDURE: I In an effort to prov~de for a peaceful procedure for resolution of disputes, the parties agree to the fOll01ng procedure: i STEP I: Ji.e employee, with or without the assistance of a Union Business , Representative or ~teward, shall discuss the grievance with his or her most immediate I supervisor who is *ot also a member of the bargaining unit within seven (7) calendar days of the occurrence of the grievance or within seven (7) calendar days of the date that the employee should qave first known of the facts upon which the grievance is based. As part of such grievance discussion, the employee shall notify the supervisor that the issue under discussion i$ a grievance. The supervisor shall have seven (7) calendar days to provide an oral response to the grievance. STEP II: If the grievance remains unresolved, the employee shall, within seven (7) calendar days of receipt of the supervisor's reply in Step I above, but not more than twenty-one (21) days of the occurrence, as outline above, submit the grievance in written form, including at a minimum the following: A statement of the action or lack of action on the part of the City that is the cause of the grievance. A statement as to the specific contract Article or Articles with section and/or Page 41 - Agreement between City of W oodbum and AFSCME I ~ w T paragraph thereof that was violated. The specific action or alternative actions that the city must take to correct the contract vilolation. The supervisor shrll respond to the employee in writing with a copy to the Union Vice- President within ~ven (7) calendar days. STEP III: If the &fievance remains unresolved, it shall be submitted in writing within seven (7) calendar days of completion of Step II to the Department Head. He or she may I i meet with the emfloyee's immediate supervisor and the aggrieved party and shall respond to the grievance ~ writing within seven (7) calendar days. STEP IV: If the grievance remains unresolved, it shall be submitted in writing within seven (7) calendar days of the completion of Step III to the City Administrator. He or she shall meet with the aggrieved party and the Department Head and shall respond to the grievance in writing within fourteen (14) calendar days. ff STEP V: If the grievance is not resolved, it shall be submitted to arbitration in the following manner: The Union shall have seven (7) calendar days from the date of completion of Step N procedures in which to provide written notification to the City of its intent to proceed t<;> arbitration. The Union and the City shall have seven (7) calendar days from the date of such notification to reach a mutual agreement upon an arbitrator. If the Union and the City fail to agree upon an arbitrator within the seven (7) calendar day period, the Union shall within the next seven (7) calendar days submit a request for a list of seven (7) arbitrators to the State of Oregon Mediation and Conciliation Service. The parties shall alternately Page 41 - Agreement between City of W oodbum and AFSCME I 'r t'l T strike one name from the list until only one name from the list remains. The Union shall strike the first name~ The remaining individual shall be the arbitrator. The City and the Union shall have seyen (7) calendar days from the date of receipt of the list of arbitrators I to select the arbitratr. I 16.3 LIMITATIONS N ARBITRATION: The arbitrat r shall render a written decision within a reasonable time. The ator shall be limited to interpreting this Agreement and determining if it has been violat . The arbitrator shall have no power to alter, modify, add to, or detract from the terms of ~s Agreement. The decision of the arbitrator shall be final and i binding on both patties. I No issue w~atsoever shall be arbitrated or subject to arbitration unless such issue results from an actton or occurrence which takes place while this Agreement is in effect, I and no arbitration Uetermination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution or after the expiration date of this Agreement. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for the cost of preparing, presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such records. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies. Specifically, the Union agrees that it shall not pursue an issue that has been the subject of a grievance to any court, Page 41 - Agreement between City of W oodbum and AFSCME _,.,~.____.~_"..~....--___,_.-~',~".^~____.---+ 1 1 T quasi-judicial bodX or other outside authority for a determination, and that when an issue is presently pendi~ before, or has been decided by a court, quasi-judicial body or other outside authority, $0 grievance with respect thereto may exist. 