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Hearing requested on public use of city property
By Carol Broeder/Arizona Range News
More than 30 people showed up at last Monday's Willcox City Council meeting, ostensibly to discuss an agenda item that was quickly tabled.
Since its April 20 meeting, the council has been considering three proposed policies for public use of city facilities.
City Manager Pat McCourt had told the council at its May 4 meeting that staff "has not been able to locate any written documents on the subject," except for individual documents such as rental agreements.
"The purpose of adopting these policies would be to provide a consistent manner to deal with the use of city facilities, meeting rooms, and open space," he said.
"Staff believes these policies incorporate the existing practices and this is a proposal to document those practices and ensure equal treatment of all users," McCourt said.
While the proposed policies might make the process of scheduling city facilities more fair and equitable, the possibility exists that annual events such as Rex Allen Days and Wings Over Willcox could be "bumped" from their usual venues.
The decision item was removed from the May 4 agenda at the request of Vice Mayor Larry Schultz who was scheduled to be absent that evening.
A crowd filled council chambers on May 11, but the only one to speak was Joe Walker during call-to-the-public at the beginning of the meeting.
There are "individuals who just shut their mouths because of fear of retaliation," said Walker, who had expressed surprise at being the only one signed up for call-to-the-public.
Among other issues with the city, Walker talked about a spirit of non-cooperation with the citizens of Willcox, especially "in the last three or four years."
"The overall attitude is, if you don't like it, that's tough," he said. "Unless we go out and get an engineer, we don't have any rights or any authority."
Referring to treatment of volunteers, he mentioned issues facing the girls' softball league.
"The city can't afford lights for them, but there's a whole park dedicated to men's softball," he said. "I'm pretty sure the parks belong to us. I would like to see the city employees attitudes change."
Unable to respond during call to the public, Mayor Sam Lindsey nonetheless suggested that Walker make an appointment with McCourt to discuss these issues.
(Phone messages seeking a response from Dave Bonner, the city's director of public services and works, were not returned as of press time.)
When it came time to discuss the three proposed city policies, Schultz said, "With these policies we are beginning to regulate the volunteer workforce for the City of Willcox."
"We need to work with these people," he said.
With the city eyeing cutbacks in the upcoming budget year, it needs the volunteers who "bring events into town for generating revenue," said Schultz.
"We need to do more of that," he said.
Schultz called for public work sessions on the proposed policies "so we can discuss them with the people who pay the bills."
He then asked his fellow council members to table the three agenda items dealing with the proposed policies.
The motion carried five to two, with nay votes cast by Lindsey and Councilwoman Monika Cronberg.
"We basically just shut down conversation," Cronberg said immediately after the vote.
The majority of the audience then walked out of council chambers, and the council moved on to the next item on the agenda.
Toward the end of the meeting, when council members are allowed to make comments not for discussion, Cronberg thanked city staff "for having a fine attitude, even when it's tough sometimes."
"Thanks for all your hard work," said Councilman Chris Donahue. "I don't have anything else to say right now that would be civil."
"When the going gets tough, the staff gets going," added Councilman Woody Johnson.
Schultz later explained that he did invite some, but not all, of the volunteers who showed up for the meeting that night, though not necessarily to speak.
He said that while he agrees the city staff does a good job, "I think we do need to listen to the public."
Councilman Stephen Klump said that he hoped the 30-plus people who left would come back to another meeting for a discussion.
A summary of the city's proposed policies follows.
Meeting rooms/spaces
The proposed policy for city-owned meeting rooms and spaces states that they are primarily for the use of the city in conducting city business.
The city will permit their use, in order of preference, by other governmental entities, including state and federal elected officials for nonpolitical purposes; non-profit entities, and individuals.
It must not "cause a disruption in the delivery of services to the public, and does not cause the public to incur additional expense of operation."
Meeting rooms will not be used for non-city commercial purposes, the policy states.
Federal law prohibits the city from discriminating on the basis of race, color, national origin, sex, age or disability.
The city manager will assign an individual to each public building to schedule any available meeting rooms in that building and to ensure adherence to the policy.
The proposed policy states that the city always has first preference and may relocate or cancel any scheduled use of the room for any other entity to accommodate the city's needs.
If the city incurs any extra costs due to nonprofit entities or individuals using the room, they must pay that additional cost. Examples given are lighting, heating, cooling, equipment, and staff time for opening or closing.
There will be no charge if the user is a governmental entity and the costs are nominal.
