CITY of SILVERTON CITY COUNCIL MEETING AGENDA Silverton Community Center – Council Chambers – 421 South Water St

CITY OF SILVERTON CITY COUNCIL MEETING AGENDA Silverton Community Center – Council Chambers – 421 South Water St. Americans with Disabilities Act – The City of Silverton intends to comply with the A.D.A. The meeting location is accessible to individuals needing special accommodations such as a sign language interpreter, headphones, or other special accommodations for the hearing impaired. To participate, please contact the City Clerk at 503- 874-2216 at least 48 hours prior to the meeting.

A copy of the packet and materials, not privileged information under Executive Session Meetings Law, are available for review Monday through Friday 8:00 am to 5:00 pm in the City Manager’s Office at the Silverton City Hall, located at 306 South Water Street. All documents will be available on our website at www.silverton.or.us.

Monday, April 3, 2017, 6:15 PM

I. OPENING CEREMONIES – Call To Order, Pledge Of Allegiance & Roll Call

II. APPROVAL OF MINUTES – Minutes from the Special Meeting held February 27, 2017 and the Regular Meeting held March 6, 2017.

III. OATHS OF OFFICE/PUBLIC RECOGNITION

3.1 Proclamation – Child Abuse Prevention Month

IV. PUBLIC COMMENT – This is a business meeting of the City Council. The City values and welcomes public input. Please address the Council as a whole and not individual Council Members. Do not address Staff or members of the audience. Council action on items brought up in Public Comment is limited by the Open Meeting Law. The Council may direct Staff to study the matter and reschedule for further consideration at a later date. Items on the agenda will not be heard or discussed during Public Comment, but will be accepted at that place on the Agenda. Individuals are limited to three (3) minutes.

V. SCHEDULED PRESENTATIONS –

5.1 Chamber Of Commerce Monthly Report

5.2 Tobacco Policy Feasibility Assessment – Marion County Health Department

5.3 City Council applicant presentations

5.4 Public comment regarding City Council applicant presentations

VI. PUBLIC HEARING – None Scheduled

VII. CONSENT AGENDA –

7.1 Resolution No. 17-16 – A resolution adopting the FY 17-18 City Council Goals

7.2 Resolution No. 17-17 – A Resolution To Transfer Funds To Cover Costs Associated With Roadway Preparation Work Necessary for 2017 Slurry Seal Project

7.3 Resolution No. 17-18 – A Resolution To Transfer Funds To Purchase Hydrated Lime For The Wastewater Treatment Plant and Cover Additional Costs Related to the UV System Replacement

7.4 Resolution No. 17-19 – A resolution ratifying the termination of the Purchase and Sale Agreement with Stumptown Properties, LLC

VIII. DISCUSSION/ACTION ITEMS –

8.1 Ordinance No. 17-06 – An Ordinance of the Silverton City Council amending Silverton Municipal Code; Title 3, Chapter 3.15 to align the chapter’s terms with Oregon Department Of Revenue collection of tax and declaring an emergency

8.2 Special Event Application Request by the Oregon Garden

8.3 Discussion of the Silverton City Council applicants and selection of finalists for April 17, 2017 interviews

IX. APPOINTMENTS TO COMMITTEES AND ADVISORY GROUPS – None Scheduled

X. COUNCIL DISCUSSION –

10.1 City Manager Update

10.2 Council Communications

XI. EXECUTIVE SESSION – None Scheduled

XII. ADJOURNMENT –

1 CITY OF SILVERTON 2 CITY COUNCIL MINUTES 3 Silverton Community Center – Council Chambers – 421 South Water St. 4 5 February 27, 2017, 5:45 p.m. 6 7 OPENING CEREMONIES – Call To Order, Pledge Of Allegiance & Roll Call 8 9 Council President Palmer called the Meeting to order at 5:45 p.m.

10 Present Absent 11 Mayor 12 Vacant 13

14 Council President 15 X Kyle Palmer 16 17 X Jim Sears 18 19 X Matt Plummer 20 21 X Dana Smith 22 23 X Laurie Carter 24 X Jason Freilinger 25 26 27 Staff Present: 28 City Manager, Christy Wurster and City Clerk, Lisa Figueroa 29 30 I. Discussion on filling the City Council vacancy and appointment of a new Mayor 31 32 City Manager Christy Wurster, provided the staff report. She noted former Mayor Rick Lewis tendered his 33 resignation on February 23, 2017 following his appointment as State Representative House District 18. 34 She said a copy of his letter is included in the packet. She said the Council must now determine how to fill 35 the vacant Mayor position as well as the open seat on the Council. She indicated the process to fill the 36 vacancy is outlined under Chapter 7; Sections 32 and 33 of the City Charter. She listed the options 37 available to the Council, and recommended the Council appoint a Mayor from the remaining Council 38 members, appoint a Council president, and then hold an open recruitment process for the vacant seat. 39 She indicated that staff is prepared to swear-in the Mayor tonight if one is selected. 40 41 City Manager Wurster noted two e-mails were received from citizens, one from Ken Hector, who is 42 interested in filling the vacancy; and the other one from Sarah Reif, recommending Jaime Fuhrman to fill 43 the vacancy. 44 45 Councilor Freilinger agreed with the City Manager’s recommendation in appointing the Mayor. Councilor 46 Freilinger moved to appoint Kyle Palmer as Mayor. Councilor Smith seconded the motion. 47 48 Councilor Carter said she was going to recommend going to the election but since the Charter specifies 49 they appoint a Mayor among themselves she is ok with the recommendation. Councilor Sears asked for a 50 clarification on the process. There was discussion on the process. 51 52 Following discussion Councilor Freilinger withdrew his motion. 53

February 27, 2016 City of Silverton City Council Meeting Minutes Page 1 of 3

1 Councilor Freilinger moved to follow a process as set; to elect a Mayor from within the Council, then host 2 an opening to the public for 30 days to look for a replacement Council person who meets the minimum 3 criteria. Councilor Sears seconded the motion. 4 5 Councilor Smith suggested amending the motion to elect a Council President from within the Council if 6 required. 7 8 Councilor Freilinger moved to follow a process as set; to elect a Mayor from within the Council, and then 9 elect a Council President from within the Council if required, and then post a position to the public for 30 10 days, requiring them to meet the minimum requirements, and allowing the entire Council to be engaged in 11 the process of selecting a replacement. Councilor Sears seconded the motion and it carried as follows: 12 13 Aye: Jim Sears 14 Jason Freilinger 15 Dana Smith 16 Kyle Palmer 17 Laurie Carter 18 Matt Plummer 19 Nay: None 20 21 Councilor Freilinger moved to appoint Kyle Palmer as Mayor. Councilor Sears seconded the motion and it 22 carried as follows: 23 24 Aye: Jim Sears 25 Jason Freilinger 26 Dana Smith 27 Kyle Palmer 28 Laurie Carter 29 Matt Plummer 30 Nay: None 31 32 Councilor Carter moved to appoint herself as Council President. 33 34 Council President Palmer nominated Councilor Freilinger as Council President. 35 36 Following discussion the vote to elect Councilor Freilinger as Council President carried as follows: 37 38 Aye: Jim Sears 39 Jason Freilinger 40 Dana Smith 41 Kyle Palmer 42 Matt Plummer 43 Nay: Laurie Carter 44 45 There was further deliberation, and Councilor Freilinger moved to post the opening through the media 46 about the vacancy on City Council to expire on March 24, 2017 and to hold interviews on April 3, 2017. 47 Councilor Smith seconded the motion. 48 49 Councilor Sears expressed concern that the Council just approved a recruitment process for 30 days and 50 questioned whether it should be changed. The Council deliberated the issue and City Manager Wurster 51 stated there would be sufficient time to post the recruitment for 30 days. Following discussion, the 52 Council amended the motion to post the recruitment for thirty days and the motion carried as follows: 53 54 Aye: Jim Sears 55 Jason Freilinger 56 Dana Smith

February 27, 2016 City of Silverton City Council Meeting Minutes Page 2 of 3

1 Kyle Palmer 2 Laurie Carter 3 Matt Plummer 4 Nay: None 5 6 City Clerk, Lisa Figueroa conducted the Oath of Office for Mayor Palmer. 7 8 Mayor Palmer thanked the Council for their support in electing him as Mayor and he thanked former 9 Mayor Lewis. 10 11 I. Adjournment 12 13 The Meeting adjourned at 6:04 p.m. 14 15 Respectfully Submitted By: 16 17 18 19 /s/Lisa Figueroa, 20 Silverton City Clerk

February 27, 2016 City of Silverton City Council Meeting Minutes Page 3 of 3

1 CITY OF SILVERTON 2 CITY COUNCIL MINUTES 3 Silverton Community Center – Council Chambers – 421 South Water St. 4 5 MONDAY, March 6, 2017, 7:00 PM 6 7 I. OPENING CEREMONIES – Call To Order, Pledge Of Allegiance & Roll Call 8 9 Mayor Lewis called the Meeting to order at 7:03 p.m.

10 Present Absent 11 Mayor 12 X Kyle Palmer 13

14 Council President 15 X Jason Freilinger 16 17 X Jim Sears 18 19 X Matt Plummer 20 21 X Dana Smith 22 23 X Laurie Carter 24 Vacant 25 26 27 Staff Present: 28 City Manager, Christy Wurster; Chief of Police, Jeff Fossholm; Public Works Director, Christian Saxe; 29 Community Development Director, Jason Gottgetreu; and City Clerk, Lisa Figueroa 30 31 II. APPROVAL OF MINUTES 32 33 Councilor Carter moved to approve the minutes from the Regular Meeting held February 6, 2017. 34 Councilor Plummer seconded the motion. 35 36 Councilor Smith suggested a clarification on page 3 of 12 on line 51. The Council agreed the line should 37 read as, “…properties along West Second St….” Councilor Carter noted she wanted to make sure a copy 38 of the General Street Tree Health Assessment was included in the record. City Manager Christy Wurster 39 indicated the assessment is part of the record. Following discussion, the motion carried as follows: 40 41 Aye: Jim Sears 42 Matt Plummer 43 Dana Smith 44 Rick Lewis 45 Kyle Palmer 46 Laurie Carter 47 Jason Freilinger 48 Nay: None 49 50 III. OATHS OF OFFICE/PUBLIC RECOGNITION 51 52 There were none scheduled. 53 54

March 6, 2017 City of Silverton City Council Meeting Minutes Page 1 of 7

1 IV. PUBLIC COMMENT – 2 3 Victor Madge, 514 S. Water St.; addressed the Council. He indicated he sent a letter to the Council 4 regarding the transferability of a grant. He said he would like to see the Urban Renewal Agency (URA) 5 put into effect language that would allow a grant to be transferrable between property owners. He said he 6 feels in certain cases the opportunity should exist if a new owner purchases a property, wants to 7 complete the same project that went before the URA and can prove they would be able to pay it back. 8 Community Development Director Jason Gottgetreu indicated property owners could apply for 9 improvement grants or theoretical projects to increase the marketability of their property that is for sale, 10 and in turn, raise the price of their property because the value of the grant is connected with the property. 11 12 Scott Walker, 717 Eureka Avenue; addressed the Council. He said the City intended to create a City park 13 with the sale of the Pettit property. He said that Master Plan process has not moved forward, the park has 14 not been built yet and he encouraged the Council to include that as one of their goals. 15 16 Charles Baldwin, 3301 Seminole Rd; representative for the Friends of the East Trails committee, 17 referenced posters he distributed to the Council. He said the bike committee is hosting an Active 18 Transportation Tourism Conference on March 15. He said the bike committee hopes to include a trail from 19 the Oregon Garden to the newly developed City park, in hopes that it would allow some camping sites for 20 cyclists. 21 22 Rob Chadwick, 939 Western Avenue; commented on the water rates. He said he believes there is a flaw 23 in the winter averaging for rates. He said he has lived in the City for 15 months and has not seen a winter 24 average yet. He suggested the City look at the city overhead transfer for the public works department. He 25 commented on the utility assistance program and asked the Council to review the transfers since none of 26 the other departments have transfers. Staff offered a brief explanation and Council invited Mr. Chadwick 27 to attend the Budget Committee meetings. 28 29 V. SCHEDULED PRESENTATIONS – 30 31 5.1 Chamber Of Commerce Monthly Report 32 33 Executive Director, Stacy Palmer, presented the monthly report. She said there was a total of 6,382 34 contacts made last month. She listed new Chambers members. She noted the three main goals for 2017: 35 36 1. Marketing of Silverton and its businesses 37 2. Member and business development, and 38 3. Looking at how to create a brand for Silverton 39 40 She said the Chamber received over 43 grant applications for proceeds from Judy’s party and listed 41 upcoming Chamber events, including the weekly business meetings. She commented on the downtown 42 kiosk installed, but indicated it does not have any flashing to protect the printed map inside the plastic. 43 44 5.2 Financial Audit – Boldt, Carlisle & Smith 45 46 Brad Bingenheimer, of Boldt, Carlisle & Smith presented the Audit Report to the City. He said the report is 47 an unmodified opinion. He said the General Fund total revenues were $3.8 million, and there was just 48 over $4.6 million in actual planned expenditures. He said the sewer fund had a slight decrease. He said 49 as part of every audit they consider internal controls, He said they did not find any internal controls, which 50 would have been reported in a separate document. He indicated they also conducted a separate audit on 51 the Urban Renewal Agency and did not find any issues to report. 52 53 VI. PUBLIC HEARING 54 55 There were no Public Hearings scheduled. 56

March 6, 2017 City of Silverton City Council Meeting Minutes Page 2 of 7

1 VII. CONSENT AGENDA 2 3 Councilor Carter requested to remove Agenda Item 7.1 for discussion. 4 5 Councilor Freilinger moved to approve the Consent Agenda, which included Agenda Items 7.2, 7.3, 7.4, 6 7.5, and 7.6. Councilor Smith seconded the motion and it carried as follows: 7 8 Aye: Jim Sears 9 Matt Plummer 10 Dana Smith 11 Rick Lewis 12 Kyle Palmer 13 Laurie Carter 14 Jason Freilinger 15 Nay: None 16 17 7.2 Liquor License Application – (New – Brewery Public House), Silver Falls Brewery, LLC DBA: 18 Silver Falls Brewery Ale House 19 20 7.3 Resolution No. 17-11 — A Resolution To Transfer Funds To Cover Costs Associated With 21 Snow Storm Management 22 23 24 7.4 Authorize the City Manager To Sign the Department Of Revenue Intergovernmental Offset- 25 Only Collection Services Agreement 26 27 7.5 Resolution No. 17-12 – A Resolution To Authorize Signers On City Bank Accounts 28 29 7.6 Resolution No. 17-13 – A Resolution Recommending Restoring Recreational Immunity 30 Rights 31 32 7.1 Liquor License Application – (New off premises sales), Nightingale Ventures, LLC DBA: Live 33 Local Marketplace 34 35 Councilor Carter asked what kind of liquor would be served and where. Councilor Freilinger said it would 36 be sold in bottles for people to take off premises. Joshua Nightingale, owner of the Silver Creek Coffee 37 House, clarified he intends to sell locally owned sealed bottles of beer or wine to be consumed off 38 premises. 39 40 Councilor Smith moved to approve Agenda Item 7.1. Councilor Freilinger seconded the motion and it 41 carried as follows: 42 43 Aye: Jim Sears 44 Matt Plummer 45 Dana Smith 46 Rick Lewis 47 Kyle Palmer 48 Laurie Carter 49 Jason Freilinger 50 Nay: None 51 52 53 54 55 56