16.4 TIME LIMITS: Any or all time limits specified in the grievance procedure may be waived by mutual consent oflthe parties. Failure to submit the grievance in accordance with these I I time limits withour such waiver shall constitute abandonment of the grievance. Failure by the City to sub4rit a reply within the specified time will constitute a rejection of the grievance at that S1tep. A grievance may be terminated at any time upon receipt of a signed statement ttom the employee that the matter has been resolved. The employee may be representer at any level of the grievance procedure by a Union representative. ARTICLE 17 - MANAGE~NT RIGHTS 17.1 GENERAL RIGHTS: Except as otherwise expressly and specifically limited by the terms of this Agreement, the city retains all rights, decision-making prerogatives, functions and authority connected with or in any way incidental to its responsibility to manage the affairs of the City or any part of the City. The rights of the employees in the bargaining unit and the Union hereunder are limited to those specifically set forth in this Agreement. 17.2 SPECIFIC RIGHTS: Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the city shall include the following: To determine the services to be rendered to the citizens of the City. Page 41 - Agreement between City of Woodbum and AFSCME I .. T" ~ To determine and to follow the City's financial, budgetary, and accounting procedures. To direct and supervise all operations, functions, and policies of the departments in which th~ employees in the bargaining unit are employed, and operations, functions, ahd policies in the remainder of the city as they may affect employees in the barg~ning unit. To close or Hquidate any office, branch, operations or facility, or combination of facilities or Ito relocate, reorganize or combine the work of divisions, offices, branches, operation or facilities for budgetary or other reasons. To manage and direct the work force, including but not limited to, the right to determine the methods, processes, and manner of performing work; the right to hire, promote, transfer and retain employees; the right to layoff; the right to abolish positions or reorganize departmentst the right to determine schedules of work; the right to purchase, dispose of and assign equipment or supplies. To determine the need for a reduction or an increase in the work force and the implementation of any decision with regard thereto. - To establish, revise and implement standards for hiring, classification, promotion, quality of work safety, materials, and equipment. To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. To assign shifts, workdays, hours of work and work locations. To assign and designate all work duties. To introduce new duties within the unit. Page 41 - Agreement between City of Woodburn and AFSCME .."'_"~~, 'H""_~"'_"__"~~"__""'_'~'"'__''''''''-'''''''''''''''''''''-__~_'~'~'_"_''."'_''.' T I ... I. l' To determine the need for and the qualifications of new employees, transfers and promotion~. To discipl~ne, reprimand, suspend and discharge an employee subject to the discipline ~icle of this Agreement. To deten1ne the need for additional educational courses, training programs, on- I the-job tr,ning and cross-training and to assign employees to such duties for such i periods to!be determined by the City. To dete~ine the need for overtime and the employees to work such overtime. 17.3 CONTRACTIN~ AND SUBCONTRACTING OF WORK: The Uniof recognizes that the City retains the right to contract and to subcontract work, provided tifat as to the contracting or subcontracting of work that may reasonably be expected to re~ult in the layoff or demotion of any bargaining unit member(s), the city will provide prior notice to the Union and afford i~ ~pportunity to make a presentation to the council as follows: 1. The Union shall be sent a copy of any Request for Proposal or advertisement for bids at the time such request or advertisement is made. _ After receipt of proposals or bids from potential bidders, the Union shall receive a copy of same and a copy of all other relevant material, including City staff analysis of the various bids or proposals, that the Council will use as the basis for its decision. No decision to contract or subcontract shall be made until: a. Thirty (30) days following the receipt by the Union of all material specified in #2 above; and Page 41 - Agreement between City of Wood bum and AFSCME t t fl i b. After the Union has had an opportunity to make a presentation to the COUl).cil (or City Administrator if such is mutually agreeable) regarding the propp sed contracting of work. The City ag*ees to give full consideration to all information and recommendations that may be submittd by the Union prior to making a fmal decision. In conside~ion of the above-delineated agreement by the City to allow the Union to be informed of ~d to make its position known prior to a contracting decision which would adversely affect bargaining unit employees, parties agree that notwithstanding the requirements ofORS 243, the City shall have no duty to bargain 1) any decision to contract or subcontract work; and 2) the impact of any decision to contract or subcontract work. The City may use non-paid volunteers withamt following the procedural steps outlined in items 1 through 3 above, and without a duty to bargain over the decision or the impact of such decision. The City has not intent to modify existing practice on the use of volunteers. 