Open Recreational Space
Examples of city owned and maintained open space includes baseball fields, soccer fields, ramadas, playgrounds, Railroad Park, basketball courts, parking areas, city streets, golf courses, and the skateboard area.
Open spaces can frequently "support multiple uses by numerous users and it is not appropriate to reserve the space for the exclusive use of one user," and under most circumstances there is no need to reserve the space.
"The open space has generally unrestricted access to all members of the public and is primarily for use by the general public," the policy states. "The city is receptive to permitting groups, organizations and individuals the use of the space for limited times and dates."
The purpose behind the policy "is to protect the public's use of this open space while allowing the user the ability to reserve the areas for specific events and times."
"On occasion when intense activities are planned the city will provide for use of the reservation of the space for single occasions (carnivals, car shows), or in the case of group seasonal sport activities (baseball, soccer, football, etc.) for extended periods of time."
All types of individuals and organizations may use the property including but not limited to political, religious, civic, governmental, non-profit and for profit, the policy states.
If the user wishes to reserve use of the open space for an extended period of time, such as for the baseball season, then the user must enter into an agreement with the city.
If there are additional costs to the city over what is normally provided to the public, then the user will be required to pay fees to cover those costs. Examples include lime for marking baselines, electricity for operating field lights after dark, or city employees to perform services during use.
City Facilities
This policy covers city-owned facilities such as Quail Drive Sports Park; Community Center; and Keiller Park, except for baseball fields, which are covered in a separate policy.
The purpose behind this policy "is to provide a uniform way to make city facilities available to the public."
Any group, organization, or individual who wishes to use a city owned facility, must reserve it in advance. It may be reserved up to one year in advance of the scheduled event.
However, the facility is not considered reserved until "the application forms are properly and completely filled out; the deposit is paid; and the forms are on file in the public works office."
The city may reserve facilities for city-sponsored events, however it may not "bump" a scheduled event in order to provide a city-sponsored event, the proposed policy states.
A $50 deposit is required for use of a city facility for any day or portion of a day.
It will be refunded if written notice of cancellation is received more than 90 days prior to the event, otherwise the deposit is forfeited.
"This is to ensure all members of the public who may wish to schedule the facility have a fair opportunity to schedule and to permit the public (through the city) to receive fees for use of the facilities," the proposed policy states.
Since its April 20 meeting, the council has been considering three proposed policies for public use of city facilities.
City Manager Pat McCourt had told the council at its May 4 meeting that staff "has not been able to locate any written documents on the subject," except for individual documents such as rental agreements.
"The purpose of adopting these policies would be to provide a consistent manner to deal with the use of city facilities, meeting rooms, and open space," he said.
"Staff believes these policies incorporate the existing practices and this is a proposal to document those practices and ensure equal treatment of all users," McCourt said.
While the proposed policies might make the process of scheduling city facilities more fair and equitable, the possibility exists that annual events such as Rex Allen Days and Wings Over Willcox could be "bumped" from their usual venues.
The decision item was removed from the May 4 agenda at the request of Vice Mayor Larry Schultz who was scheduled to be absent that evening.
A crowd filled council chambers on May 11, but the only one to speak was Joe Walker during call-to-the-public at the beginning of the meeting.
There are "individuals who just shut their mouths because of fear of retaliation," said Walker, who had expressed surprise at being the only one signed up for call-to-the-public.
Among other issues with the city, Walker talked about a spirit of non-cooperation with the citizens of Willcox, especially "in the last three or four years."
"The overall attitude is, if you don't like it, that's tough," he said. "Unless we go out and get an engineer, we don't have any rights or any authority."
Referring to treatment of volunteers, he mentioned issues facing the girls' softball league.
"The city can't afford lights for them, but there's a whole park dedicated to men's softball," he said. "I'm pretty sure the parks belong to us. I would like to see the city employees attitudes change."
Unable to respond during call to the public, Mayor Sam Lindsey nonetheless suggested that Walker make an appointment with McCourt to discuss these issues.
(Phone messages seeking a response from Dave Bonner, the city's director of public services and works, were not returned as of press time.)
When it came time to discuss the three proposed city policies, Schultz said, "With these policies we are beginning to regulate the volunteer workforce for the City of Willcox."
"We need to work with these people," he said.
With the city eyeing cutbacks in the upcoming budget year, it needs the volunteers who "bring events into town for generating revenue," said Schultz.
"We need to do more of that," he said.