March 6, 2017 City of Silverton City Council Meeting Minutes Page 3 of 7

1 VIII. DISCUSSION/ACTION ITEMS 2 3 8.1 Contract Change Order - 2016-17 Sanitary Sewer CIPP Rehabilitation Project 4 5 Public Works Director Christian Saxe presented the staff report. He said the City found it does not need 6 to relocate the pipe but rather be rehabilitated using the Cured In Place Pipe process. Michels Corp is 7 willing to allow the city to extend the unit bid prices for the 15-inch CIPP liner and service line 8 reconnections for a total cost of $62,140.19. This total includes a 10% contingency amount and 9 represents a savings of almost $200,000 to the City. 10 11 Councilor Smith recalled a portion of the section was not in the public right-of-way. Public Works Director 12 Saxe said the City gained two easements, one section included a manhole cover and the other included 13 a section of pipe. He said one building exists over the sewer line and if the City relocates the sewer 14 main, there is potential the City would have to reconnect a new lateral under the foundation of that house 15 with unknown associated costs. The Council asked if the process reduces the capacity. Public Works 16 Director Saxe said there is a marginal reduction. 17 18 Councilor Carter moved to approve the contract change order Contract Change Order #1 to Michels 19 Corporation in the amount of $62,140.19. Councilor Sears seconded the motion and it carried as follows: 20 21 Aye: Jim Sears 22 Matt Plummer 23 Dana Smith 24 Rick Lewis 25 Kyle Palmer 26 Laurie Carter 27 Jason Freilinger 28 Nay: None 29 30 8.2 Ordinance No. 17-05 - Amend The Silverton Municipal Code Title 8, Health And Safety; 31 Chapter 8.08 Increasing The Environmental Management Committee Membership 32 33 City Manager Wurster indicated a correct copy of the ordinance was distributed before the meeting. She 34 said the purpose is to increase the membership of the Committee from five to seven members. 35 36 Councilor Carter moved to have the first reading of Ordinance No. 17-05, An Ordinance Of The Silverton 37 City Council Amending Chapter 8.08 Of The Silverton Municipal Code Through The Addition Of Citizen 38 Members To The Environmental Management Committee. Councilor Freilinger seconded the motion and 39 it carried as follows: 40 41 Aye: Jim Sears 42 Matt Plummer 43 Dana Smith 44 Rick Lewis 45 Kyle Palmer 46 Laurie Carter 47 Jason Freilinger 48 Nay: None 49 50 City Manager Wurster read Ordinance No. 17-05 by title only. 51 52 Councilor Carter moved to pass Ordinance No. 17-05, An Ordinance Of The Silverton City Council 53 Amending Chapter 8.08 Of The Silverton Municipal Code Through The Addition Of Citizen Members To 54 The Environmental Management Committee on its first reading. 55 56

March 6, 2017 City of Silverton City Council Meeting Minutes Page 4 of 7

1 Councilor Frelinger seconded the motion and it carried as follows: 2 3 Aye: Jim Sears 4 Matt Plummer 5 Dana Smith 6 Rick Lewis 7 Kyle Palmer 8 Laurie Carter 9 Jason Freilinger 10 Nay: None 11 12 Councilor Carter moved to have the second reading of Ordinance No. 17-05, Ordinance No. 17-05, An 13 Ordinance Of The Silverton City Council Amending Chapter 8.08 Of The Silverton Municipal Code 14 Through The Addition Of Citizen Members To The Environmental Management Committee. Councilor 15 Freilinger seconded the motion and it carried as follows: 16 17 Aye: Jim Sears 18 Matt Plummer 19 Dana Smith 20 Rick Lewis 21 Kyle Palmer 22 Laurie Carter 23 Jason Freilinger 24 Nay: None 25 26 City Manager Wurster read Ordinance No. 17-05 by title only. 27 28 Councilor Carter moved to adopt Ordinance No. 17-05, An Ordinance Of The Silverton City Council 29 Amending Chapter 8.08 Of The Silverton Municipal Code Through The Addition Of Citizen Members To 30 The Environmental Management Committee on its second and final reading. Councilor Freilinger 31 seconded the motion and it carried as follows: 32 33 Aye: Jim Sears 34 Matt Plummer 35 Dana Smith 36 Rick Lewis 37 Kyle Palmer 38 Laurie Carter 39 Jason Freilinger 40 Nay: None 41 42 City Manager Wurster indicated Staff would hold a recruitment process, schedule interviews with the 43 Mayor, and then bring back his recommendation at a future meeting. The Council supported that process. 44 Councilor Smith suggested the round of applicants that recently applied should be included during this 45 process. 46 47 8.3 Discussion and Motion on Partition Settlement Agreement 48 49 Community Development Director Gottgetreu provided the staff report and recommended the Council 50 authorize the City Manager sign a settlement agreement to resolve an appeal on Partition Application, 51 PA-16-03, which was agreed to by all parties involved. 52 53 Councilor Smith moved to approve settlement agreement that has been agreed to by all the parties. 54 Councilor Carter seconded the motion and it carried as follows: 55 56 Aye: Jim Sears

March 6, 2017 City of Silverton City Council Meeting Minutes Page 5 of 7

1 Matt Plummer 2 Dana Smith 3 Rick Lewis 4 Kyle Palmer 5 Laurie Carter 6 Jason Freilinger 7 Nay: None 8 9 IX. APPOINTMENTS TO COMMITTEES AND ADVISORY GROUPS 10 11 There were no appointments scheduled. 12 13 X. COUNCIL DISCUSSION 14 15 10.1 City Manager Update 16 17 City Manager Wurster said staff will participate at a job fair for Silverton Area Community Aid (SACA) on 18 March 20, between 11:00 a.m. to 2:00 p.m. at the community center. She said she met with Nick Harville 19 of SEDCOR and the Chamber of Commerce Executive Director, Stacy Palmer to partner in the Business 20 Retention and Expansion (BR&E) survey and they are looking for volunteers to assist with the survey. 21 Councilor Smith said she volunteered previously and no one was aware of the survey. City Manager 22 Wurster said once the volunteers are recruited, letters will be sent to business owners regarding the 23 survey. She stated it is time for the Council to file their Statement of Economic Interest form and to watch 24 for a reminder e-mail. She updated the Council on the status of the City Council vacancy recruitment and 25 the upcoming Council goal setting meeting. 26 27 10.2 Council Communications 28 29 Councilor Smith asked about the Public Works report. She asked about Oak Street and the Right-of-Way. 30 Public Works Director Saxe said the City was able to obtain the corner radius for the ADA ramp and 31 sidewalk down Oak Street. He said there will be a safe place for pedestrians to cross on Steelhammer. 32 She asked about the details of the open house on March 23. 33 34 Councilor Plummer noted the March 15 active transportation meeting again. 35 36 Councilor Smith said she attended a Threat Hazard Identification Risk Assessment meeting on February 37 22, and commented on making sure the information is distributed to Spanish speaking households as 38 well. She stated there is a bowling fundraiser for the YMCA on March 17. 39 40 Councilor Freilinger distributed a handout in regards to HB 2828, to the Council and asked they consider 41 two resolutions; 1. To urge the Legislature to use a 2015 study 2. The City do something to support the 42 Legislature to look at healthcare costs for all Oregonians. He said he would like the Council to consider it 43 before the March 13 meeting. The Council discussed Councilor Freilinger’s request and agreed to have a 44 Special Meeting on Monday, March 13. City Manager Wurster said she spoke with the Legislative 45 Contact for the League of Oregon Cities, who questioned whether the Bill number is an appropriate 46 number. Councilor Freilinger said he would confirm that information. 47 48 Councilor Carter noted the February 14 meeting of the Oregon Garden was the annual meeting. She said 49 there is an expansion planned for the conifer garden. She said she heard there are people living in trailers 50 on the Anderson property on Church Street. 51 52 Councilor Sears asked if there would be another opportunity for he and Councilor Carter to review the 53 goals after next week’s work session. City Manager Wurster stated once the goals are finalized, they will 54 go before the Council in a future meeting for adoption. Councilor Sears said he would like to see a goal to 55 help the Northside Addition neighborhood. 56

March 6, 2017 City of Silverton City Council Meeting Minutes Page 6 of 7

1 Mayor Palmer noted this Saturday is the 2nd annual Rotary daddy and daughter dance. He thanked the 2 public for their support for the last minute transition following Mayor Lewis’ resignation and congratulated 3 Representative Rick Lewis on his appointment to the State Legislature. 4 5 XI. EXECUTIVE SESSION 6 7 There were none scheduled. 8 9 XII. ADJOURNMENT 10 11 The Meeting adjourned at 8:34 p.m. 12 13 Respectfully Submitted By: 14 15 16 /s/Lisa Figueroa, City Clerk

March 6, 2017 City of Silverton City Council Meeting Minutes Page 7 of 7

AGENDA ITEM III

OATHS OF OFFICE – PUBLIC RECOGNITION

CITY OF SILVERTON PROCLAMATION

CHILD ABUSE PREVENTION MONTH

This matter came before the Silverton City Council at its regularly scheduled meeting of April 6, 2015, to proclaim April as Child Abuse Prevention Month.

WHEREAS, every child deserves to live in a safe, loving and caring family environment; and

WHEREAS, in 2015 there were 10,402 reported victims of child abuse and neglect in Oregon. Of those reported cases, 823 were victims in Marion County; and

WHEREAS, we endeavor to join together as individuals, organizations, and government agencies to prevent child abuse in our county by providing opportunities to educate, train, and support caregivers by raising awareness of relevant topics, including child development, basic-care skills, discipline strategies, and goal-setting for parents; and

WHEREAS, by strengthening families and providing safe, stable, and nurturing environments that are free from violence, abuse, and neglect, opportunities are created for children’s optimal growth and success, ensuring a secure future for our communities, where the needs of children are a priority and the needs of families are met;

NOW THEREFORE, the Mayor of the City of Silverton does hereby proclaim April 2017, as:

“CHILD ABUSE PREVENTION MONTH”

And asks everyone to join together in protecting our children.

IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of Silverton to be affixed this 3rd day of April, 2017.

Mayor Kyle Palmer APRIL 2017

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AGENDA ITEM V.

SCHEDULED PRESENTATIONS

Agenda Item 5.2, Tobacco Policy Feasibility Assessment Community Readiness/Political Feasibility Assessment For Tobacco Policy Initiatives: Silverton

Policymakers in Silverton were read a list of policy options, focused on the retail environment, that have been shown to reduce tobacco use among youth and adults. Their responses on whether they would favor or oppose policy options in their community are depicted in the graph below. 4 Support Need more Info/Neutral/Not sure Oppose 3

1 Number of Interviewees

0 A B C D E F G H I J K Tobacco Retail Environment Policy A. Fine businesses that are found to sell tobacco to minors B. Require businesses that sell tobacco products to have a license so that they can be held accountable if they violate local, state and federal tobacco laws C. Prohibit the sale of non-cigarette products like chewing tobacco and e-cigarettes or other electronic nicotine delivery systems that contain flavorings most attractive to youth (examples: bubble gum and cotton candy) D. Prohibit self-service access to non-cigarette products like cigars and e-cigs. Federal law requires that cigarettes and chewing tobacco be located behind the service counter or in locking cases in retail establishments where minors are permitted, but there are no similar laws that apply to cigars or vaporized nicotine products like e-cigarettes. E. Require the posting of tobacco cessation resources like the Oregon Tobacco Quit Line in tobacco retail outlets. F. Implement a tobacco retail license incentive program that would discount licensing fees for businesses that consistently pass youth sales inspection G. Require a minimum pack size for “non-cigarette products” like cigars and e-cigarettes so that they can’t be sold individually to price sensitive youth. Federal law requires cigarettes to be sold in packs of 20, but there are no similar laws that apply to tobacco products like cigars H. Establish a minimum price law that could, for example, eliminate the use of coupons and buy-one-get-one-free discounts that lower the price of tobacco, which make tobacco more affordable for young people and increase impulse buys I. Prohibit the sale of tobacco at certain types of outlets (for example in pharmacies or on college campuses) J. Restrict the location of businesses selling tobacco so that they are not located near schools K. Raise the minimum legal sale age to buy tobacco from 18 to 21 Key Findings: • All four policymakers said they strongly support fining businesses that are found to sell tobacco to minors. Additionally, three of the policymakers supported requiring businesses that sell tobacco to obtain a license. These same individuals liked the idea of incentivizing businesses that consistently pass minor decoy inspections by lowering the cost of their annual tobacco retail license fee. One policymaker did express some hesitancy about implementing a tobacco retail licensing system. • Three other tobacco retail environment policy concepts were supported by the majority of the elected officials interviewed: The prohibition of self-service displays for non-cigarette tobacco products like little cigars and e-cig/vaping products, the prohibition of the sale of flavored non-cigarette tobacco products (chewing tobacco, vaping products, cigars) that are not currently covered by the FDA’s “flavored cigarette ban”, and the required posting of Oregon Tobacco Quit Line materials at tobacco retail outlets. • The elected officials were evenly divided on the policy concepts of banning tobacco sales at certain types of outlets (e.g. pharmacies), requiring minimum pack sizes for non-cigarette tobacco products, and implementing minimum price laws for all tobacco products. Two people favored these policies, recognizing the potential they could have for preventing youth tobacco use initiation, while two people opposed the measures, mostly because the policies could also impact adult tobacco use/sales or they deemed them to be policies that would have no effect. • Although one policymaker supported banning outlets that sell tobacco from locating near schools, one policymaker opposed this measure and two elected officials had questions about the policy or special conditions that would need to be met in order to garner their support. • The Silverton, Oregon policymakers expressed reservations with the policy concept of raising the minimum legal purchase age of tobacco from 18 to 21. One person supported this policy, one person needed more information to form an opinion, and two people stated they would be opposed to such a policy. Oregon’s comprehensive Smokefree Workplace Law has been in effect since 2009, protecting almost all workers from exposure to secondhand smoke in indoor workplaces. More recently, Oregon’s parks have been designated smokefree and many private businesses are adopting tobacco-free property policies. Policymakers in Keizer were read a list of outdoor places and events. Their responses on whether they would favor or oppose banning tobacco use in that location are depicted in the graph below.

Support 4 Need more Info/Neutral/Not sure Oppose

Number of Interviewees 0 A B C D E F

Tobacco-Free Environment Policy Concepts

Support or oppose banning tobacco in the following locations:

A. Public parks B. At fairs, rodeos and music venues where children are present C. In outdoor dining areas of restaurants and bars that sit on publicly-owned property like sidewalks D. In a yet to be determined smoke-free downtown zone, including streets and sidewalks E. In an expanded outdoor area beyond the 10 ft. rule required by the Indoor Clean Air Act (25 ft. for example) F. On the property around government-owned buildings such as city or county offices

Key Findings: • The tobacco-free environment policy that garnered the most support from the politicians was a public parks policy (3 of the 4 interviewees indicated support). This is interesting because one of the elected officials shared that this policy was recently heard by the Council and failed to pass. It could be assumed that the three remaining elected officials that were not interviewed, opposed the parks policy. • The policy concepts of tobacco-free outdoor events where children are present and tobacco-free outdoor dining areas that are located on public sidewalks garnered support from two policymakers, while the other two interviewees took positions of neutrality or stated they would support the policies if it included a designated smoking area. • Two of the policymakers strongly supported implementing a smokefree downtown zone or street while, one elected official was neutral, and the other person was opposed because he/she felt like the policy would be impractical/impossible to enforce. • Two policymakers supported expanding the 10 ft. rule outside locations covered by the Indoor Clean Air Act and two policymakers opposed this policy concept. • One policymaker supported banning smoking on the property around government owned buildings while the other three interviewees had mixed feelings and were therefore coded as being neutral on the policy concept.

This summary was produced by the Rede Group for the Marion County Chronic Disease Prevention Program in December 2016 as part of a larger evaluation of political feasibility and community readiness for tobacco policy initiatives in Marion County. SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: City Council applicant 5.3 & 8.3 presentations/finalist Report No.: selection 17-38 Agenda Type: SCHEDULED PRESENTATIONS & DISCUSSION/ACTION Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Christy S. Wurster Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: Motion to invite (include applicants’ names) as finalists for interviews on April 17, 2017 to fill the City Council vacancy.

BACKGROUND: On February 27, 2017 Council approved a 30-day open recruitment to fill the vacant seat on the City Council, which closed on Wednesday, March 29, 2017. Applicants were required to be a qualified elector and have resided within the Silverton City limits 12 months preceding the submittal of their application.

Ten applications were received prior to the closing deadline, and staff verified the eligibility requirements of each applicant. Kimberlee McDermott was unable to provide proof of residency for the preceding 12 months and withdrew her application. The applications for the remaining nine applicants are included in the packet in the order that they were received.

Under Agenda Item 5.3, each applicant will provide a five minute verbal presentation to the Council indicating why they want to serve on the City Council and what their goals are for the city. The City Council will then allow comments from the public following the presentations. Under Agenda Item 8.3 the City Council will discuss the candidates, cast their ballots for their top three candidates, and turn their ballots in to the City Clerk for tallying. The City Manager will announce the votes of each Councilor into the record and the results of the tally. The top three candidates will then be invited (by motion above) for interviews during a Special Meeting to be held on Monday, April 17.

BUDGET IMPACT: FY(s): N/A Funding Source: None

Attachments: 1. Norman English Application 5. William R. Martin Application 2. Jacob Clotfelter Application 6. Andrew Martin Application 3. Christopher Cooper Application 7. Jaime Fuhrman Application 4. Ken Hector Application 8. Brandi Leos Application 9. Stu Rasmussen Application

Attachment 1 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Wednesday, March 01, 2017 10:37:26 AM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Norman

Last Name English

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If different from above

Address2 Field not completed.

City Silverton

State OR

Zip 97381

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you Born in Silverton lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, Silverton Historic Landmarks Commission for 2 1/2 years what Boards or Silverton Tourism Promotion Committee for 3 years Committees have you served and/or currently serving on?

Please provide I have deep roots in the Silverton community as a 3rd generation information on why you native Silvertonian; I have always had a deep interest in the life would like to serve on of the community and how it progresses through the years. It is the City Council. now an appropriate time for me to be involved in helping move the community forward in positive ways to achieve solutions to the challenges that we face. My past experience in volunteer activities as well as my work experiences, I believe, will be extremely beneficial towards helping find solutions. I feel it's my duty, and certainly my wish, to be helpful in this regard.

Educational and Occupational Background

Educational Background

High School Serra High School

Address: Salem, OR

From: 1958

To: 1962

Degree: Graduated

Course of Study: Field not completed.

College: Merritt Davis School of Commerce

Address: Salem, OR

From: 1962

To: 1964

Degree: Professional Accounting Assoc. Degree

Course of Study: Field not completed.

Other: Field not completed.

Address: Field not completed. From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: Currently Retired

Company N/A

Address1 N/A

City N/A

State N/A

Phone Number

Previous Occupation: Workers Comp Field Auditor

Company: State of Oregon - Workers Comp Div.

Address1 Winter St. NE

City Salem

State OR

Phone Number Field not completed.

(Section Break)

Summarize any special Eighteen years as a Field Auditor, working with insurance training, skills or companies, reviewing company files in a potentially hostile experience you may environment with penalty implications, a lead auditor or several have that are relevant of those years, reviewing and training auditors and assigning to serving on the City work to others. In my volunteer activities leading organizations such as Silverton Country Historical Society, Silverton Mural Council. Society, Trinity Lutheran Church, and the veterans memorial committee, I needed to be able to pull efforts together to achieve stated goals and keep things running smoothly

Prior Governmental Serving on the Silverton Historic Landmarks Commission and the Experience (elected or Tourism Promotion Committees appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

Please be advised that members of the City Council are required to file a Statement of Economic Interest form annually, with the State of Oregon. A sample form is available from the City Manager’s office at Silverton City Hall indicating the type of information you will be required to disclose if you are appointed. Applicants may be subject to a background check pursuant to Chapter 2.28.030 of the Silverton Municipal Code.

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Norman

Last Name English

Date Field not completed.

Email not displaying correctly? View it in your browser. Attachment 2 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Wednesday, March 01, 2017 1:23:32 PM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Jacob

Last Name Clotfelter

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 10 years lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, I am currently a member of the Silver Falls School District Budget what Boards or Committee. My term will expire in June 2018. Committees have you served and/or currently serving on?

Please provide I was disappointed to learn of the resignation of Rick Lewis. My information on why you concern was that the city was losing a respected leader who would like to serve on brought a sense of reasonableness to his office. There is always the City Council. a bit of fear of the unknown and today it is still unknown how the resignation of Mr. Lewis will ultimately impact the make up of the Silverton City Council. I thought long and hard. I talked it over with my wife and finally decided that the best way to ease my anxiety regarding this situation was to get involved in it. There is no better way to ensure that my concerns are being voiced than to be the one who is voicing them.

Educational and Occupational Background

Educational Background

High School Central Kitsap High School

Address: 3700 NW Anderson Hill Road, Silverdale, WA 98383

From: 9/1995

To: 6/1998

Degree: High School Diploma

Course of Study: General Studies

College: Everett Community College

Address: 2000 Tower St, Everett, WA 98201

From: 4/2013

To: 3/2014

Degree: Associates In Business

Course of Study: Business Administration

Other: Field not completed.

Address: Field not completed. From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: Contracts Compliance Analyst

Company Marion County

Address1 555 Court Street NE

City Salem

State OR

Phone Number 503-588-5047

Previous Occupation: Contracts Supervisor

Company: Fluor Intercontinental Inc.

Address1 Bagram Airfield

City Bagram

State Afghanistan

Phone Number Field not completed.

(Section Break)

Summarize any special I am a public procurement professional with years of experience training, skills or interpreting procurement laws and policies and putting them into experience you may practice. Continuously reading laws and policies has given me have that are relevant the insight to be able to see second and third order effects of the to serving on the City policies. I believe that this will be a valuable skill on the city council. Council.

Prior Governmental Appointed member of the Silver Falls School District Budget Experience (elected or Committee Elected Precinct Committee Person for Precinct 635 appointed). If no Employee of the Marion County Finance Department relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Jacob

Last Name Clotfelter

Date 3/1/2017

Email not displaying correctly? View it in your browser. Attachment 3 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Thursday, March 02, 2017 11:42:12 AM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Christopher

Last Name Cooper

Address

Apt # Field not completed.

City Silverton

State Oregon

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 23 years lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, I have served on boards and committees in the past while on what Boards or active duty with the US Military and as a federal employee in the Committees have you Department of the Interior (DOI). I was a member of promotion served and/or currently boards in the military. I also sat on a committee for the serving on? Department of the Interior's IT Transformation Project. The goal of that project was to reduce the department’s annual information technology budget by half, from one billion to 500 million. Two of my proposals were adopted.

Please provide Besides being a proud resident of Silverton, I would like to give information on why you back to the community that has served my family and I so well. I would like to serve on have been involved in community service for some time and the City Council. would like to have a broader impact by serving all of our Silverton residents, including the under-served.

Educational and Occupational Background

Educational Background

High School David Douglas High School

Address: 1001 SE 135th Ave, Portland, OR 97233

From: 1972

To: 1976

Degree: High School diploma

Course of Study: General education

College: Excelsior College

Address: 7 Columbia Cir, Albany, NY 12203

From: 1988

To: 1992

Degree: BS Liberal Studies

Course of Study: Liberal studies

Other: Capella University

Address: 225 South 6th St, Minneapolis, MN 55402

From: 2010 To: 2016

Degree: MS Human Service-Mental Health Counseling

Course of Study: Mental Health Counseling

(Section Break)

Occupational Background

Occupation: Mental Health Counselor

Company Oregon National Guard (contractor)

Address1 Anderson Readiness Center, 3225 State St.

City Salem

State OR

Phone Number 503-584-2926

Previous Occupation: Information Technology manager

Company: Cambia Health Solutions

Address1 100 SW Market St

City Portland

State OR

Phone Number (503) 225-5221

(Section Break)

Summarize any special I have experience giving business presentations, public training, skills or speaking, drafting proposals, managing business budgets, experience you may training personnel, and building relationships between people have that are relevant and organizations. to serving on the City Council.

Prior Governmental I served in the U.S. military, Bureau of Land Management Experience (elected or (Department of the Interior) and Department of Defense (US appointed). If no Army civilian employee). relevant experience, than enter None or N/A.

Disclaimer and Signature Please be advised that members of the City Council are required to file a Statement of Economic Interest form annually, with the State of Oregon. A sample form is available from the City Manager’s office at Silverton City Hall indicating the type of information you will be required to disclose if you are appointed. Applicants may be subject to a background check pursuant to Chapter 2.28.030 of the Silverton Municipal Code.

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Christopher

Last Name Cooper

Date 3/2/2017

Email not displaying correctly? View it in your browser. Attachment 4 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Monday, March 06, 2017 2:46:57 PM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Ken

Last Name Hector

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 36 years lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, Current: Chemeketa Community College Board of Education what Boards or Previous: Silverton City Council, SACA Board of Directors, Committees have you Silverton Together Board of Directors, Red Cross BOD - served and/or currently Willamette Chapter, Willamette Education Service District BOD, serving on? Valley Credit Union BOD, Mid-Willamette Valley Council of Governments BOD

Please provide I have served on the City Council for 27 1/2 years, including 16 information on why you years as Mayor. My last 4-year term ended 12/31/16. As such I would like to serve on am completely familiar with not only the work and responsibilities the City Council. of a City Councilor, but also the many critical issues the Council is currently addressing. In addition, I bring a wealth of institutional history to the Council. When I left the Council in January, there were 6 Councilors with significant experience, and 1 newly elected Councilor. Accordingly, I felt the Council as a whole was well positioned to meet the current and future challenges. However, with the resignation of Mayor Lewis, the level of Council experience is further reduced. Therefore I believe it would be beneficial to offer my experience.

Educational and Occupational Background

Educational Background

High School St. Monica HS

Address: Santa Monica, CA

From: 9/60

To: 6/64

Degree: Graduated

Course of Study: College Prep

College: University of Portland

Address: Portland, OR

From: 9/64

To: 12/70

Degree: Bachelor of Arts

Course of Study: Psychology

Field not completed. Other:

Address: Field not completed.

From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: Retired

Company N/A

Address1 310 Apple Ave

City Silverton

State OR

Phone Number

Previous Occupation: Director, Government Affairs & Community Outreach

Company: Silverton Health

Address1 352 Fairview St.

City Silverton

State OR

Phone Number

(Section Break)

Summarize any special As listed above. training, skills or experience you may have that are relevant to serving on the City Council.

Prior Governmental As listed above Experience (elected or appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Ken

Last Name Hector

Date 3/6/2017

Email not displaying correctly? View it in your browser. Attachment 5 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Monday, March 13, 2017 4:10:47 PM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name William Rhett

Last Name Martin

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 1996 - Present lived in Silverton?

Have you served on No Boards or Committees before?

If you answered yes, N/A what Boards or Committees have you served and/or currently serving on?

Please provide Considering myself a natural leader, joining the Silverton City information on why you council has been a goal of mine since I was a child. I have been would like to serve on a Silverton boy since the age of 5, graduated from Silverton High the City Council. School, worked for multiple Silverton businesses, and at current age of 25, Silverton is where I have chosen to start my adult life. Put simply, Silverton is home. Silverton is a community made up of people of all walks of life. What I bring to the table is a new, young and fresh perspective, as well as offer representation of a largely unheard portion of our town's population. I value all opinions and listen to all voices. What I lack in experience, I will make up for in passion. I thank you for your consideration of my application.

Educational and Occupational Background

Educational Background

High School Silverton High School

Address: 1456 Pine St, Silverton, OR 97381

From: 2006

To: 2010

Degree: Diploma

Course of Study: General

College: Chemeketa Community College

Address: 4000 Lancaster Dr NE, Salem, OR 97305

From: 2010

To: 2011

Degree: N/A

Course of Study: Associates Transfer

Other: Field not completed. Address: Field not completed.

From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: NDT Lead Inspector

Company Columbia Helicopters, Inc.

Address1 14452 Arndt Rd NE

City Aurora

State Oregon

Phone Number 5036781222

Previous Occupation: Field not completed.

Company: Field not completed.

Address1 Field not completed.

City Field not completed.

State Field not completed.

Phone Number Field not completed.

(Section Break)

Summarize any special I successfully completed the 3rd Cohort of The Ford Family training, skills or Foundation's Community leadership development program. experience you may There, I learned many valuable skills to help me become a better have that are relevant leader in the community. In addition to the skills, I also met a lot to serving on the City of great people and made many new connections. Council.

Prior Governmental N/A Experience (elected or appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name William Rhett

Last Name Martin

Date 3/13/2017

Email not displaying correctly? View it in your browser. Attachment 6 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Monday, March 20, 2017 11:27:11 AM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Andrew

Last Name Martin

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 3 years lived in Silverton?

Have you served on No Boards or Committees before?

If you answered yes, Field not completed. what Boards or Committees have you served and/or currently serving on?

Please provide I am invested in Silverton and want the best for this wonderful information on why you place. We have a town that is made up of a variety of people: an would like to serve on retired generation, people from out of state, a variety of the City Council. ethnicities, and young families that want a safe and slower life. With that comes a natural tendency towards division, and the council has done a great job at communicating and being a "safe" place. I feel that I am of the same character. Being able to communicate clearly and respectfully, while trying to address the problem and not skirt the situation are attributes that I try bring to the table.

Educational and Occupational Background

Educational Background

High School Silverton High School

Address: 1456 Pine St (when I attended it was at 714 Schlador)

From: 2000

To: 2004

Degree: Field not completed.

Course of Study: Field not completed.

College: George Fox University

Address: 414 Meridian St. Newberg, OR 97132

From: 2004

To: 2009

Degree: Interdisciplinary Studies

Course of Study: 50% Biology, 25% Philosophy, 25% Bible (Was in nursing for quite a while)

Other: Field not completed. Address: 1651 Eska Way

From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: Sales Manager

Company Willamette Valley Pie Company

Address1 1651 Eska Way

City Silverton

State OR

Phone Number 5038737437

Previous Occupation: Farmer

Company: G&C Farms

Address1 4196 81st Ave

City Salem

State OR

Phone Number Field not completed.

(Section Break)

Summarize any special I manage and oversee our Sales department here at Willamette training, skills or Valley Pie along with our CEO. There can be differing ideas and experience you may emotions I have had to learn, listen, and compromise as well as have that are relevant make sure everyone internally is communicating clearly. There's to serving on the City a circle in our company between the kitchen, the warehouse, and sales; it usually falls to me to make sure that circle is being Council. completed.

Prior Governmental None Experience (elected or appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Andrew

Last Name Martin

Date 3/20/2017

Email not displaying correctly? View it in your browser. Attachment 7 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Monday, March 20, 2017 4:17:32 PM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Jaime

Last Name Fuhrman

Address

Apt # Field not completed.

City Silverton

State OR

Zip 97381

Mailing Address - If Field not completed. different from above

Address2 Field not completed.

City Field not completed.

State Field not completed.

Zip Field not completed.

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 10 years lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, Environmental Management Committee Alternate for Budget what Boards or Committee Committees have you served and/or currently serving on?

Please provide Mayor Palmer, President Freilinger, and Members of the City information on why you Council: I’d like to fill the vacant city council seat. I have the time would like to serve on and energy to devote to the task, and bring expertise and a the City Council. perspective that will benefit the Council and the community. My recent experience with the warming shelter reminded me how satisfying it is to be deeply involved in my community–not just wishing good things would happen, but getting out there and making them happen. I have e-mailed each member of the council a resume and cover letter.

Educational and Occupational Background

Educational Background

High School Laurel High School

Address: Laurel, Montana

From: 1980

To: 1983

Degree: survived

Course of Study: Field not completed.

College: Montana State University

Address: Bozeman, Montana

From: 1983

To: 1987

Degree: Poltical Science

Course of Study: Field not completed.

Other: Boise State University

Address: Boise, Idaho From: 1992

To: 2000

Degree: Field not completed.

Course of Study: Masters in Public Administration, Graduate study in Environmental Science and Toxicology

(Section Break)

Occupational Background

Occupation: Public Information and Education

Company Idaho DEQ

Address1 1410 North Hilton

City Boise

State ID

Phone Number 503-737-0428

Previous Occupation: Field not completed.

Company: Field not completed.

Address1 Field not completed.

City Field not completed.

State Field not completed.

Phone Number Field not completed.

(Section Break)

Summarize any special National Wildfire Coordination Group Wildland Firefighter 2, training, skills or recertified through 2007. Interagency Joint Information Center experience you may (JIC) Operations & Functions, University of Chicago/Argonne have that are relevant Laboratory, 2004 Radiation Worker, level 2. Recertified annually to serving on the City through 2007 Hazardous Waste Operations & Emergency Response (HazWopr) Recertified through 2007 Certificate in Risk Council. Communication from the Harvard School of Public Health, 2003 Completed FEMA’s Professional Development Series, 2006 Certificate in Crisis Management and Communication, Institute for Crisis Management, Louisville, KY 2001

Prior Governmental See Resume Experience (elected or appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Jaime

Last Name Fuhrman

Date 3/20/2017

Email not displaying correctly? View it in your browser. Mayor Palmer, President Freilinger, and Members of the City Council: I’d like to fill the vacant city council seat. I have the time and energy to devote to the task, and bring expertise and a perspective that will benefit the Council and the community. My recent experience with the warming shelter reminded me how satisfying it is to be deeply involved in my community–not just wishing good things would happen, but getting out there and making them happen. I bring experience in public information and education, public safety, environmental programs, and emergency management. I worked in programs that directly affected human health and the environment, in high-profile positions with considerable responsibility. My career also gave me opportunities to be involved with pressing national issues--bioterrorism, nuclear waste, our energy future, propulsion of spacecraft, and the quality of our air, water, and land. I wrote and managed contracts and managed budgets. I’m prepared for the complex responsibility of coordinating community services and systems. My community volunteer work has connected me with the struggles and aspirations of my neighbors and I look forward to working on their behalf with a fair mind and clear vision. I was born and raised in Montana and lived in Boise, Idaho for twenty years. When I moved to Oregon a decade ago, I got to choose the community in which I would raise my family. Silverton’s excellent schools, quality hospital, and natural beauty and charm made it an easy choice. Even compared to Montana and Idaho—no slouches in the beauty category—and the stunning beauty of Oregon, Silverton is extraordinary. Vistas that would adorn postcards in other places are commonplace here. I’ve come to love the small town aspects of the community and the fundamental goodness of its citizens. There is a strong desire among the community and for me personally to preserve this beauty and the closeness of our small town. Like many members of the “sandwich generation” who take care of both parents and children, I chose to leave my career to care for family in 2007. I cared for my Dad until he died and raised two great kids. As my kids grew older I found a voice in the community through a Facebook Group called Silverton Connections. I was chosen to be in the Ford Family Foundation’s third leadership cohort. I volunteered for community events and organizations. I became a gleaner and a canner, rescued dogs, hiked and kayaked, worked on the community fountain, and in the schools. This winter I worked with a small group of women to open Silverton’s first emergency shelter for the homeless. I am deeply invested in this community and its residents. I’m familiar with the interplay between local, state, and federal programs, and I have worked with many environmental programs and issues. I respect the difficult work of managing smart, intentional growth and infrastructure development with preservation and conservation. This is no easy task. The decision to put my name in the hat to fill the vacant seat was difficult. I have always preferred to work behind the scenes. The more I engage with the community, the more I understand the weight of responsibility the City Council carries. I know it’s a hard and sometimes thankless job. I would be honored to share in that responsibility. Jaime Fuhrman Jaime Fuhrman

801 Pioneer Drive (503) 949-7115 Silverton, OR 97381 [email protected]

Community Involvement

Board Member, Safety Compass Member of Ford Family Foundation’s Silverton Leadership Cohort #3 Member of City Environmental Management Advisory Committee, alternate for Budget Committee. Volunteer, Salem Harvest (gleaners) and Pet Adoption Team (dog rescue) Founding member, Silverton Warming Shelter President of Boise’s East End Neighborhood Association, 1989-1992

Experience

Manager, Public Affairs and Risk Communication (Analyst 4) Idaho Division of Nuclear Oversight and Radiation Control May 2002 to March 2007

 Managed public information and intergovernmental relations for two grant-funded programs responsible for oversight and managing issues relating to federal nuclear facilities, radiological emergency planning and response, and interstate transportation of nuclear waste. Managed all aspects of program.  Developed, tracked, evaluated budgets for several grant-funded programs. Provided quarterly and annual reports. Wrote RFPs, and contracts, including acceptance criteria for deliverables, and administered contracts for services.  Served as Public Information Officer, community relations staff, or intergovernmental liaison in responses to floods, hazardous/radiological incidents, and other incidents. Participated in drills, evaluated drills for federal or NRC-licensed facilities in several states. Served on state and interstate emergency response planning committees.  Researched, wrote, and produced print publications and web content on technical topics for targeted and general audiences. Worked with technical staff to plan, edit, and produce technical reports and associated materials.

Highlights: Trained over 600 local, state, and federal staff, community groups, and elected/appointed officials in risk communication, joint public information operations in emergency response, collaborative issues management, and message mapping. Worked closely with Department of Energy, the Nuclear Navy, and the Environmental Protection Agency. Worked with NASA on special projects (batteries that power deep space missions are made in Idaho). Short-term special assignment in bioterrorism as state responded to perceived anthrax attacks and other threats after 9/11. Trained new Health District Public Information Officers. Deployed via Interstate Emergency Response Assistance Compact to Florida and Mississippi for hurricane response. Member of type 3 interagency incident response team.

Public Information Officer Idaho Nuclear Oversight Program May 1998 to May 2002

 Managed all public information and education aspects of grant-funded programs overseeing operations at federal facilities located in Idaho and operated by the Department of Energy, the Nuclear Navy, and Argonne National Laboratory. Managed all aspects of program including budget, reporting planning, and evaluation.  Lead state public information officer on responses involving radiological hazards and multi- jurisdictional incidents, worked with federal agencies to prepare for multi-state incidents.

 Researched, wrote, and designed printed publications on technical content for various audiences, including posters, newsletters, brochures, fact sheets, display materials, technical reports, and curriculum materials.

Highlights: Worked on Environmental Impact Statements (or other NEPA-mandated documents for nuclear waste incinerator, management of high-level nuclear waste, and production of radioisotopic thermal generators (space batteries.) Short-term deployments to other state, local or interagency agencies managing emergencies, high-profile issues, or crisis, including plane crash, “Rainbow Family” camp, National Governor’s Association conference, and wildfires. Served on tribal/state/local planning groups for interstate shipment of spent nuclear fuel and transuranic waste. Prepared for civic unrest involving thousands of people.

Coordinator, Information and Education Programs Department of Environmental Quality 1991 to May 1998

 Coordinated public information and education activities for state environmental agency with over 300 discrete programs, 7 regional offices, and state office.  Researched, wrote, and produced publications on environmental topics for general audiences. Worked with technical staff to plan, edit, and produce technical information, environmental permits, and regulatory analysis.  Trained and coached agency staff on news media relations, planning public involvement programs, and public information strategies and tactics. Assisted/advised local groups to help them plan and implement public information programs, including local watershed advisory committees and local advisory groups in communities involved in the Idaho Small Community Mandates Pilot Program.

Highlights: Started as public information officer for one program, (hazardous waste) but within a year I was supporting all of DEQ’s programs (300 discrete programs in one central office and seven regional offices. For most of that time, I was DEQ’s only public information staffer. Supported Superfund and other remedial program activities, solid waste, hazardous waste, air quality, water quality and drinking water programs, and regulatory development throughout the state. Served as on-scene public information officer for floods, fish kills, hazardous materials incidents, meth lab cleanups, and other incidents involving environmental programs.

Congressional Staff Richard H. Stallings, U.S. House of Representatives 1987 to 1990

 Constituent assistance and local government liaison.  Managed environmental and natural resource issues.

Highlight:

Liaison to the National Interagency Fire Center (at the time, it was called the Boise Interagency Fire Center) during 1988 fire season, which included an historic wildfire in Yellowstone Park.

Education & Training

Boise State University, Boise, Idaho: Graduate Studies in Public Administration, Natural Resource and Environmental Policy, and Toxicology Montana State University, Bozeman, Montana: Bachelor of Arts in Political Science/Public Administration, 1987 Extensive technical and professional education and training. Full list and transcripts available

.Certifications

National Wildfire Coordination Group Wildland Firefighter 2, recertified through 2007. Interagency Joint Information Center (JIC) Operations & Functions, University of Chicago/Argonne Laboratory, 2004 Radiation Worker, level 2. Recertified annually through 2007 Hazardous Waste Operations & Emergency Response (HazWopr) Recertified through 2007 Certificate in Risk Communication from the Harvard School of Public Health, 2003 Completed FEMA’s Professional Development Series, 2006 Certificate in Crisis Management and Communication, Institute for Crisis Management, Louisville, KY 2001 From: Christy Wurster To: Lisa Figueroa Subject: Fwd: Supporting Jaime Fuhrman for City Council Date: Wednesday, March 29, 2017 1:23:04 AM

From: Dawn Tacker Date: March 28, 2017 at 8:27:22 PM PDT To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Cc: [email protected] Subject: Supporting Jaime Fuhrman for City Council

Hello, Council Members!

First, thank you for your service - I appreciate all that you do in your capacities of council members. You all play an important role in making Silverton such a wonderful place to live.

I am writing tonight in support of Jaime Fuhrman's application for the city council position left vacant by Rick Lewis.

Jaime has demonstrated an unwavering commitment to Silverton. When I think of people who have made a real difference to our town, Jaime heads that list. Her work to establish our first warming shelter demonstrates her values. She served as a leader of the Fountain Mosaic Project, giving dozens of hours of her time and working with a diverse group of citizens to create a lasting project for future generations to enjoy. Jaime is integral to our local Facebook community, Silverton Connections, where she works as a volunteer administrator. I don't know how she does this all - maybe she doesn't need much sleep - but you'd be hard-pressed to find a more dedicated person to join the council.

Jaime's educational and professional background are fantastic assets that would bring diverse skills to her work on the City Council. In addition, Jaime is skilled in collaborating with diverse members of our community, is an excellent listener, and diligently researches any topic before developing an opinion.

I would love to see gender equality on Silverton's City Council, and I implore you to appoint Jaime to the vacant council position. She will work as hard for Silverton as you all do, and will bring a fresh perspective and deep community ties. Jaime is a fantastic role model for our community, particularly our young girls and women.