17.4 EXISTING BENEFITS AND WORK RULES: Nothing in this Agreement is intended to nullify existing wage and fringe benefits to employees under policies, practices and work rules unless specifically included in this Agreement. The City agrees to notify the Union, in writing, prior to changing or making additions to the existing personnel policy manual. Should the Union disagree with the proposed change(s), the City, upon request, shall meet with the Union to discuss its Page 41 - Agreement between City of W oodbum and AFSCME I . ...... T concerns. ARTICLE 18 - CITY SECURITY During th~ term of this Agreement, the Union and members of the bargaining unit, as individuals or r a group, will not initiate, cause, permit or participate or join in any strike, work stop~age or slowdown, picketing, or any other interruption of City services. ! Employees in thelbargaining unit, while acting in the course of their employment, shall not honor any pifet line established in the City by the Union, or by any other labor organization Wht called upon to cross such picket line. Disciplinary action, including discharge, may ~ taken by the City against any employee or employees engaged in a violation of this fu'ticle. Such disciplinary action may be undertaken selectively at the I option of the Citf. In the ev~nt of a strike, work stoppage, slowdown, picketing, observance of a picket line, or o~er restriction of work in any fo~ either on the basis of individual choice or collec~ve employee conduct, the Union will, immediately upon notification, publicly attempt ~o secure an immediate and orderly return to work. The obligations set forth above shall not be affected or limited to the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance proce~ure of this Agreement. It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such strike, work stoppage, or other interruption of work. There will not be a lockout against the employees in the bargaining unit during the term of this A~ment. Page 41 - Agreement between City of Wood bum and AFSCME t ...,.. r ARTICLE 19 - SUBSTANCE ABUSE The parties recognize that certain employees engaged in safety sensitive activities are subject to testing pursuant to adopted city policy, and where applicable, state and I i federal law. Befor~ any changes in such a policy, provided they constitute a mandatory subject of bargainiqg, are implemented they shall be subject to negotiations with the I I Union. ~TICLE 20 - SA VlNGS CLAUSE I The provisions of this contract are declared to be severable, and if any section, subsection sentence, clause, or phrase of this Agreement shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Agreement, but they shall remain in #" effect, it being the intent of the parties that this Agreement shall stand, notwithstanding the invalidity. ARTICLE 21 - LABORIMANAGEMENT COMMITTEE 21.1 FORMATION: The parties agree to establish a joint LaborlManagement Committee. 21.2 REPRESENTATION: The City's representative will include the City Administrator or a representative and up to three (3) designees. The Union representatives will include three (3) elected representatives who are City employees with preference given to differing departments. Page 41 - Agreement between City of W oodbum and AFSCME ~~_ I I ..... T Either party with advance notice may invite guests whose attendance shall be germane to the agenda. 21.3 INTENT: , i The intentlofthe committee is to facilitate communications between parties by providing a f01 for discussion of issues not addressed by the Contract, such as staff morale, operationlmethods and procedures, attendance and other policies of the workplace which ~ffect the working conditions of the employees when such policies are I not mandatory sutject of bargaining. The committee shall not become involved in individual griev4ces nor shall the committee meetings be construed as formal negotiations. Th~ committee shall meet with a formal agenda, at least once each quarter or such other tim~ as both parties mutually agree to. The time, date and place shall be I mutually agreed ipon by the parties. I 21.4 CONTINUANCf:: '* The comnlrittee shall discontinue meetings during the quarter in which contract negotiations hav~ begun and remain adjourned until a contract has been signed by both parties. ARTICLE 22 - CERTIFICATION PAY 22.1 Employees holding specified position-related professional and specialty certifications shall receive certificate pay ranging from 0.5 percent (.5%) to 1.5 percent (1.5%) of base pay for each certificate held up to a cap of three (3) certificates. In the event an employee holds more than one (1) certificate in a job series, only the highest certification level will be compensated for under this Article provision. The City and Page 41 - Agreement between City of Woodburn and AFSCME ----......--........ - t T. r T AFSCME will work together to develop the list of compensable certificates and their respective values. Said list shall be completed by May 15, 2000 and implemented effective July 1, 2000. 22.2 Employees pertified to speak and/or write in the Spanish or Russian language shall receive an ad4itional two and one half percent (2.5 %) of base pay. This certification prograpt is voluntary and it requires the employee to provide translation services when req~sted in accordance with City procedures. Employees eligible for this incentive shall be $ose employees receiving language incentive pay as of September 30, 2002, and those employees certified after October 1, 2002. Eligibility for those employees certified after October 1, 2002 shall be based on successful completion of both written and oral testing. Individuals assigned to proofread work products generated by the city's Community Relations Officer shall receive a language incentive of three and one half percent (3.5%) of base pay. Such assignments shall be made in writing by the City Administrator and shall be ongoing unless a need for such services ceases to exist. In such case as the need for services ceases to exist, revocation of assignment shall be made in writing by the City Administrator, stating the reasons for the revocation. Such. reasons shall be discussed with the Union prior to implementation of such revocation.. ARTICLE 23 - EDUCATIONAL INCENTIVES. On or before May 15, 2000, the educational incentives as defined in Section 5 of the City's Personnel Policies Manual, will be revised to provide for tuition reimbursement for course work deemed by the City Administrator to have direct Page 41 - Agreement between City of W oodbum and AFSCME . t ~. T applicability and benefit to City goals and objectives. Employees shall be reimbursed for up to half of the cqst of registration for approved course work up to a limit to be specified in the revised policy taking into consideration current rates for course work at area junior colleges and universities. Reimbursement shall not include cost of travel, books and materials, or otherlancillary costs. Employees who receive tuition reimbursement shall be obligated, when a~plicable, as determined by the City Administrator, to share the benefit of their education rd training with other City employees. Al{ncLE 24 - TERM OF AGREEMENT 24.1 This Agreement sqall become and be effective October 1,2002 and shall replace the I Agreement previo~sly approved October 1, 1999 through September 30, 2002. This Agreement shall b~ binding upon the City, the Union, and its members, and shall remain in full force and effect through June 30,2005. #' 24.2 This Agreement m~y be amended at any time by mutual agreement of the Union and the City, such amendn:lents shall be in writing and signed by both parties. IN WIlNESS WHEREOf, ~e parties hereto set their hands this day of . 2002. FOR THE UNION FOR THE CITY Tim Pfau Council 75 Representative Richard Jennings Mayor Bargaining Team Member! John C. Brown Page 41 - Agreement between City of W oodbum and AFSCME t ,,. r City Administrator Bargaining Team Member Bargaining Team Member ,~ N Page 41 - Agreement between City of W oodbum and AFSCME IT. T APPENDIX A' The bargaining unit includes all employees in the following classifications, subject to the provisions of the Recognitlion Article: Clerk I Library Page Meter Reader Custodian Clerk II Utility Worker I Bus Driver Municipal Court qlerk Records Clerk Clerk m Library Assistant · Accounting Clerk [I Water Technician ~ Utility Worker II Accounting Clerk 1m Permit Technici~ Library Assistant/~ecurity Monitor Transportation CoPrdinator Secretary (Depart1jnent Head) Information Systems Technician Engineering Techpician I Municipal Court Coordinator Wastewater Operator I Evidence Technician Utility Worker m Engineering Technician IT CAD/GIS Technician Mechanic Code Enforcement Officer . Water Technician IT Building Inspector/Plans Examiner II