Schultz called for public work sessions on the proposed policies "so we can discuss them with the people who pay the bills."
He then asked his fellow council members to table the three agenda items dealing with the proposed policies.
The motion carried five to two, with nay votes cast by Lindsey and Councilwoman Monika Cronberg.
"We basically just shut down conversation," Cronberg said immediately after the vote.
The majority of the audience then walked out of council chambers, and the council moved on to the next item on the agenda.
Toward the end of the meeting, when council members are allowed to make comments not for discussion, Cronberg thanked city staff "for having a fine attitude, even when it's tough sometimes."
"Thanks for all your hard work," said Councilman Chris Donahue. "I don't have anything else to say right now that would be civil."
"When the going gets tough, the staff gets going," added Councilman Woody Johnson.
Schultz later explained that he did invite some, but not all, of the volunteers who showed up for the meeting that night, though not necessarily to speak.
He said that while he agrees the city staff does a good job, "I think we do need to listen to the public."
Councilman Stephen Klump said that he hoped the 30-plus people who left would come back to another meeting for a discussion.
A summary of the city's proposed policies follows.
The proposed policy for city-owned meeting rooms and spaces states that they are primarily for the use of the city in conducting city business.
The city will permit their use, in order of preference, by other governmental entities, including state and federal elected officials for nonpolitical purposes; non-profit entities, and individuals.
It must not "cause a disruption in the delivery of services to the public, and does not cause the public to incur additional expense of operation."
Meeting rooms will not be used for non-city commercial purposes, the policy states.
Federal law prohibits the city from discriminating on the basis of race, color, national origin, sex, age or disability.
The city manager will assign an individual to each public building to schedule any available meeting rooms in that building and to ensure adherence to the policy.
The proposed policy states that the city always has first preference and may relocate or cancel any scheduled use of the room for any other entity to accommodate the city's needs.
If the city incurs any extra costs due to nonprofit entities or individuals using the room, they must pay that additional cost. Examples given are lighting, heating, cooling, equipment, and staff time for opening or closing.
There will be no charge if the user is a governmental entity and the costs are nominal.
Examples of city owned and maintained open space includes baseball fields, soccer fields, ramadas, playgrounds, Railroad Park, basketball courts, parking areas, city streets, golf courses, and the skateboard area.
Open spaces can frequently "support multiple uses by numerous users and it is not appropriate to reserve the space for the exclusive use of one user," and under most circumstances there is no need to reserve the space.
"The open space has generally unrestricted access to all members of the public and is primarily for use by the general public," the policy states. "The city is receptive to permitting groups, organizations and individuals the use of the space for limited times and dates."
The purpose behind the policy "is to protect the public's use of this open space while allowing the user the ability to reserve the areas for specific events and times."
"On occasion when intense activities are planned the city will provide for use of the reservation of the space for single occasions (carnivals, car shows), or in the case of group seasonal sport activities (baseball, soccer, football, etc.) for extended periods of time."
All types of individuals and organizations may use the property including but not limited to political, religious, civic, governmental, non-profit and for profit, the policy states.
If the user wishes to reserve use of the open space for an extended period of time, such as for the baseball season, then the user must enter into an agreement with the city.
If there are additional costs to the city over what is normally provided to the public, then the user will be required to pay fees to cover those costs. Examples include lime for marking baselines, electricity for operating field lights after dark, or city employees to perform services during use.
This policy covers city-owned facilities such as Quail Drive Sports Park; Community Center; and Keiller Park, except for baseball fields, which are covered in a separate policy.
The purpose behind this policy "is to provide a uniform way to make city facilities available to the public."
Any group, organization, or individual who wishes to use a city owned facility, must reserve it in advance. It may be reserved up to one year in advance of the scheduled event.
However, the facility is not considered reserved until "the application forms are properly and completely filled out; the deposit is paid; and the forms are on file in the public works office."
The city may reserve facilities for city-sponsored events, however it may not "bump" a scheduled event in order to provide a city-sponsored event, the proposed policy states.
A $50 deposit is required for use of a city facility for any day or portion of a day.
It will be refunded if written notice of cancellation is received more than 90 days prior to the event, otherwise the deposit is forfeited.
"This is to ensure all members of the public who may wish to schedule the facility have a fair opportunity to schedule and to permit the public (through the city) to receive fees for use of the facilities," the proposed policy states.
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The following are comments from the readers. In no way do they represent the view of willcoxrangenews.com.
Mike Jackson wrote on May 28, 2009 7:34 AM: