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Bandon City Council Mulling Amendment Officially Separating the City from the Pool

2/7/2018

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Picture
Since the Bandon Planning Commission meeting in January where the commissioners discussed platting the pool next to the public library in the city park the city council has been looking for a way to distance the city from the pool. 
 
The one problem that remains is the city's insistence on allowing the possibility for pool funding to remain in the plan for Urban Renewal district #2.   Once the city removes that caveat from the UR plan, then they can proceed with the amendment. Otherwise, there is no way they will be able to get the voters to support it….Rob T.     

Here is the background starting in September of 2016, which is four years after the voters rejected the pool on the ballot in the General Election in November of 2012.
At the end of the post is a reply from the City Mayor & City Manager 

REGULAR MEETING
SEPTEMBER 12, 2016, 7:00 P.M.
CITY COUNCIL CHAMBERS,
555 HIGHWAY 101, BANDON
AGENDA

5.1.2 Potential City Charter Amendment Regarding Swimming Pool Funding
BACKGROUND:
As the City Council is aware, the Bandon Community Swimming Pool Development Corporation (aka Swimming Pool Committee) has been working on their proposed development of a public swimming pool in Bandon. They have been conducting fund raising activities and have purchased a 10 acre parcel immediately south of City Park as their proposed swimming pool site. The Committee would very much appreciate City support for the project, and believes that they can raise the necessary funds for the swimming pool construction and privately fund the continued operation and maintenance of the facility without any future expense or obligation of City funds. The major objection City staff has had to the project, and an objection heard from members of the public, is that once the swimming pool has been constructed it would not be able to support itself, and that responsibility would fall on the City. City staff has met with the Committee on this issue, and the members are fully aware that staff continues to oppose the project for this
reason, although the members maintain that this would not happen. 

City staff and the Committee members have been working to determine whether there is a compromise that would allow the City Council to express their full support the project, while at the same time ensuring that the public and taxpayers could not be obligated to the operation and maintenance of the swimming pool unless such financial participation was specifically approved by the voters. An idea that was generated through these meetings would be to propose that the City Council refer to the voters, possibly at one of the 2017 elections, the matter of a City Charter amendment that would preclude the City Council from authorizing the expenditure of any public funds on the operation and maintenance of a public swimming pool except as may be specifically authorized by voter approval.

The Committee voted to support such a Charter amendment, and has requested that this item be placed on the agenda for City Council discussion. Their feeling is that if the Council was prohibited by the City Charter from funding swimming pool operation and maintenance, then the Council would be free to express their full support for the project; the City and Urban Renewal would still be able to apply, and provide matching funds for, capital construction grants if such funds were available; and the public would be guaranteed that the City would be permanently precluded from spending taxpayers' funds on swimming pool operation and maintenance except as would be otherwise specifically authorized by the voters.

FISCAL IMP ACT:
Undetermined.

RECOMMENDATION:
MOTION: Direct staff to prepare potential optional amendments to City Charter that would preclude the City from expending any public funds on the operation and maintenance of a public swimming pool except as would be otherwise specifically authorized by voter approval, and bring the matter back to the Council for further discussion at a future meeting.

Minutes from the Regular City Council Meeting 09/12/2016

Following Winkel's review of his report's contents, Caroline Mitchell introduced herself as a member of the pool board, stating that theirs is a 501 (c)(3) organization, and that she had voted against the Charter amendment proposal. She stated that it would be better to have the City's money used in Bandon, rather than being sent to Coos Bay/North Bend or Coquille. She stated that the group has researched the issue and feels that it can fund a local pool, and that it will support itself; they want the City's support.

Braun requested a definition of "support," as he felt that the City Council is supportive of the concept of a pool, but that it cannot be obligated for future financial support for operation and maintenance costs.

With regard to the City's money going elsewhere, Schamehorn clarified, "We agree that kids need to learn to swim, and right now we don't have a pool here, so we do contract with the City of Coquille through the Summer Recreation program ... Obviously, if we had a pool here, our Summer Recreation program would be contracting with your pool. .. "

There was some discussion of the fact that the Pool Committee vote to support the Charter amendment concept was a split vote, as Mitchell had indicated that she had voted against it, and further stated that individuals who were not on the board voted, as well, making the result somewhat "sketchy." She further stated that she felt it would be a waste of the taxpayers' money to put the issue on the ballot, as that money could be better spent on the pool project.
Carleton stated that it was obvious from Mitchell's comments that there was some confusion regarding the proposal, and Winkel explained that, as a result of discussion with the Pool Committee, a vote had been taken-with either 5-2 or 4-2 in favor-resulting in Winkel bringing the matter to the Council for discussion.

Hundhausen stated that, in her discussions with individuals, people were very concerned that the City not end up, at some future date, paying for the operation and maintenance of a pool. The proposed Charter amendment would simply reassure people that this would never happen, and they could all feel easy about supporting the pool. She stated that, perhaps if there were also some statement included which ensured the continuation of children being taught to swim through the Summer Recreation program, this would also be of some assurance to people.

