MAYOR NEWSLETTER

Significant City Council Actions

November 2, 2023 – Regular Session

Motion:  Councilor Kinyon moved to approve a rebate of $15,000 to the Jordan’s for the needed repair on the building.  Councilor Hollett seconded the motion.  Vote: Bjarnson (aye), Tarman (aye), Brewer (aye), Mayor Cutchen (aye), Kinyon (aye), Hollett (aye).  Motion passed 6-0

 Motion:  Councilor Hollett moved to pay for the Greenwaters Amphitheater Change Order with all of the remaining ARPA funds, $3,000 from Parks and the rest from TRT Funds.  Councilor Bjarnson seconded the motion.  Vote: Bjarnson (aye), Tarman (aye), Kinyon (aye), Hollett (aye), Mayor Cutchen (aye).  Motion passed 6-0

*Comment: Due to budget constraints, periodic maintenance to the facility was long neglected.  More significant damage was found after removing the siding during scheduled repairs.

 Motion:  Councilor Brewer moved to approve all of the recommendations made by the Admin Committee and direct the CA to draft new Committee Resolutions for Council’s Consideration.  Councilor Hollett seconded the motion.  Vote: Hollett (aye), Tarman (nay), Brewer (aye), Mayor Cutchen (nay), Bjarnson (aye), Kinyon (aye).  Motion passed 4-2

 Amended motion #1: Councilor Kinyon moved to amend the motion to remove item #4 from list of changes to be made.  Councilor Hollett seconded the motion.  Vote Mayor Cutchen (nay), Kinyon (aye), Hollett (aye), Brewer (aye), Bjarnson (aye), Tarman (nay).  Motion passed 4-2

Motion:  Councilor Kinyon moved to remove item #1 and change it to allow the city councilor representative to be a voting member on every committee, but they can only vote in the event of a tie.  Councilor Bjarnson seconded the motion.

Amended motion #2: Councilor Kinyon moved to remove items #1 and #3 and make it consistent on all committees that where the councilor only votes in the event of a tie.  Councilor Bjarnson seconded the motion.  Vote: Mayor Cutchen (nay), Brewer (aye), Bjarnson (aye), Tarman (nay), Hollett (aye), Kinyon (aye).  Motion passed 4-2.

*Comment: The issue should have been returned to the city staff with instructions to implement certain changes the council desired instead making multiple motions. Legislate on the fly yields poor results.

 Motion:  Councilor Tarman moved to allow the Greenwaters Park Community Building to be used and fees waived for the warming center this winter from December through March, from 6pm to 7am, on nights when it is not already reserved and forecasted to be below freezing.  Councilor Hollett seconded the motion.  Vote: Brewer (aye), Bjarnson (aye), Hollett (aye), Kinyon (aye), Tarman (aye), Mayor Cutchen (aye).  Motion passed 6-0.

*Comment: While I support the operation of a warming center, I disagree with characterizing this as a fee waiver. Without a non-profit or other organization sponsoring the efforts, the City of Oakridge is the de facto sponsor and responsible for providing the facilities and liability insurance for the volunteers running the warming center.  

 Motion:  Councilor Brewer moved to approve the fee waiver request for the annual Holiday Light Parade and up to $500 in TRT Funds for lights on the Amphitheater.  Councilor Kinyon seconded the motion.  Vote: Mayor Cutchen (nay), Hollett (aye), Tarman (aye), Bjarnson (aye), Kinyon (aye), Brewer (aye).  Motion passed 5-1.

*Comment: I opposed this fee waiver as with virtually all previous fee waivers brought before the city council. 

Motion:  Councilor Tarman moved to approve the 1^st reading of Ordinance 942, to repeal and replace Ordinance 75.  Councilor Kinyon seconded the motion.  Vote: Brewer (aye), Kinyon (aye), Hollett (aye), Tarman (aye), Mayor Cutchen (aye), Bjarnson (aye).  Motion passed 6-0

Motion:  Councilor Kinyon moved to approve and adopt Ordinance 942, to Repeal and Replace Ordinance 942, to Repeal and Replace Ordinance 75 after the 2^nd reading by title only.  Councilor Tarman seconded the motion.  Vote: Tarman (aye), Brewer (aye), Hollett (aye), Bjarnson (aye), Kinyon (aye), Mayor Cutchen (aye).  Motion passed 6-0

Comment: This ordinance modifies and improves the current ordinance regulating parades and processions. The second motion allows the city council to pass the ordinance in one session instead of two separate meetings.