Wastewater Operator II Sewer Line Maintenance Technician Librarian Wastewater Lab Technician Wastewater Operator III Foreman Wastewater Treatment Plant Maintenance Techriician Assistant Planner Industrial Waste Coordinator Engineering Technician ITI Construction Inspector/Engineering Technician ..... Page 41 - Agreement between City of W oodbum and AFSCME I r r T APPENDIX B SALARY SCHEDULE EFFECTIVE OCTOBER 1,2002 RANGE SlfEP A STEP B STEP C STEP D STEP E 1 1;866 1959 2,057 2160 2268 2 ~893 1988 2088 2192 2302 CI~rk I 3 1924 2021 2122 2228 2339 Li~rary Page 4 1960 2058 2160 2268 2382 5 1997 2097 2201 2312 2428 6 2039 2,141 2,248 2,361 2,479 7 2,087 2,191 2,301 2,416 2,537 M~ter Reader 8 2,137 2,244 2,356 2,474 2,598 ,., C.stodian Bus Driver 9 2,196 2,306 2,421 2,542 2,669 Clerk II 10 2.261 2,374 2,493 2,618 2,749 Municipal Court Clerk Records Clerk 11 2,331 2,448 2,570 2,699 2,834 Clerk III Library Assistant Accounting Clerk II Utility Worker I 12 2,411 2,532 2,659 2,792 2,932 Utility Worker II Accounting Clerk III Water Technician I Permit Technician Page 41 - Agreement between City of Woodburn and AFSCME ...-,_."~--.._.-..--." t 'II ~ T RANGE ST~P A STEP B STEP C STEP D STEP E 13 2,499 2,624 2,755 2,893 3,038 Tr~lDsportation Coordinator Li~rary Assistant/Security Monitor S)jtary (Department Head) In rmation Systems Technician En . eering Technician I M nicipal Court Coordinator ! 14 2,$95 2,725 2,861 3,004 3,154 w*owater Operator I Uti ity Worker III Ev ence Technician I 15 t3 2,838 2,980 3,129 3,285 En . eering Technician II C IGIS Technician Me!hanic Co e Enforcement Officer ! 16 2~23 2,964 3,112 3,268 3,431 W , tewater Operator II se;- Line Maintenance Technician Lib rian Wa~er Technician II ~.. Bu~ding InspectorlPlans Examiner II 17 2,956 3,104 3;259 3,422 3,593 Information Systems Specialist Wastewater Lab Technician Wastewater Operator ill 18 3,104 3,259 3,422 3,593 3,773 Foreman 19 3,267 3,430 3,602 3,782 3,971 Wastewater Treatment Plant Maintenance Technician Assistant Planner Industrial Waste Coordinator 20 3,451 3,624 3,805 3,995 4,195 Engineering Technician III Construction InspectorlEngineering Technician Page 41 - Agreement between City of Wood bum and AFSCME j ...... T1 T toe MEMO Date: For Council Action, through the City Administratoft e!l i David N. Torg~son., P.E., through the Public Works Director , Contract awar~ for Heritage Park Access Ramp Project No. 2002-06 -20, Bid No. 31-31 September 19, ~002 To: From: Subject: RECOMMENDATION: i It is recommended the City! Council reject all bids for Heritage Park Access Ramp, Schedules A . and B, and direct staff to d,vise a less costly solution to the project requirements. BACKGROUND: . . The work involves constru~on of an ADA-compliant access ramp from the vehicle parking strip on Jamestown Street to th~ recreation facilities in Tract A of Heritage Park Subdivision. The project was designed and afivertised with two alternatives. Bidders were instructed to bid one, the other, or both alternatives, Jbut were told that only one alternative would be awarded.. Ahematives included Cond,ete, at grade (Schedule B). The other alternative (Schedule A) considered timber construction, using plastic composite material for decking. The results of public bids for the project are as fbllows: 1. 2. 3. Axis Curb Co. All Concrete Spec. , Inc. Kostenboarder Contracting Engineer's Estimate: Total Bid Seh. A Not Responsive $62,3~6.00 No Bid $20,600.00 Total Bid Seh. B Not Responsive $48,624.00 $25,620.20 $15,640 Staff did not expect the timber bid to come in under the current budget of$15,OOO, but did expect bidders to propose on the concrete alternative within budget. Analysis of bids indicate that bid prices for handrail were from two to three times those quoted by specialty suppliers before the bid was advertised. The Engiooel" s estimate used unit prices that agreed closely with published ODOT cost figures. A possible approach may involve grading and concrete placement by city forces, and other specialty items obtained through negotiation with outside installers. The Timber alternative should not receive further consideration, because of its complexity and relatively high cost. . ....- , I f" F"' T .. ~ f1 T GS WOODBURN lOD ORE G 0 N Incorporated 1889 MEMORANDUM DATE: Mayor and City Councilors through ./!h John Brow~, City Administrator,2V I~ Woodburn pu~i., lie Library Board through Linda Spra~r, Library Director . September 1~, 2002 Library Perso?nel Adjustment BACKGROUND TO: FROM: RE: The current, 2002-2003 fiscal year budget allowed for one Librarian (Circulation) position at pay Grade 16, Step C and a part time Librarian (Reference) at pay Grade 13.5. Step C. Both of these positions have been vacated by the incumbents' resignations. Additionally, funds were budgeted to i.Qcrease a Clerk III position from part time (30 hours per week) to full time. Current information indicates that the change will not be made this fiscal year. PROPOSAL I am proposing that these positions be filled with a full time Librarian (Reference) at pay Grade 16, Step A and a full time Library Assistant (Circulation) at pay Grade 11, Step A which allows the library to continue the move toward more full-time employees. RECOMMENDATION Approve the proposed changes in Library personnel for the 2002-2003 fiscal year. '....~-'-',<\ ::.' "'~'.;;::", .' "'n""'" ~:'->'_'Vj\;?+ .s.<.' , C'.~",.'._~ '-~-;~\:-:~\< -, Woodburn Public 4b~1#y 280 Garfield Street. Woodbur/i, Ore.gon 97071 Ph.503-982-5263 . Fax 503-982-5258 ;\;~." -- . ""j,.' "'j:"';;:~>~i ;,:~, ,....)-,.:....;.......,., ';.:' ';"i-~'.' ',<>:,-:;.;:. .:-\:ii' ~~-;" - . '. ji~~~,Ui:;~~:. l' " ~ T .; 'r ~ ttA Memo From: Date: Subject: Mayor d Council thro~.JI'le City A . 'strator~ Ben Gil espie, Finance Director Septern r 16, 2002 Ambul ce Rates To: RECOMMENDA nON :tat the council conduct a public hearing to determine if ambulance rates should be increased' the City of W oodbum. It is further recommended that the Council~ . at the conclusion of the he. . ng adopt a resolution authorizing any rate changes for the franchised provider of am1:tulance service in the City. BACKGROUND: Woodrum Ambulance is requesting that the base rate per call be increased from $661 to $837 and the I mileage rate be increased from $10.00 to $16.50 per mile. The request for these substanti~l increases is driven by changes in the Medicare reimbursement schedule. Over four years iMedicare will reduce by 50% the~ount it reimburses ambulance operators. The fIrst reduc~on occurred April 1 , 2002. Further decreases will become effective on January 1 of each the next three years. The Medicare tlte has now been lowered from $580 per call to $526, and it will be further reduced to $309 by January 2004. OfWoodbum Ambulance's calls 59% are covered by Medicare. Woodbum Ambulance estimates that loss of revenue attributable to MePicare will be $331,864 from April 1, 2002 to April 1, 2003. In the last year Woodbum Ambulance's revenue has been further reduced by an opinion from the State Attorney General's Office. Pre:viou~l:>4. the Motor Vehicle Accident Fund had paid ambulance operators $500 per call fot~d indigent victims of traffic accidents on state highways. The Attorney General's Office found that this was an illegal use of State Gas Tax. This has resulted in a loss of revenue of $100,000 per year for Woodbum Ambulance. The requested rate increase is intended to make up for the loss of revenue from the first two Medicare reductions and the loss of revenue from the Motor Vehicle Accident Fund. At this time the ambulance industry is lobbying to stop implementation of the third and fourth year reductions. Ifthey are not successful, Woodbum Ambulance will request another rate increase as April 2003 approaches. Rates in other Oregon cities are: I 1 ~ ~ T La Grande Fire Department Medcom Ambulan~e, Roseburg Bay Cities, Coos B~y Western Lane Ambulance $900 base 876 1,375 848 . . $15.75 per mile 15.00 15.00 10.00 The last time Woodbum N'nbulance rates were increased was January 2000. i FINANCIAL IMPLICA ONS: Because the ambulance franchise fee is based on the gross revenue earned by the op tor, a rate increase would be revenue neutral for the City. I '""!' N r T COUNCIL BILL NO. 2416 RESOLUTION NO. 1698 A RESOLUTION EST~LISHlNG RATES AND CHARGES FOR AMBULANCE SERVICES IN ACCORLlANCE WITH THE FRANCmSE GRANTED TO WOODBURN AMBULANCE SERVIC~, INC.; REPEALING RESOLUTION 1569; AND SETTING AN EFFECTIVE DATE FOIt SAID RATES AND CHARGES. WHEREAS, W ooh.'b bum Ambulance Services, Inc. has been granted a franchise to provide ambulance services within ~e City of Wood bum per Ordinance 2324; and WHEREAS, Sectipn 6 of said franchise ordinance provides for the separate establishment of ambulance services rate, and charges; and WHEREAS, a pU~liC hearing was held on September 23, 2002 to review the justification for increasing the current qttes and charges for ambuhince services; and . WHEREAS, the franchisee has submitted satisfactory evidence to the City Council to justify the requested rates; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the following definitions are applicable to the rate structure stated below: I ALS Base Rate = Base rate charged to patients reqUiring advanced life support procedures. Local Convalescent Rate = Base rate for transporting a patient from a a local residence to a local nursing home, or visa versa. Mileage = Mileage charged from dispatch point to fmal destination (hospital). Section 2. That the request of Wood bum Ambulance Services, Inc., for rates and charges for ambulance services be approved as follows: Local Convalescent Rate ALS Base Rate Mileage, per mile Ambulance Membership Policy (per year) $175.00 $837.00 $ 16.50 $ 45.00 Section 3. Resolution 1569, passed on January 24, 2000, is hereby repealed. Page 1 - COUNCIL BILL NO. RESOLUTlON NO. , I "1'"" ~ T << Section 4. The rates and charges set herein shall become effective on October 1, 2002 after Ordinance 2324 (the Ordinance granting W oodbum Ambulance Service, Inc. a franchise) becomes effective. Approved as to form~ryq- ~ I City Attorney I q- .!.d- 20-02- Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the ~ecorder ATTEST: . . Mary Tennant, (hty Recorder City of W oodbUfll, Oregon #I/f' Page 2 - COUNCIL BILL NO. RESOLUTlON NO. I 'r r 1. Mark J. Wilk, Presid~nt WOODBURN DOWNTOWN ASSOCIATION P.O. Box 344 Woodburn, OR 97071 i I fvtission Statement: To promote the historical and culturally diverse heritage of ~ur community by providing opportunities that will encourage community-wide ~nvestment in Downtown Woodburn. To encourage ownership of Downtown through community participation in creating a beautiful, safe and economically fuccessful City of Woodburn. 2002 Board Of Directors Oregon Law Center 397 N. First St., Woodburn 2. Bruce Thomas, Vice president Woodburn PrintingIY es Graphics 130 W. Cleveland, Woodburn 3. Rosa Gonzalez, Secretary Latina Enterprises 363 N. Front St., Woodburn 4.Bob Sigloh, Treasure~ 5. Mike Bergeron 6. Jim Ferguson 7. Lucien Klein 8. Jose Parra 9. Frank Lonergan 10. Colleen Rehm 11. Mary Lou Cornejo United Disposal P.O. Box 608, Woodburn City of Woodburn 270 Montgomery, Woodburn Farmers Insurance 1541 N. Pacific Hwy. Woodburn Klein and Hand 970 Cascade, Woodburn 777 N. First St., Woodburn Keller Drop Box- Wilsonville 245 N. Second St., Woodburn Parr Acres 443 Wheat, Woodburn OSU Extension/4H 363 N. First St., Woodburn 12. Doug Templeton (Past Pres.) Woodburn Carcraft 220 S. Pacific Highway, Woodburn ,_ t ~.. 503-981-0336(w) 503-981-4989(h) 503-981-8235(w) 503-981-8330(h) 503-982-5751 503-475-4516 (c) 503-981-1278 503-951-0152 503-981-4096(h) .503-981-0045 503-939-1337 (c) 503-981-0101 503-982-7108 503-635-4463 503-981-7277(w/fax) 503-981-1916 (h) 503-585-4969 503-981-5530 T T~ .., T WOODBURN DOWNTOWN ASSOCIATION l}1ission Statement: To promote the historical and culturally diverse heritage of ~ur community by providing opportunities that will encourage community-wide ~nvestment in Downtown Woodburn. To encourage ownership of Downtown ~hrough community participation in creating a beautiful, safe and economically ~uccessful City of Woodburn. WOODBURN DOWNTOWN ASSOCIATION BOARD AGENDA September 18, 2002 7:30 AM 1. Call to Order: introductions, announcements and additions to agenda 2. Approval of Minutes: August 21, September 4 3. Treasurer's Report: account balance, outstanding bills 4. Committee Reports: - Saturday Market - Front Street Lighting 5. Old Business _ Cross-Cultural Marketing seminar: October 10 6. New Business: ,,~_.-_.,-----_...._,.---...--..........~-<' ,......1 .. ... T 'l' f! T Woodburn Downtown Association Meeting Minutes for August 21, 2002 Present Pete McCallum - wqodburn Together Mark Wilk - Oregon !Law Center Tom Marks - Chemeketa Small Business Development Center Jimmie Wilkins - Ch+meketa Small Business Development Center Jerry Wheeler - Woodburn Area Chamber of Commerce Bruce A. Thomas - WnA Ruth E. Mason Lisa Ellsworth Phyllis McKean - C~cade Scenic Train Jose Alvarez - Don fepe Lucien Klein - WDA. Mary Lou Cornejo -t WDAlOSU Ext. Mark opened the m~eting and asked for approval of past minutes. Minutes were accepted. Treasure's Report: Bruce gave the treasurer's report. Our balance is $5,343.10. We have an outstanding check from the state (Farmers Market for $1,296) that is incoming to WDA. Major activjty has been the market. Bruce will take over the treasurer's position since Bob has been very busy between Salem and Woodburn. He is the incoming Kwanis president. A motion was made by Lucien and seconded by Mary Lou Cornejo for Bruce to replace Bob as treasurer; motion approved. Committee Reports: The WDA's new logo will be unveiled at the annual dinner in February. . This is when the winner ofthe logo contest will be announced. Candles: Woodburn was given 55, 16- inch candles for Christmas from the city of Keizer that may be used in the downtown area for decorations. Brackets need to be made to hold them and the WDA needs partnership with other groups to set them up. Before this can happen we need to insure that they are in working order. We will need PGE's permission to use their poles. We will need the number of poles and their location. Technical drawings for the brackets along with the height will be needed. Lisa stated that Joanne who works with the flower baskets, has the technical information for the number of poles and their locations. Jerry Wheeler asked what would it take to get the candles ready. Bruce said that all they need is to be pressure washed. Lisa commented that activities such as the candles are considered a winter beautification project. The time line for the candles project will be after thanksgiving as a start date. Bruce will take the lead on the candles project and Pete will take it up with the Livability committee for the city. Front street lighting - No report ....".