It was noted that Winkel was to return to the Pool Committee to advise of the Council discussion of the matter, and it was agreed that the matter warrants further discussion. It will therefore be placed on the agenda for discussion at the next Regular Council Meeting.

REGULAR MEETING
OCTOBER 11, 2016, 7:00 P.M.
CITY COUNCIL CHAMBERS, 555 HIGHWAY 101, BANDON
AGENDA
5. PROCEEDINGS
 5.1 ACTION & DISCUSSION

5.1.1 Potential City Charter Amendment or Similar Prohibition Regarding Swimming
Pool Funding
 
5.1.2 Potential City Charter Amendment Regarding Swimming Pool Funding
Councilors had been provided with copies of a report from Winkel, stating: 
As the City Council is aware, the Bandon Community Swimming pool Development Corporation (aka Swimming Pool Committee) has been working on their proposed development of a public swimming pool in Bandon. They have been conducting fund raising activities and have purchased a 1O acre parcel immediately south of City Park as their proposed swimming pool site. The Committee would very much appreciate city support for the project, and believes that they can raise the necessary funds for the swimming pool construction and privately fund the continued operation and maintenance of the facility without any future expense or obligation of City funds. The major objection City staff has had to the project, and an objection heard from members of the public, is that once the swimming pool has been constructed it would not be able to support itself, and that responsibility would fall on the City. City Staff has met with the Committee on this issue, and the members are fully aware that staff continues to oppose the project for this reason, although the members maintain that this would not happen.
 
City staff and the Committee members have been working to determine whether there is a compromise that would allow the City Council to express their full support of the project, while at the same time ensuring that the public and taxpayers could not be obligated to the operation and maintenance of the swimming pool unless such financial participation was specifically approved by the voters. An idea that was generated through these meetings would be to propose that the City Council refer to the voters, possibly at one of the 2017 elections, the matter of a City Charter amendment that would preclude the City Council from authorizing the expenditure of any public funds on the operation and maintenance of a public swimming pool except as may be specifically authorized by voter approval. The Committee voted to support such a Charter amendment, and has requested that this item be placed on the agenda for City Council discussion.
 
Their feeling is that if the Council was prohibited by the City Charter from funding swimming pool operation and maintenance, then the Council would be free to express their full support for the project; the City and Urban Renewal would still be able to apply, and provide matching funds for, capital construction grants if such funds were available; and the public would be guaranteed that the City would be permanently precluded from spending taxpayers' funds on swimming pool operation and maintenance except as would be otherwise specifically authorized by the voters.

Video link to Bandon City Council meeting on October 11, 2016:
https://coosmediacenter.viebit.com/player.php?hash=rEWxvxX8fRfp

Link to more info on Planning Meeting: 
Bandon Planning Department Informally Platting a Pool that the Voters Rejected

Video link to the Bandon Planning Commission meeting on January 25, 2018: https://coosmediacenter.viebit.com/player.php?hash=o2WIWpQOqcKV

On February 2, 2018, my question to Bandon City Manager, Robert Mawson:
Can you tell me if the city ever passed or enacted an amendment to the city charter concerning the swimming pool?  Also, was the UR plan changed to reflect the city's wishes?  Sincerely, Rob Taylor

On February 5, 2018, the City Manager responds:
From: Robert Mawson
Sent: Monday, February 05, 2018 2:04 PM
To: Rob Taylor
Subject: RE: Need Clarification on Pool Amendment

 Hi Rob
The City has not moved to create a charter amendment addressing the swimming pool.  I am working now to address the Council’s direction, which was not limited to a charter amendment.  The swimming pool is still a part of the UR#2 Activities Plan. It was originally added, along with several other projects, as part of Amendment #2 back in 1991.    

 Robert J Mawson
City Manager

On February 5, 2018 According to the Mayor:
I put the swimming pool item on the agenda, so the council could give Robert direction. The motion, which passed 5-1 (Braun), said that the swimming pool would not be allowed to be put in city park, and that the city will not be entering into any kind of a public/private partnership with the swimming pool committee. In guiding the motion, I also suggested that we continue to work with the swimming pool committee in any way we can, and also suggested that before a swimming pool could possibly pay for itself, the people of the area would have to approve a taxing district. Or at the very least, submit the charter amendment ( which Robert opposes) to prohibit city money from going to the pool. That would still allow us to support their efforts, but not financially. And it would not indebt property tax payers. 
I would love to have a pool, and have pledged $5,000 of my own money, as has Madeline, but we cannot support something that the voters have already turned down ... and has such a high probability of failing.  Our first obligation MUST be to the taxpayers of Bandon. Period. Swimming pools across the country are closing, unless there is a taxing district to support the operation and maintenance.

Mayor Mary Schamehorn

2016-09-12 Bandon City Agenda
File Size: 35 kb
File Type: pdf
Download File

2016-10-11 Bandon Council Packet
File Size: 3028 kb
File Type: pdf
Download File

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