Motion:  Councilor Kinyon moved to approve the 1^st reading of Ordinance 943, adding sections 93.18-93.22 to the Oakridge Municipal Code.  Councilor Tarman seconded the motion.  Vote: Hollett (aye), Tarman (aye), Brewer (aye), Mayor Cutchen (aye), Bjarnson (aye), Kinyon (aye).  Motion passed 6-0

Motion:  Councilor Kinyon moved to approve and adopt the 1^st reading of Ordinance 943 adding sections 93.18-93.22 to the Oakridge Municipal Code after a 2^nd reading by title only.  Councilor Tarman seconded the motion.  Vote: Mayor Cutchen (aye), Kinyon (aye), Hollett (aye), Brewer (aye), Bjarnson (aye), Tarman (aye).  Motion passed 6-0

Comment: This ordinance makes critical changes to the city code, to allow the city staff to effectively enforce regulations concerning zoning, noxious weeds and other property conditions.  The second motion allows the city council to pass the ordinance in one session instead of two separate meetings.

November 16, 2023 – Regular Session

 Motion: Councilor Hollett moved to approve the offer from Towerpoint to purchase the Verizon Lease. Councilor Coker seconded the motion. Vote: Coker (aye), Brewer (aye), Tarman (nay), Hollett (aye), Bjarnson (aye), Kinyon (nay). Motion passed 4-2

*Comment: I was traveling and could not attend this meeting but strongly opposed this sale. It gives away a passive income source for 99 years in return for a one-time payment which I expect will be used to address the ongoing deficit instead of fixing the problem.

 Motion:  Councilor Brewer moved to approve the alcohol permit for the Sasquatch Duro Bike race on July 27^th, 2024.  Councilor Hollett seconded the motion.  Vote: Bjarnson (aye), Hollett (aye), Tarman (aye), Kinyon (aye), Coker (aye), Brewer (aye).  Motion passed 6-0.

Motion:  Councilor Brewer moved to approve the draft fee waiver policy, adding the amendment about falsifying reports and direct the CA to codify and implement it.  Councilor Coker seconded the motion.  Vote: Bjarnson (aye), Hollett (aye), Tarman (aye), Kinyon (aye), Coker (aye), Brewer (aye).  Motion passed 6-0.

*Comment: After years of the city council deciding on fee waiver requests, they now choose to shift that responsibility to the city staff instead of making difficult decisions themselves on deciding what is best for the City of Oakridge.

 Motion:  Councilor Hollett moved to cancel the December 21, 2023 City Council Meeting.  Councilor Brewer seconded the motion.   Vote: Hollett (aye), Tarman (aye), Coker (aye), Brewer (aye), Bjarnson (aye), Kinyon (aye).  Motion passed 6-0

Motion:  Councilor Brewer moved to approve the letter to the State Legislature and the League of Oregon Cities urging that they take legislative action to protect Recreational immunity.  Councilor Tarman seconded the motion.  Vote: Brewer (aye), Bjarnson (aye), Tarman (aye), Kinyon (aye), Hollett (aye), Coker (aye).  Motion passed 6-0

Motion:  Councilor Brewer moved to direct the CA to draft an Ordinance to impose a tax on short term rentals for council’s future consideration.  Councilor Tarman seconded the motion.  Vote: Hollett (nay), Tarman (aye), Bjarnson (aye), Kinyon (aye), Coker (aye), Brewer (aye).  Motion passed 5-1

Motion:  Councilor Coker moved to approve the 1^st reading of Resolution 17-2023.  Councilor Brewer seconded the motion.  Vote: Brewer (nay), Kinyon (nay), Hollett (nay), Tarman (aye), Bjarnson (nay), Coker (aye).  Motion failed 2-4

*Comment: Thankfully this ordinance further regulating city committees failed to pass in my absence. There is already adequate guidance containing in Oregon law, the Council Rules of Procedure and the Code of Conduct each committee member signs when appointed.

  * The official city position is determined by a majority vote on a motion. Comments reflects my opinion and the reasoning behind my vote on the motion, however I will support the majority decision.

Oregon Public Meetings Law Fact of the Month

Serial Communications

A governing body risks violating meetings law through a series of private communications, even if a quorum isn’t involved in any single communication. For example, the Court of Appeals held that a county administrator’s e-mails and phone calls with various board members deliberating towards the resolution of a public records request could be a violation, even though no single e-mail or phone call involved a quorum. The court explained that “the determinative factors are whether a sufficient number of officials are involved, what they discuss, and the purpose for which they discuss it—not the time, place, or manner of their communications.

*It is my opinion that elected officials discussing city business on a private chat forum could be considered a serial communication.

 

Upcoming Meetings

Parks & CS Comm. – 12/11 5:30

RTMP/TRT – 12/12 – 7pm

Charter Review Comm – 12/14 6pm

Planning Commission – 12/19 7pm

Admin Comm. – 12/20 6pm

City Council – 12/21 Canceled

Audit Comm – 12/25 Canceled

Charter Review Comm – 12/28 6pm