Thank you, Dawn Tacker Attachment 8 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Tuesday, March 21, 2017 7:21:37 AM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Brandi

Last Name Leos

Address

Apt # Field not completed.

City silverton

State OR

Zip 97381

Mailing Address - If different from above

Address2 Field not completed.

City silverton

State OR

Zip 97381

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 3 years lived in Silverton?

Have you served on No Boards or Committees before?

If you answered yes, n/a what Boards or Committees have you served and/or currently serving on?

Please provide I have a passion for local government, solidly understand the information on why you challenges of running a city, and would like to serve my would like to serve on community. I have worked in local government for the past 10 the City Council. years including stints at Marion County, Clackamas County, and the City of Tigard, where I currently serve as the human resources professional assigned to police and public works. I think the City of Silverton is a great place to live and I look forward to participating in the decision making about our long- term plans for infrastructure and development to support continued, controlled growth to maintain the charm and livability of this city.

Educational and Occupational Background

Educational Background

High School North Marion High School

Address: Aurora, OR

From: 1994

To: 1997

Degree: Diploma

Course of Study: General Studies

College: University of Phoenix

Address: Tigard, OR

From: 2012

To: 2015

Degree: Bachelor's Degree

Course of Study: Business Management

Other: Field not completed. Address: 13125 SW Hall Blvd

From: Field not completed.

To: Field not completed.

Degree: Field not completed.

Course of Study: Field not completed.

(Section Break)

Occupational Background

Occupation: Senior Human Resources Analyst

Company City of Tigard

Address1 13125 SW Hall Blvd

City Tigard

State Oregon

Phone Number 5037182407

Previous Occupation: Compensation Analyst

Company: Clackamas County

Address1 2051 Kaen Rd

City Oregon City

State Oregon

Phone Number 5037425459

(Section Break)

Summarize any special I have worked in the HR function of local government for ten training, skills or years, working closely with a wide variety departments, which experience you may has helped me develop an understanding of what cities do and have that are relevant the challenges faced. I understand that running a city is like to serving on the City having a company with several completely different lines of business, none of which turn a profit. I have a solid Council. understanding through my experience, of the collective bargaining process in the public sector and I know what it takes to close the deal, including the governing body's role in that process.

City of Tigard - Senior HR Analyst 2015 to present Clackamas Prior Governmental Experience (elected or County - Compensation Analyst 2014 to 2015 Local Government appointed). If no Personnel Institute - Compensation Analyst 2011 to 2014 Marion relevant experience, County - Labor Relations Specialist 2007 to 2011 Oregon Dept of than enter None or Transportation - Variety of positions from entry level to Policy Analyst 1997 to 2007 N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Brandi

Last Name Leos

Date 3/21/2017

Email not displaying correctly? View it in your browser. Attachment 9 to Staff Report 17-38

From: [email protected] To: Lisa Figueroa; Christy Wurster Subject: Online Form Submittal: City Council Volunteer Application Date: Friday, March 24, 2017 10:20:26 PM

City Council Volunteer Application

Applicant Information and Background

Applicant Information

First Name Stu

Last Name Rasmussen

Address

Apt # Field not completed.

City Siverton

State OR

Zip 97381

Mailing Address - If different from above

Address2 Field not completed.

City Silverton

State OR

Zip 97381

Phone Number

E-mail Address

Are you a registered Yes voter?

(Section Break)

Background

How long have you 68 Years lived in Silverton?

Have you served on Yes Boards or Committees before?

If you answered yes, Silverton City Councilor 12 Years Silverton Mayor 10 Years what Boards or Silver Falls Library Board 4 Years Silver Falls Library Budget Committees have you Committee 4 Years served and/or currently serving on?

Please provide I have sat a while and thought quite a bit about this question and information on why you I don't really have a specific answer other than a personal would like to serve on commitment to public service as evidenced by having served the City Council. over half my adult life as an elected representative here in Silverton During the last election cycle approximately 400 Silverton voters asked me once again serve our community and I am honoring their requests by submitting this information. I am happy to answer any specific questions during the interview process.

Educational and Occupational Background

Educational Background

High School Silverton UHS

Address: Silverton, Orgon

From: 1962

To: 1966

Degree: Diploma

Course of Study: College Prep / Electronics Engineering Technology

College: Salem Tech (now Chemeketa)

Address: Salem, OR

From: 1967

To: 1968

Degree: ASEE

Course of Study: Electronics Technology

Other: Too many to fit in this box

Address: Portland, Eugene, Corvallis, Salem and on-line From: 1968

To: Present

Degree: Various Certificates of varying value

Course of Study: Software Engineering, Television Engineering & Production, Welding, Machine Shop, Grant Writing, IOT Implementation

(Section Break)

Occupational Background

Occupation: Co-Owner / Manager

Company Palace Theatre, Inc.

Address1 Oak & Water Streets

City Silverton

State OR

Phone Number 503-873-2233

Previous Occupation: Various Firmware Engineering Positions

Company: Intel, Tektronix, Phoemix Technologies, nCube, Garmin, & others

Address1 Field not completed.

City Hillsboro, Beaverton, Salem, Vancouver

State Field not completed.

Phone Number Field not completed.

(Section Break)

Summarize any special Other than having done exactly the job for which you are training, skills or recruiting over a period of 20+ years and still managed to experience you may maintain a sense of humor and most of my sanity I bring no have that are relevant special training or skills to the position to serving on the City Council.

Prior Governmental This is a repeat of a question on Page 1, isn't it? My answers Experience (elected or haven't changed since then. appointed). If no relevant experience, than enter None or N/A.

Disclaimer and Signature

By submitting and I hereby agree to the statements listed above. signing this application, I hereby state that:

First Name Stu

Last Name Rasmussen

Date 3/24/2017

Email not displaying correctly? View it in your browser. SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Resolution No. 17-16 – 7.1 A Resolution of the Silverton Report No.: City Council adopting the 17-39 City Council Goals for Fiscal Year 2017-2018 Agenda Type: CONSENT AGENDA Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: L. Figueroa Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: Motion to approve Resolution No. 17-16 to adopt the City Council Goals for Fiscal Year 2017- 2018.

BACKGROUND: The City Council held Work Sessions on February 27, 2017 and March 13, 2017 to develop the City Council goals and objectives for Fiscal Year 2017-2018. The proposed City Council Goals for Fiscal Year 2017-2018 are attached to Resolution No. 17-16.

BUDGET IMPACT: FY(s): 2015/2016 Funding Source: None

Attachments: 1. Resolution No. 17-16 Attachment 1 to Staff Report 17-39

CITY OF SILVERTON RESOLUTION 17-16

A RESOLUTION OF THE SILVERTON CITY COUNCIL ADOPTING THE CITY COUNCIL GOALS FOR FISCAL YEAR 2017-2018

WHEREAS, The Silverton City Council held work sessions on February 27, 2017 and March 13, 2017 to develop the draft 2017-2018 City Council goals and objectives; and

WHEREAS, the purpose of the goals and objectives is to focus the efforts of the City Council and City staff on specific plans of action to achieve certain goals.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SILVERTON, AS FOLLOWS:

Section 1: The Silverton City Council hereby adopts the Fiscal Year 2017-2018 City Council goals attached hereto as Exhibit A and by this reference incorporated herein.

Section 2: That this resolution is and shall be effective after its passage by the City Council.

Resolution adopted by the City Council of the City of Silverton, this 3rd day of April, 2017.

______Mayor, City of Silverton Kyle Palmer ATTEST

______City Manager/Recorder, City of Silverton Christy S. Wurster

City of Silverton Resolution No. 17-16 Page 1 of 1 Exhibit A to Resolution No. 17-16

CITY OF SILVERTON 2017 – 2018 CITY COUNCIL GOALS

Mission Statement To provide exceptional public service that ensures safety, maintains infrastructure, preserves our unique heritage, and protects natural resources while proactively pursuing emerging opportunities to enhance our quality of life.

Vision Statement – Vision for Silverton in 2035 We envision a Silverton that honors its history, traditions and heritage, embraces diversity, encouraging thoughtful change while celebrating our past, present and future. Our future Silverton is a connected community with broad citizen engagement, a clear vision for the future, and a detailed plan of action to achieve it. We envision a Silverton with a strong economy and viable, locally owned businesses, carefully balancing economic growth with our continued small-town livability, quality of life and affordability. Our Silverton is guided by a comprehensive plan for our future growth, with strong leadership, meaningful public involvement, informed decisions, and agreement on our community’s key directions. We envision a Silverton that meets the basic needs of all of its residents, including quality jobs, affordable housing, accessible health care, and community safety. Education in our Silverton is a top priority for the entire community, providing our students with the best start in life, driving our community’s progress, and shaping its future.

Goal 1: Develop a 10-year Strategic Plan Objective Time Frame Progress to Date/Comments 1.1 Develop a 10-year Strategic Plan that encompasses the following elements: mission, FY 2017-18, vision, organizational values, significant issues and challenges facing the if time allows organization, goals and objectives, and actions and/or strategies. (Note: This goal is important to the City Council, but not time urgent. Council wants to minimize the cost of completion of the strategic plan.)

Goal 2: Improve and Expand Public Outreach, Communication and Participation Objective Time Frame Progress to Date/Comments 2.1 Provide regular updates from the Mayor including city newsletter articles, State of FY 2017-18 City message, weekly coffee with the Mayor, Chamber business meetings, etc. 2.2 Quarterly city newsletter FY 2017-18 2.3 Quarterly community partners meetings to discuss issues of mutual concern FY 2017-18 2.4 Update city website and provide an increased social media presence FY 2017-18 2.5 Provide presentations to service clubs, civic groups and partners FY 2017-18 2.6 Reconvene Citizen Involvement Committee to gauge interest and make a FY 2017-18 recommendation regarding the formation of neighborhood associations 2.7 Hold at least one Town Hall Meeting FY 2017-18 2.8 Explore opportunity to include camera on the City’s website FY 2017-18

Goal 3 – Maintain and Improve Infrastructure and Facilities for Current and Future Citizens in an Efficient Manner. (Note: “Efficient manner” includes correct construction sequencing) Objective Time Frame Progress to Date/Comments 3.1 Continue planning for and build new Police Station within five (5) years, with plans to FY 2017-18 incorporate City Hall within ten (10) years. 3.2 Finalize the updated Transportation Master Plan and begin implementation FY 2017-18 3.3 Perform SDC analysis and rate studies as appropriate FY 2017-18 3.4 Identify funding strategy and implement island infill infrastructure to provide FY 2017-18 connectivity (sidewalks, bike paths, street lights and stormwater) 3.5 Complete Old Mill Park improvements FY 2017-18 3.6 Update street signage in compliance with MUTCD requirements FY 2017-18 & FY 2018-19 3.7 Install 100% radio read water meters within three (3) years FY 2017-18 3.8 All major residential areas to be connected for safe travel (streetlights, sidewalks, Begin and bike lanes/paths) to schools and downtown FY 2017-18 3.9 Reconstruct McClaine Street FY 2018-19 3.10 Improve South Water Street FY 2019-20 3.11 Complete physical assessment of the pool FY 2017-18

Goal 4 – Implement Policies and Programs to Maintain Safety and Quality of Life. Objective Time Frame Progress to Date/Comments 4.1 Develop strategies for affordable housing FY 2017-18 4.2 Consider regulations to allow for gray water irrigation systems FY 2017-18 4.3 Consider smoke-free areas, plastic shopping bags/food grade styrofoam, and FY 2017-18 commercial composting 4.4 Consider expansion of utility bill assistance program FY 2017-18 4.5 Continue emergency preparedness outreach FY 2017-18

Goal 5 – Provide Efficient and Fiscally Sound Municipal Services Objective Time Frame Progress to Date/Comments 5.1 Update long-range financial plan FY 2017-18 5.2 Prepare renewal of pool operations and maintenance levy for November ballot FY 2017-18 5.3 Assess the practicality and feasibility of establishing a Parks and Recreation District FY 2017-18

Urban Renewal Agency

Goal 1 – Utilize Agency and Borrowing Power to Plan for and Implement Infrastructure Improvements for the District

Objective Time Frame Progress to Date/Comments 1.1 Complete Urban Renewal District expansion FY 2017-18 1.2 Determine cost of undergrounding utilities in the downtown core FY 2017-18 1.3 Make downtown infrastructure improvements Begin Plan FY 2017-18 1.4 Determine wetland mitigation/preservation options to allow for development of FY 2017-18 Industrial Park SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Resolution No. 17-17 —A 7.2 Resolution To Transfer Report No.: Funds To Cover Costs Associated With Roadway 17-40 Preparation Work Agenda Type: Necessary for 2017 Slurry Seal Project CONSENT AGENDA

Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Christian Saxe Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: Staff recommends a motion to approve Resolution No. 17-17 to transfer funds in order to cover costs associated with roadway preparation work necessary for the 2017 Slurry Seal Project.

BACKGROUND: The Public Works Department is once again partnering with Marion County in a summer slurry seal project of City streets. This partnership will enable us to benefit from better pricing on the slurry seal work based on economies of scale. In order to appropriately prepare for the slurry seal portion of the work the City needs to perform crack sealing and skin patching work before the slurry seal begins in July/August. The estimated cost of this work is in the range of $80,000. The Street Maintenance Fee Fund currently has a balance of approximately $40,000. In order to contract out the required work we are requesting a transfer of a $50,000 to this fund from Street Fund. Staff is proposing to decrease the transfer to the Street Capital Project fund and increase the transfer to the Street Maintenance Fee Fund so the appropriation authority in the Street Maintenance Fee Fund can be increased.

BUDGET IMPACT: FY(s): 2016-2017 Funding Source: Street Fund

Attachments: 1. Resolution No. 17-17 Attachment 1 to Staff Report 17-40

CITY OF SILVERTON RESOLUTION 17-17

A RESOLUTION OF THE SILVERTON CITY COUNCIL TO TRANSFER FUNDS DUE TO UNFORESEEN EXPENDITURES TO INCREASE APPROPRIATION AUTHORITY TO COVER COSTS ASSOCIATED WITH ROADWAY PREPARATION WORK NECESSARY FOR 2017 SLURRY SEAL PROJECT

WHEREAS, certain expenditures cannot be accurately estimated during the budget process, these conditions being the cost to cover roadway preparation work necessary for the 2017 slurry seal project; and

WHEREAS, Local Budget Law, ORS 294.463, authorizes the transferring of funds in these situations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SILVERTON, AS FOLLOWS:

Section 1: The following transfers and appropriations are made:

STREET FUND Increase Decrease Expenditures Street Operations Transfers 020-020-95027 Transfer to Street Maint Fee Fund $ 50,000 020-020-95320 Transfer to Street CIP Fund $ 50,000

STREET MAINTENANCE FEE FUND Revenue Transfers In 027-000-46020 Transfer from Street Fund 50,000 Expenditures Street Improvements 027-027-85020 Street Capital Improvements 50,000

STREET CAPITAL PROJECT FUND Revenue Transfers In 320-000-46020 Transfer from Street Fund 50,000 Expenditures Street Improvements 320-320-85020 Construction Costs 50,000 Section 2: That this resolution is and shall be effective after its passage by the City Council.