-., I .. T .. " T Concert in the park -r The concert in the park is very successful. The concert was moved into city hall t~s last time and Papa Murphy's and Lupita's were not aware of the move. Communicatiop by the library to the vendors needs to be articulated in a timely manner if there is a chfmge. There have been regulars at this event from Senior Estates. Scenic Railway Pres~ntation: Phyllis McKeen from the Cascade Scenic Railroad gave us a presentation on t~elines for the railway. The time schedule is as follows. Spring of 2004 for the railway; ~005 is for the steam engine; and 2005-2006 for the dinner train. Just to check the boil~r on the train is expected to cost $15,000. Each community will be expected to help. D~ Hoynaki, has a presentation that he can give on the project. We will be asking him to present at a future date. Mark's report: Mmik was invited to Sherwood, to present to a group identified as the "Friends of Old Town." He shared with the group some of the dynamics of the WDA. Sherrie Robinson wa$ the one who invited Mark to make the presentation. Training for Businelises: Training for the businesses in the downtown area: Training will take place on the 10th of October ofthis year. There will be flyers in both English and Spanish. The fir$t class will be offered free with the understanding that there will be a charge for other cl'4sses at cost. Concept ofthe training will be that businesses tell us what type of classes they need. Bruce will work on a survey for these businesses with Javier Perfecto from the city and have the information by the 10th of September. New Business: For discussion by the WDA was the issue about absent board members with a continuing desire to be on the board. There are others who may want to serve on the board but can't because ofthis issue. Mark will have a meeting with those absent board members to discuss status. ** Meeting was adjourned and Mark has asked that the board members bring any pictures of the projects the WDA has done to the next meeting. ...., I ... T I R" 11'1 T Woodburn Downtown Association Meeting Minutes for September 4, 2002 Board Members Pre,~ Mark Wilk: - Oregon ~aw Center Bruce Thomas - Yes P.raphics Lucien Klein - Klein ~d Hand, P.C. Jose Parra - Oregon ~irst Realty Jim Ferguson - Farm~rs Insurance Bob Sigloh - United IPisposal Members and Guestf Tom Marks - Cheme*eta Small Business Development Center Ruth E. Mason - Car~g Touch Massage Phyllis McKean - C~cade Scenic Train Jose Alvarez - Don P~pe Restaurant Pete McCallum - Wopdburn Together Beverlee Koutny - Clb.emeketa Community College Mark reported lack of minutes for last two meetings. Treasurer's Report: Bob gave the treasurer's report. Our balance is $S36/;tJ, We have outstanding payments from Oregon WIC (Farmers Market) for about $1,000). Major activity has been the market. Bruce will take over the treasurer's position and the Board acknolewdged and thanked Bob for all his hard work as treasurer this year. President's Report: Mark reported two significant press stories on downtown Woodburn and the WDA, on in the Oregonian and a more positive one in the Independent on the Downtown Lighting Project. He distributed ''No Littering" signs in English and Spanish. Committee Reports: Concerts in the Park - The concert in the park series was very successful and it was agreed that WDA would continue to participate and assist the Library as needed. Front street lighting - We had good press and now need to do the project. Jim, Bruce, Mike and Frank will meet soon. We hope to have Mayor Jennings turn them on this fall. Business Marketing Seminar: Training will take place on October 10.There will be flyers in both English and Spanish. The class will be offered free. Concept of the training will be to he~ business attract more customers. Meeting was adjourqed at 8:50 am. I ~ _ clew-> - '^-%J ~ h it cl " WOf} MtI sqalJY}SOY- q6WV)-1GW"f) r It (2af} 4f '~. w~~ tuaJ ~ -r;..~F > Lh . Y' ~ G~.J. If'.4)D I '. .. .(-;J~ aJSLfU7<'2 ,; ~L 1A[()JtIJ...5 ..J. - Y 01- <--1 VIQ- L\ ~ J - <-,,-, .,"-;~"";-._-"-'''''''--'''''''''~-'-'-'''~~----"'''"--''-'''''--''' .. ... T ~" r T