Resolution adopted by the City Council of the City of Silverton, this 3rd day of April, 2017.

______Mayor, City of Silverton Kyle Palmer ATTEST

______City Manager/Recorder, City of Silverton Christy S. Wurster SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Resolution No. 17-18 — 7.3 A Resolution To Report No.: Transfer Funds To 17-41 Purchase Hydrated Lime Agenda Type: For The Wastewater Treatment Plant and CONSENT AGENDA Cover Additional Costs Related to the UV System Replacement Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Steve Starner Reviewed By: Christian Saxe Approved By: Christy S. Wurster

RECOMMENDED MOTION: A motion to adopt Resolution No. 17-18 to transfer funds to purchase hydrated lime for the wastewater treatment plant and to cover additional costs related to the UV System Replacement.

BACKGROUND: The City of Silverton National Pollution Discharge Elimination System (NPDES) Permit for the wastewater treatment plant requires the final effluent pH to fall within a range of 6.5 to 9.0 (Silver Creek) and 6.5 to 8.5 (Oregon Garden wetlands). The low alkalinity of the plant influent, especially during high flows, does not provide enough buffering capacity to resist the decrease in pH. The addition of hydrated lime to the aeration basin increases alkalinity and maintains a pH level suitable for the activated sludge treatment process and for meeting the plant effluent pH requirements.

In planning for the 2016-2017 fiscal year, the anticipated hydrated lime dose was 0.45 lbs/day, requiring the 40 ton lime silo to be filled five times through the course of the year based on an average wet weather flow of 2.47 MGD. However, given the near record rainfall this winter, and the accompanying higher average influent flow rate of 3.47 MGD, the lime dosage has increased to 0.65 lbs/day, which will require the lime silo to be filled six times before the end of the fiscal year. Adoption of the attached Resolution will allow funding for the previously unanticipated sixth filling of the wastewater treatment plant lime silo.

During the initial design work for the UV Replacement Project it was determined that additional electrical and mechanical work would be required. Adoption of the attached Resolution will provide the necessary funds associated with the required work.

BUDGET IMPACT: FY(s): 2016-2017 Funding Source: Sewer Fund

Attachments: 1. Resolution No. 17-18 Attachment 1 to Staff Report 17-41

CITY OF SILVERTON RESOLUTION 17-18

A RESOLUTION OF THE SILVERTON CITY COUNCIL TO TRANSFER FUNDS DUE TO UNFORESEEN EXPENDITURES TO INCREASE APPROPRIATION AUTHORITY TO PURCHASE HYDRATED LIME FOR THE WASTEWATER TREATMENT PLANT AND TO COVER ADDITIONAL COSTS RELATED TO THE UV SYSTEM REPLACEMENT

WHEREAS, certain expenditures cannot be accurately estimated during the budget process, these conditions being the amount of hydrated lime needed at the wastewater treatment plant and the total cost to replace the UV system at the wastewater treatment plant; and

WHEREAS, Local Budget Law, ORS 294.463, authorizes the transferring of funds in these situations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SILVERTON, AS FOLLOWS:

Section 1: The following transfers and appropriations are made:

SEWER FUND Increase Decrease Expenditures Sewer Operations Materials and Services 030-030-62525 Lab/ Chemical Supplies $ 8,500 Contingency and Reserves 030-030-90001 Contingency $ 58,500 Transfers 030-030-95330 Transfer to Sewer CIP Fund 50,000

SEWER CAPITAL PROJECT FUND Revenue Transfers In 330-000-46030 Transfer from Sewer Fund 50,000 Expenditures Capital Outlay 330-330-85020 Street Capital Improvements 50,000

City of Silverton, Resolution No. 17-18 Page 1 of 2

Section 2: That this resolution is and shall be effective after its passage by the City Council.

Resolution adopted by the City Council of the City of Silverton, this 3rd day of April, 2017.

______Mayor, City of Silverton Kyle Palmer ATTEST

______City Manager/Recorder, City of Silverton Christy S. Wurster

City of Silverton, Resolution No. 17-18 Page 2 of 2 SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Resolution No. 17-19 – 7.4 A Resolution ratifying the Report No.: termination of the 17-42 purchase and sale agreement with Agenda Type: Stumptown Properties,

CONSENT AGENDA LLC

Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Christy S. Wurster Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: A motion to approve Resolution No. 17-19, a Resolution ratifying the termination of the purchase and sale agreement with Stumptown Properties, LLC.

BACKGROUND:

The city has received information that the UP and Willamette Valley Railway do not have plans to abandon the railway and it will likely be used again, resulting in a material change of the conditions of the property formerly known as the Square Deal Lumber Yard. In addition, the City has not obtained financing for the purchase of the property. As such, the City Manager has notified Stumptown Properties, LLC that the purchase and sale agreement signed March 8, 2016 was terminated by the City effective March 10, 2017.

BUDGET IMPACT: N/A FY(s): None Funding Source:

Attachments: 1. Resolution No. 17-19

Attachment 1 to Staff Report 17-42

CITY OF SILVERTON RESOLUTION 17-19

A RESOLUTION OF THE SILVERTON CITY COUNCIL RATIFYING THE TERMINATION OF THE PURCHASE AND SALE AGREEMENT WITH STUMPTOWN PROPERTIES, LLC

WHEREAS, the City has received information that the UP and Willamette Valley Railway do not have plans to abandon the railway and it will likely be used again, resulting in a material change of the conditions of the property formerly known as the Square Deal Lumber Yard; and

WHEREAS, the City of Silverton has not obtained financing for the purchase of the property; and

WHEREAS, the City Manager notified Stumptown Properties, LLC that the purchase and sale agreement signed March 8, 2016 was terminated effective March 10, 2017.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SILVERTON, AS FOLLOWS:

Section 1: The termination of the purchase and sale agreement with Stumptown Properties, LLC for the property formerly known as the Square Deal Lumber Yard by the City Manager is hereby ratified.

Section 2: That this resolution is and shall be effective after its passage by the City Council.

Resolution adopted by the City Council of the City of Silverton, this 3rd day of April, 2017.

______Mayor, City of Silverton Kyle Palmer ATTEST

______City Manager/Recorder, City of Silverton Christy S. Wurster

City of Silverton Resolution No. 17-19 Page 1 of 1 SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Ordinance No. 17-06 – 8.1 An ordinance amending Report No.: Silverton Municipal Code; 17-43 Title 3, Chapter 3.15 to align Agenda Type: the chapter’s terms with DISCUSSION/ACTION Oregon Department Of Revenue collection of tax and declaring an emergency Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Heather Martin Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: Motion to adopt Ordinance No. 17-06.

BACKGROUND: The City of Silverton adopted chapter 3.15 on March 7, 2016, which imposed a 3% tax on the sale of marijuana items and provided a method for the City to collect the tax. As required by state law, the City referred the tax to the electorate in November 2016, and the voters approved the tax.

On February 6, 2017 the Council passed Ordinance 17-04 which contained revisions to Chapter 3.15 of the Silverton Municipal Code (SMC) as required for the City to collect the tax itself for the first quarter of 2017, but then to allow the City to enter into a contract with the Department of Revenue (DOR) thereafter. Towards that end, Council also approved Resolution 17-10 in February 2017 authorizing the City Manager to enter into an intergovernmental agreement with DOR to allow collection of the tax by DOR beginning April 2017.

Because DOR will have responsibility for all aspects of the local tax administration beginning April 2017, there will be subsections of Silverton Municipal Code (SMC) chapter 3.15 that are no longer applicable. For example, Deductions will be inapplicable because the City will no longer be making decisions regarding deduction, likewise for the following subsections: Marijuana Retailer Responsible For Payment of Tax; Failure To Report and Remit Tax – Determination of Tax by Tax Administrator; Appeal; Refunds; Actions to Collect; Violation Infractions; Confidentiality; Audit of Books, Records or Persons; Forms And Regulations. The sections that will remain applicable are: Purpose; Definition; Levy of Tax.

Attached is Ordinance No.17-06 which contains these additional amendments to Chapter 3.15 of the SMC.

BUDGET IMPACT: FY(s): 2016-2017 Funding Source:

Attachments: 1. Ordinance No. 17-06 Attachment 1 to Staff Report 17-43

CITY OF SILVERTON ORDINANCE 17-06

AN ORDINANCE OF THE SILVERTON CITY COUNCIL AMENDING SILVERTON MUNICIPAL CODE; TITLE 3, CHAPTER 3.15 TO ALIGN THE CHAPTER’S TERMS WITH OREGON DEPARTMENT OF REVENUE COLLECTION OF TAX AND DECLARING AN EMERGENCY

WHEREAS, on March 7, 2016, the Silverton City Council adopted Ordinance No. 16-06 to impose a 3% tax on the sale of marijuana items by a marijuana retailer and added chapter 3.15 to the Silverton City Code; and

WHEREAS, pursuant to ORS 475B.345, the Silverton City Council referred Ordinance No. 16- 06 to the City electorate in the November 2016 statewide election; and

WHEREAS, the City electorate approved the 3% tax on the sale of marijuana items by a marijuana retailer; and

WHEREAS, The City collected the tax for the first quarter of 2017 but has entered an intergovernmental agreement with the Oregon Department of Revenue (DOR) to collect the tax pursuant to Resolution 17-10. As a result, the City now wishes to amend chapter 3.15 align the chapter’s terms with DOR’s collection of the tax.

NOW, THEREFORE, THE CITY OF SILVERTON ORDAINS AS FOLLOWS:

Section 1: The Silverton Municipal Code is amended as follows (additions underlined, deletions in strikethrough):

Chapter 3.15 Marijuana Tax 3.15.010 Purpose. For the purposes of this chapter, every person who sells marijuana items in the City of Silverton is exercising a taxable privilege. The purpose of this chapter is to impose a tax upon the retail sale of marijuana items.

3.15.020 Definitions. When not otherwise clearly indicated by the context, the following words and phrases as used in this chapter have the following meanings: A. “Marijuana items” means cannabinoid concentrates, cannabinoid extracts, cannabinoid products and marijuana. B. “Marijuana retailer” means a facility licensed by the Oregon Liquor Control Commission to sell marijuana to a consumer.

City of Silverton Ordinance No. 17-06 Page 1 of 7

C. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the State of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them. D. “Retail sale” means the transfer of goods or services in exchange for any valuable consideration and does not include the transfer or exchange of goods or services between a grower or processor and a marijuana retailer. E. “Retail sale price” means the price paid for a marijuana item, excluding tax, to a marijuana retailer by or on behalf of a consumer of the marijuana item. F. “Tax” means either the tax payable by the marijuana retailer or the aggregate amount of taxes due from a marijuana retailer during the period for which the marijuana retailer is required to report collections under this chapter. G. “Tax administrator” means any person designated by the City Council to collect the tax and enforce this chapter. H. “Taxpayer” means any person obligated to account to the tax administrator for taxes collected or to be collected, or from whom a tax is due, under the terms of this chapter.

3.15.030 Levy of Tax. The City of Silverton hereby imposes a tax of three percent on the retail sale price of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city.

3.15.040 Deductions. The following deductions are allowed against sales received by the marijuana retailer providing marijuana items: A. Refunds of sales actually returned to any purchaser; B. Any adjustments in sales that amount to a refund to a purchaser, providing such adjustment pertains to the actual sale of marijuana items and does not include any adjustments for other services furnished by a marijuana retailer.

3.15.050 Marijuana Retailer Responsible For Payment of Tax. A. Every marijuana retailer must, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the tax administrator, on forms provided by the tax administrator, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The marijuana retailer may request or the tax administrator may establish shorter reporting periods for any marijuana retailer if the marijuana retailer or tax administrator deems it necessary in order to ensure collection of the tax. The tax administrator may require further information in the return relevant to payment of the tax. A return is not considered filed until it is actually received by the tax administrator. B. At the time the return is filed, the marijuana retailer must remit to the tax administrator the full amount of the tax collected. Payments received by the tax administrator for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions that are not prejudicial to the interest of the City. A condition

City of Silverton Ordinance No. 17-06 Page 2 of 7

considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. The tax administrator will apply non-designated payments in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. D. If the tax administrator, in its sole discretion, determines that an alternative order of payment application would be in the best interest of the City in a particular tax or factual situation, the tax administrator may order such a change. The tax administrator may establish shorter reporting periods for any marijuana retailer if the tax administrator deems it necessary in order to ensure collection of the tax. The tax administrator also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest will be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. Marijuana retailers must hold in trust all taxes collected pursuant to this chapter for the City’s account until the marijuana retailer makes payment to the tax administrator. A separate trust bank account is not required in order to comply with this provision. E. Every marijuana retailer must keep and preserve records of all sales in an accounting format as required by Oregon Liquor Control Commission.

3.15.060 Penalties and Interest. A. Interest shall be added to the overall tax amount due at the same rate established under ORS 305.220 for each month, or fraction of a month, from the time the return was originally required to be filed by the marijuana retailer to the time of payment. B. If a marijuana retailer fails to file a return with the tax administrator or pay the tax as required, a penalty shall be imposed upon the marijuana retailer in the same manner and amount provided under ORS 314.400. C. Every penalty imposed, and any interest that accrues, becomes a part of the financial obligation required to be paid by the marijuana retailer and remitted to the tax administrator. D. If at any time a marijuana retailer fails to remit any amount owed in taxes, interest or penalties, the tax administrator is authorized to enforce collection on behalf of the City of the owed amount in accordance with ORS 475B.700 to 475B.755, any agreement between the Oregon Department of Revenue and City of Silverton under ORS 305.620 and any applicable administrative rules adopted by the Oregon Department of Revenue.

3.15.070 Failure To Report and Remit Tax – Determination of Tax by Tax Administrator. A. If any marijuana retailer fails to make any report of the tax required by this chapter within the time provided in this chapter, the tax administrator will proceed to obtain facts and information on which to base the estimate of tax due. As soon as the tax administrator procures such facts and information upon which to base the assessment of any tax imposed by this chapter and payable by any marijuana retailer, the tax administrator will determine and assess against such marijuana retailer the tax, interest and penalties provided for by this chapter.

City of Silverton Ordinance No. 17-06 Page 3 of 7

B. If the tax administrator makes a determination as outlined in subsection A, the tax administrator must give notice to the marijuana retailer of the amount assessed. The notice must be personally served on the marijuana retailer or deposited in the United States mail, postage prepaid, addressed to the marijuana retailer at the last known place of address. C. The marijuana retailer may appeal the determination as provided in section 3.15.080. If no appeal is timely filed, the tax administrator’s determination is final and the amount assessed is immediately due and payable.

3.15.080 Appeal. A. Any marijuana retailer aggrieved by any decision of the tax administrator with respect to the amount of the tax owed along with interest and penalties, if any, may appeal the decision to the City Council. B. The marijuana retailer must file the written notice of appeal within 10 days of the City’s serving or mailing of the determination of tax due. C. The Council’s decision is final subject only to judicial review pursuant to ORS 34.010 et seq. D. The City will serve the findings upon the appellant in the same manner as that used to give notice for a tax determination in section 3.15.070. Any amount found to be due is immediately due and payable upon the service of notice.

3.15.090. Refunds. A. The tax administrator may refund to the marijuana retailer any tax, interest or penalty amount under any of the following circumstances: 1. the marijuana retailer has overpaid the correct amount of tax, interest or penalty; or 2. the marijuana retailer has paid more than once for the correct amount owed; or 3. the tax administrator has erroneously collected or received any tax, interest or penalties. B. The tax administrator may not issue a refund under this subsection unless the marijuana retailer provides to the tax administrator a written claim under penalty of perjury stating the specific grounds upon which the claim is founded and on forms furnished by the tax administrator. The marijuana retailer must file the claim within one year from the date of the alleged incorrect payment to be eligible for a refund. C. The tax administrator has 20 calendar days from the date of the claim’s receipt to review the claim and make a written determination as to its validity. After making the determination, the tax administrator will notify the claimant in writing of the determination by mailing notice to the claimant at the address provided on the claim form. D. If the tax administrator determines the claim is valid, the claimant may either claim a refund or take as credit against taxes collected and remitted the amount that was overpaid, paid more than once, or erroneously received or collected by the City. The claimant must notify the tax administrator of the claimant’s choice no later than 15 days following the date the tax administrator mailed the determination and the claimant must do so in a manner prescribed by the tax administrator.

City of Silverton Ordinance No. 17-06 Page 4 of 7

E. If the claimant does not notify the tax administrator of claimant's choice within the 15- day period and the claimant is still in business, the City will grant a credit against the tax liability for the next reporting period. If the claimant is no longer in business, the City will mail a refund check to claimant at the address provided in the claim form. F. The City will not pay a refund unless the claimant establishes by written records the right to a refund and the tax administrator acknowledges the claim’s validity.

3.15.100 Actions to Collect. Any tax required to be paid by any marijuana retailer under the provisions of this chapter is a debt owed by the marijuana retailer to the City. Any tax collected by a marijuana retailer that has not been paid to the City is a debt owed by the marijuana retailer to the City. Any person owing money to the City under the provisions of this chapter is liable to an action brought in the name of the City of Silverton for the recovery of the amount owing. In lieu of filing an action for the recovery, the City, when taxes due are more than 30 days delinquent, may submit any outstanding tax to a collection agency. So long as the City has complied with the provisions set forth in ORS 697.105, if the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of $50.00 or 50 percent of the outstanding tax, penalties and interest owing.

3.15.110 Violation Infractions. A. In addition to the penalties provided in section 3.15.060, a violation of this chapter is punishable as set forth in Silverton Municipal Code; Title 1, General Provisions; Chapter 1.08, General Penalty. It is a violation of this chapter for any marijuana retailer or other person to: 1. Fail or refuse to comply as required herein; 2. Fail or refuse to furnish any return required to be made; 3. Fail or refuse to permit inspection of records; 4. Fail or refuse to furnish a supplemental return or other data required by the tax administrator; 5. Render a false or fraudulent return or claim; or 6. Fail, refuse or neglect to remit the tax to the City by the due date. B. The remedies provided by this section are not exclusive and do not prevent the City from exercising any other remedy available under the law. C. The remedies provided by this section do not prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or City ordinance.

3.15.120 Confidentiality. Except as otherwise required by law, it is unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this chapter. Nothing in this section prohibits any of the following: A. The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana is sold or provided; or

City of Silverton Ordinance No. 17-06 Page 5 of 7

B. The disclosure of general statistics in a form which would not reveal an individual marijuana retailer’s financial information; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the tax administrator or an appeal from the tax administrator for amount due the City under this chapter; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business’ failure to report and remit the tax when the report or tax is in arrears for over six months or when the tax exceeds $5,000. The City Council expressly finds that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5).

3.15.130 Audit of Books, Records or Persons. The City may examine or may cause to be examined by an agent or representative designated by the City for that purpose, any books, papers, records, or memoranda, including copies of marijuana retailer’s state and federal income tax return, bearing upon the matter of the marijuana retailer's tax return for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due. All books, invoices, accounts and other records must be made available within the city limits and be open at any time during regular business hours for examination by the tax administrator or an authorized agent of the tax administrator. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the tax administrator may immediately seek a subpoena from the Silverton Municipal Court to require that the taxpayer or a representative of the taxpayer attend a hearing or produce any such books, accounts and records for examination.

3.15.140 Forms And Regulations. A. The tax administrator is authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of the marijuana tax and to provide for: 1. A form of report on sales and purchases to be supplied to all vendors; 2. The records that marijuana retailers providing marijuana items must keep concerning the tax imposed by this chapter.

Section 2: That this ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage.

City of Silverton Ordinance No. 17-06 Page 6 of 7

Ordinance adopted by the City Council of the City of Silverton, this 3rd day of April 2017.

______Mayor, City of Silverton Kyle Palmer ATTEST

______City Manager/Recorder, City of Silverton Christy S. Wurster

City of Silverton Ordinance No. 17-06 Page 7 of 7 SILVERTON CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCILORS

Agenda Item No.: Topic: Special Event Application 8.2 Request by the Oregon Report No.: Garden 17-44 Agenda Type: DISCUSSION/ACTION

Meeting Date: April 3, 2017 Attachments: Yes No Prepared By: Dianne Hunt Reviewed By: Christy S. Wurster Approved By: Christy S. Wurster

RECOMMENDED MOTION: A motion to authorize the City Manager to establish a special fee at $5,000, with a refundable $5,000 deposit, for a one-time only Special Event Application for the Oregon Garden to use the City of Silverton Westfield Property for camping during the 2017 Solar Eclipse.

BACKGROUND: The City has received a Special Event Application from the Oregon Garden to use the Westfield Property from August 15 – August 22, 2017 to be used for camping during the 2017 Solar Eclipse. The property is zoned for Public Use and is allowed under the City’s Temporary Use Permit process. However, the property was not intended as a camping facility and necessitated a special review to consider and process the request for use of the Westfield Property. The City does not have an established fee for a Mass Gathering event for camping at this location. Staff recommends setting a Mass Gathering fee at $5,000, with a refundable $5,000 deposit.

To protect the City’s interest and the community’s public safety and risk management, staff has prepared the Special Event Application to include additional Conditions of Approval for a Mass Gathering for camping, which are listed starting on Page 99 of the Application.

Staff met with Oregon Garden representatives on March 13 and reviewed the application. They are agreeable to the terms.

BUDGET IMPACT: FY(s): 2017-2018 Funding Source:

Attachments: 1. Special Permit Application with the Conditions of Approval 2. Chief Fossholm Memo 3. Temporary Use Permit 4. Marion County Mass Gathering Guidelines Attachment 1 to Staff Report 17-44

Special CITY OF SILVERTON

Special Event Application (For Use of Public Property or City Right-of-Way)

Packet and Guidelines

Table of Contents Introduction ...... 1 What is a Special Event? ...... 1 Application Information ...... 1 Permit Information ...... 2 Application Process ...... 2 Event Planning Information ...... 3-5 Application Form ...... 6 Conditions of Approval…………………………………………………………………………………………………………7-10 Signatures and Approvals………………………………………………………………………………………………………..11 INTRODUCTION Our community loves to celebrate public events and small gatherings. Some events, though, may require permits. Thank you for considering the City of Silverton as the site for your event! This guide is designed to help you find and reserve the space that meets your needs, and explains our process and some of our policies and rules. To reserve Coolidge McClaine Park, please complete the Park Reservation Rental Packet available online at www.silverton.or.us under Online Services/Events. Submit completed application forms to Public Works Department.

The City of Silverton is dedicated to a policy of non-discrimination on the basis of race, color, religion, sex, national origin, disability, age, or genetics. The City of Silverton provides access, equal opportunity and reasonable accommodation in its services, programs, activities, education and employment for individuals with disabilities.

WHAT IS A SPECIAL EVENT? A Special Event is any event on city property involving a street closure, a parade, or where the attendees and/or participants will exceed 200 persons at any one time or during any one day of the event.

Special Events may include, but are not limited to: • Concerts & Performances • Festivals & Outdoor Events • Walks, Runs, and Bike Rides • Picnics/Private Groups • Block Parties • Sports • Parades

APPLICATION INFORMATION The Special Event Application is required for any Special Event, and is accepted up to one year in advance on a space-available basis. Applications must be received at least 75 days prior to the event.

The Special Event Application allows for scheduling of Facilities, provides the Applicant with event planning information, and serves as a checklist to assist in guiding the Applicant through the process of obtaining necessary permits and fulfilling other event requirements.

The Special Event Application provides the City of Silverton with a mechanism to prevent usage conflicts, allow for necessary site/facility preparations, provide appropriate staffing, ensure appropriate event security/public safety, and avoid overuse of sites, facilities, and available resources.

Note: The City of Silverton recognizes many events which occur annually on predetermined dates (i.e., first weekend in August). Such events may receive priority scheduling through the Special Event Application process. Facility reservation requests cannot conflict and/or interfere with City of Silverton programs, activities, or scheduled administrative use.

Special Event Applications are available online at www.silverton.or.us under Online Services/Events. Submit completed application forms to City Administration.

2 PERMIT INFORMATION Depending on your Special Event, permits and plans may be required. Types of City permits/plans that may be required are: • Site Plan • Security/Public Safety Plan • Street Closure/Parade Permit & Traffic Control Plan • Driving In, On, or Through City Parks Plan • First Aid Plan • Portable Restroom Plan • Alcohol Permit: Note: Alcohol will not be permitted in city streets. • Block Party Permit • Noise Permit

Marion County, Oregon Liquor Commission, and/or Oregon Department of Transportation permits may be required for some events.

APPLICATION PROCESS Application Form: Complete the Special Event Application and submit it to the City Administration office, 306 S Water Street, Silverton OR 97381. All Applications are subject to a review process to ensure that the request can be accommodated and to determine if additional information, services, and amenities are required.

Upon submission and review of a Special Event Application City staff will work with the Applicant to list any required plans and/or permits along with timelines for submission.

The City requires as much as two weeks responding to submissions. Submitting an application does not guarantee acceptance. Applications are reviewed by the Police Department and Public Works Department, and approved by the City Manager. You will be notified when the application is approved.

Damage Deposit: If a refundable damage deposit is required, you will be notified by city staff. If facility is left clean and free of damage, the damage deposit will be refunded within 30 days after the conclusion of the event.

Payment Methods: If payment is required, you will be notified by city staff. Walk-in payment may be made by cash, check, or credit card. Personal checks will not be accepted later than 60 days prior to the event. If a check is returned NSF, facility reservations may be cancelled.

Event Modifications: Any modifications to an approved Special Event Application and accompanying permits/plans (i.e., alcohol permit, street closure permit, site plan) must be approved by City Staff, in writing at least 14 days prior to the event date. (Event modifications may include the types of services/activities provided at the event, the number of participants/attendees anticipated, the number or types of vendors, etc.)

Cancelling an Event: All cancellations must be made in writing. Alcohol permit fees are non-refundable for any reason.

EVENT PLANNING INFORMATION

The following information will assist you in planning a great event experience. In some cases, the size of your group and the activities you have planned may mean higher fees. It may also mean that some sites will not accommodate or work well for your event, or that your event may need to be moved to an alternate date.

Reservation Hours: All sites are reserved based on the hours noted on the approved Special Event Application. Set up and clean-up activities are to take place during approved hours.

Site Amenities: Each site offers a unique setting for events. Site capacity and amenities vary from site to site.

Event Requirements: If the City determines that an event may have a potential significant impact to a site and/or be for large scale commercial use, certain items or conditions may be required for the event. These may include items such as, trash and litter pick-up, recycling program, signage, promotional materials, security, traffic control, portable restrooms, first aid, etc.

Certificate of Insurance: A certificate of liability insurance is required for all Special Events. The City may also require commercial/business liability insurance when a product or merchandise is being sold on City property. The certificate must provide insurance coverage of at least $2,000,000 aggregate. The City of Silverton must be named as an additional insured and have a copy of the insurance certificate on file at least 30 days prior to the event, or the Application will be cancelled.

Venue Set Up: As part of the application process, a site plan for your event may be required. In such cases, City staff will work with the applicant to develop an event site plan. The site plan will determine the placement of stages, vendor booths, portable toilets, trash totes, vehicle access routes and parking, utility hook-ups, alcohol sales and consumption location, etc. Venue set-up must meet all requirements set forth by the Fire Marshal and/or the City of Silverton, and is the responsibility of the Applicant.

City staff will coordinate all items with the individual designated as the Event Point of Contact and will be involved as expressly set out in the Special Events Application. Plans will be reviewed for compatibility with other scheduled events at the same venue or in the same vicinity. If the City determines events are incompatible, the application will not be approved.

Portable Toilets: Depending on size, type, and location of event, additional portable toilets may be required at applicant’s expense.

The following are daily capacities for our existing restrooms in City owned parks. If an event exceeds these capacities the event coordinator is required to supply additional restroom facilities meeting all health code requirements.

Coolidge-McClaine Park – 250 people per day Town Square Park – 150 people per day Silverton Reservoir Marine Park – 150 people per day

Trash & Recycling: Depending on the size and type of event, additional trash and recycling receptacles may be required at applicant’s expense. Applicants shall be responsible for removing trash and recycling from the location. The City may supply trash/recycling receptacles and bags.

Street Barricades & Road Signage: Depending on the size, type, and location of event, street barricades and street signage may be required at applicant’s expense. The applicant is responsible to coordinate necessary equipment and provide placement plans for review and approval by the City.

Please note: the City of Silverton has a limited amount of barricades that may be checked-out, depending on availability. Each applicant shall be responsible to verify availability no less than two weeks in advance of the event. Barricades, if available, shall be provided on a first come, first served basis. Applicant shall be responsible to call the Public Works Maintenance Division at 503-873-6359 to coordinate pick-up and return of barricades. All barricades must be “checked-out” and “checked-in” in person at the Public Works Maintenance Shop and in the presence of a Maintenance Division staff member. Barricades are not to be dropped off without being “checked-in” nor are they to be dropped off at any other City Facility.

Security: Security may be required at the applicant’s expense. The applicant is responsible to coordinate necessary security and provide plans for review and approval by the City. The City reserves the right to deny a Special Event Application when, in the opinion of the Chief of Police and/or City Manager, it is deemed necessary in order to ensure public safety.

First Aid: Depending on the size and type of event, a first aid station or EMT may be required at applicants’ expense.

Health Department Permits: The applicant is responsible to secure and post appropriate County Health Department permits as may be required of the Applicant or vendors/groups involved in the event.

State Liquor License: When OLCC licenses are required, a copy must be submitted with the alcohol permit application.

In addition, as part of the City’s alcohol permit process, a certificate of host liquor liability insurance will be required. The certificate must provide host liquor liability insurance coverage of at least $2,000,000 aggregate. The City of Silverton must be named as an additional insured and have a copy of the insurance certificate submitted with the City’s alcohol permit application.

For an Alcohol Permit, contact City Administration at 503-874-2204.

Music & Entertainment: The playing of amplified music is only permitted with written permission from the City Manager. The City reserves the right to monitor, cancel, or terminate a performance if it is not deemed suitable for public broadcasting. Loud music may be permitted as deemed suitable to the individual event (based on venue, attendance, etc.). The Police Department is responsible to monitor music levels, per event. If music is deemed to be too loud, the volume must be reduced or the event will be terminated. Lewd behavior and excessive profane lyrics are deemed inappropriate and will not be allowed.

For a Sound Permit, contact City Administration at 503-874-2204

Tents & Canopies: Tents or canopies are allowed at some locations and are subject to the rules, regulations, and inspection by the Fire Marshal and the Public Works Director. If canopies or tents are used, they must be weighted down, and not staked. Digging and/or driving stakes into the ground is prohibited; except with express, written permission of the Public Works Director.

Signs, Banners, and Stickers: Signs may be posted on sandwich board type structures only. Signs are not allowed to be nailed, stapled, or bungee corded to trees, buildings, light poles or road signs, or to be affixed to stakes driven into the ground, and/or painted on any pavement or hard surface; except with express, written permission of the Public Works Director.

Banner space reservations are scheduled on a first-come, first-served basis. Applicants can reserve space for hanging their banner via the City’s website at www.silverton.or.us.

Sale of Food, Beverages, Merchandise, and/or Admission: A business license may be required for your event, as outlined in the Silverton Municipal Code. When required, a copy of the Applicant’s business license must be submitted with the Special Event Application.

6 CITY OF SILVERTON 306 S Water St 'yiYOFC- Silverton, OR 97381 @>B^&QN Special Event Application (For Use of Public Property or City Right-of-Way) Allplkotlon must besubmitted at least 7Sdays prior to event EVENT DATE, TIME, & LOCATION EventName: '"T'G-t-M (\A^ (^ 4Vv(l^lAd[nlîA-<^ClGV)^t-_ ^ (^^ ^ ^ ., "D"'LJ - '^~U".J ''~\ffeu\ -te y^flLt^kwM F.S ;;.^'^, ;^&-/:;;s'-;^;EyeN TCO^CT:fNFORi(toO N/.^:^ PrimaryContact: MftV^ ÂA^l/^; . Telephone: ^D2> .fe^-1-ZS.^T)- AlternateContaffiQAVl^V^J! ^5\Q. Telephone: Ô. . <^\-7^[ D EVENTATTENDANCE .. Estimated Number of Participants by Category Attendees/Partidpants: _i_33l£__ Bikes:_ Animals: vendor's:_ Vehicles: _SlS___ Floats:

Staff/Volunteers: 1^~> Bands:

£-"."I~1 . .. . < ' - I - May 2014 t'v/ U^>"f \'--' J-"-s ^ . c O^OfC ' v '/ .r.^ OREGON GARDEN RESORT CAMPING UPDATED 3/2/17 2:50 PM

*GETTING HERE

*CAMPING FAQ

BOOKING YOUR CAMPSITE Advance reservationsare required for all campsites and camping is limited so book early-we will sell out! No single night camping available; only multiple festival nights as indicated. Sites and locationsare booked on a firstcome, firstserved basis.

A camping pass DOES NOT include Festival Admission; all campers must purchase a Festival Admission Pass in order to camp and attend the Festival. You will be directed on what festival admission passes to purchase during the online camping reservation process. Kids ages 4 and under are admittedfree with a paid adult. No pets allowed.

WHAT TYPE OF CAMPSITE ARE YOU LOOKING FOR? We have a variety of campsites for RVs, cars/tents, trailers, 5th wheels, and vans. To help you make the best choice for your needs and budget, the camping areas are described and identifiedin the map below. The photographs and drawings represent a visual example of the terrain and not a specificsite. After reading about the various camping options,go directly to online reservations at the bottomof this PDF to reserveand purchase your site. You may want to print this document or keep it open on your computer as reference.

CAMPGROUND AMENITIES • Mobile Phone Charging Stations • The Hub with Free Wi-Fi • Food & Beverage Vendors • Portabletoilets, showers and trash dumpsters in all camping areas • Farmers Market in Silverton • Free Water RefillStations at various locations

GENERAL CAMPING AREA • To view campground areas, click here. • Camping passes are sold on a per-site (not per person) basis. • Pass priceincludes one vehicle. Extravehicle passes are $35 per vehicle, and sold as available, maximumone per campsite. • RV Camping is considered anythingwith wheels (fifth wheels, motor homes, camper-vans, travel-trailers,truck campers, tent-trailers.) "Tent-Only"Camping is restricted to tents (no tent-trailers.) • Campsites within walking distance of thefestival may sell out early. • View complete Camping Rules and Regulations. • Download a Camping Map & Directions. •

1 CAMPGROUND SITE DESCRIPTIONS

Westfield Campground

Car is parked next toyour tent [see drawing below. ) Only one (1) car+tent, small van, pickup truck allowed. Located directly acrossW. Main Streetfrom the Oregon Garden Venue.

. Approximately 513 primitive campsites. Overflow parking lot nearby. . Portable restrooms, trash dumpsters, water refill nearby. . No RVs or trailers. Popup tents are okay In this area but tow vehicle counts as your single vehicle. Pickup trucks with small fixedcamper shells and small vans are ok and count as your single vehicle (vanand pick up truck sizes not to exceed200 -2S1' long, 75-108" high, 110"wide - compare Ford Econoline or Ford F150 Truck). . Pop up shade structures suggested; No shade available. . Quiet hours in this campsite are 12AM-8AM. Bring your musical instruments but be respectful ofyour neighbors. No amplified music or late night drumming. Portable generators are not allowed in this campground. . Only propane grills may be used; No campfires, wood burning or charcoal grills permitted. Depending on conditions, community campfires may be strategically located for homegrown evening entertainment . Additional vehicle cost is $35 per vehicle for the weekend, and must be parked at nearby overflow lot (Only 1 additional vehicle allowed per camping site. ) Save money and the planet-please carpool!

10'x25' site 6 people maximum 1 vehicle per campslte only 1-2 tents or a pop-up shade structure per site.

25'

PLANNING CHECKLIST CONDITIONS of APPROVAL The following Conditions of Approval shall apply for the one time Special Event application for the use of the City of Silverton Westfield Property for tent camping (no RVs or trailers) during the 2017 Eclipse Event. All documents and fees must be submitted to the City no less than 60 days prior to the event.

GENERAL CONDITIONS

Required Description Dept. City Approval SITE PLAN A detailed site plan on a separate sheet of 11 x 17 paper City showing all necessary General, Public Safety and Public Works Mgr. conditions, including but not limited to the type, number and location of entry and drive isles, all portable toilets, washing facilities, water supply, food preparation/service facilities and sold waste collection sites. INSPECTIONS A pre-event walk through is required with representatives from City Silverton Fire, City Police and Public Works, and Event Mgr. Manager. The City also reserves the right to inspect the grounds at any time. If any inspections reveal deficiencies in compliance with State or local law, the inspectors may return as often as needed until the deficiencies are cured. If the deficiencies are not corrected, the Police Chief, Public Works Director or City Manager may terminate the Event. NOTIFICATIONS Written notification must be hand-delivered to all adjacent City neighbors and businesses according to Silverton Temporary Mgr. Use Permit notification requirements. Notification letter must have approval by the City before delivery. (See attached list for names and addresses of affected properties.) FEE Make check payable to ‘City of Silverton’. PW 1. Deposit, in lieu of a Bond: $5,000. Includes any damage and costs if clean-up is not completed to City’s requirements. Deposit is refundable if there is no damage incurred and clean-up is completed on time. 2. Mass Gathering Fee: $5,000. The fee is based on the location, attendance and duration of the event and is required to be paid in full no later than sixty (60) days prior to the event. INSURANCE The certificate must provide insurance coverage in the amount City CERTIFICATE of $2,000,000 aggregate. The City of Silverton must be named Mgr. as an additional insured and have a copy of the insurance certificate to the City at least 60 days prior to the event, or the Application will be cancelled. Certificate of Insurance must accompany the Application. Any additional required insurance coverage charged to the City shall be the responsibility of the Applicant. PERMIT POSTING Any permit issued shall be kept posted in a conspicuous place City upon the premises of the assembly. Mgr.

8 CAMP SITES 1. The number of camp spaces shall be limited to a maximum City of 150 sites. Mgr. 2. Camping spots need to be sized at 20’ x 30’ minimum, which allows an 8’ x 8’ or 12’ x 14’ pad for tents, and vehicles. 3. All driveways and drive isles in the camping area need to be a minimum of 26 feet wide, and be in such condition that emergency vehicles can easily and safely transverse within the camping area. Corners need to be at 28’ inner and 48’ outer radius (Fire Standard) that can accommodate their rescue and fire vehicles. 4. Driveways and Camping Spaces need to be clearly marked or posted to keep driveways clear of parked vehicles and camping spaces outlined for users. 5. No camp sites or vehicles will be allowed outside camp grounds, such as on the ingress/egress roads, and are limited to the most northerly side of the ditch. CAMP RULES Clearly posted camp rules at entrance and within the camping City area and hand out flyer for each vehicle outlining the camping Mgr. rules and regulations. Suggested items to include: • Quiet Hours • Amplified Sound Restrictions • No Alcohol, Marijuana, Firearms, Fireworks • No open fires, Charcoal BBQ • Propane BBQ – ok for use • Other appropriate information QUIET HOURS Amplified Sound will not be approved. Acoustic sound is City AND SOUND prohibited within 1,000 feet of any neighboring residence. Mgr. Portable generators are prohibited. Quiet hour shall be between 11:00pm and 8:00am

PUBLIC SAFETY/SECURITY The applicant is responsible to coordinate necessary Police requirements and provide plans for review and approval by the Chief of Police to ensure for the safety and security during the event.

CONTACT PERSON A contact person, (camp host), who can be easily identified PD must remain on site at all times during the event. Contact information must be provided to the City. FIRST AID STATION No less than one first aid station staffed by individuals PD trained in first aid techniques and available to all users (could be set up at Camp Host space). ON-SITE 24-HOUR Organizer must provide one Security Person for each 100 PD SECURITY people camping. All security personnel must wear an PERSONNEL appropriate identifying uniform and must be on duty during the entire event. DPSST (Department of Public Safety Standards and Training) certified preferred.

9 ALCOHOL AND Applicant shall not permit any alcohol or illegal drugs, to be PD ILLEGAL DRUGS used on the premises. The Applicant shall immediately notify the Silverton Police of the use of any illegal substances on the property and identify the individuals to the responding Officer. PARKING Parking staff must be available during peak times to allow for PD PERSONNEL orderly ingress and egress and proper parking into camping spaces. CROSSING Crossing Guards must be available to assist with foot traffic PD GUARD(S)/ TRAFFIC crossing W. Main St. to the Oregon Garden’s property during FLAGGER event hours. Traffic control personnel must wear ANSI approved vests. FIRE PROTECTION Applicant must submit to the City a Fire Protection Plan for PD PLAN approval by the Silverton Fire District prior to the event.

PUBLIC WORKS CONDITIONS The applicant is responsible to coordinate necessary Public Works requirements and provide plans for review and approval by the Public Works Director to ensure the safe and efficient flow of vehicles and people.

MOWING The Property must be mowed short no more than 2 weeks prior PW to the event to remove as much fire fuel and fire hazard as possible prior to allowing anyone on it. INGRESS/EGRESS Westfield Property shall have two (2) separate exit points to PW ensure prompt evacuation of campers if needed. This will require a temporary driveway access onto W. Main St. (County Road) authorized and approved by Marion County Public Works. DUST CONTROL An appropriate Dust Control Plan needs to be submitted to limit PW PLAN dust created by traffic driving on dirt. (Example: Water truck to wet down roads). TRAFFIC CONTROL The Public Works Director must review and approve the Traffic PW PLAN Control Plan prior to the event, showing the parking facilities within the location. Ingress and egress shall be shown on the plan and provide for safe movement of any vehicle at any time to or from the parking area, including West Main St. STREET Depending on the size, type, and location of event, street PW BARRICADES & barricades and street signage may be required at Applicant’s ROAD SIGNAGE expense. The Applicant is responsible to coordinate necessary equipment and provide placement plans for review and approval. Contact Public Works at 503-874-2281 for reservation information TEMPORARY Any temporary lighting must be oriented so that no light shines PW LIGHTING onto adjacent properties.

10 HEALTH Applicant must secure and post appropriate County PW DEPARTMENT Environmental Health Division permits, as may be required PERMIT relating to water supplies, sewerage facilities, refuse storage and disposal, food and sanitary service, and emergency medical facilities. The following items are the City’s minimum requirements; however, Applicant must comply with Marion County regulations. 1. Applicant shall provide no less than one (1) hand washing station for every 50 people. 2. Applicant shall provide campers sufficient potable water to use for bathing, shaving, cleaning dishes, and preparing meals. PORTABLE Organizers shall provide one (1) portable restroom unit for PW RESTROOMS every 10 camping spaces. TRASH & RECYCLING Organizers shall provide sanitation (garbage) cans regularly PW spaced among the camp spaces. That would be emptied each day or as needed when almost full. CLEAN-UP Organizers are required to pick up all litter, garbage, hazard PW material and waste during the event with final clean-up to be completed no later than 72 hours after the event is over. Property is to be returned to pre-event condition.

CERTIFICATE OF INSURANCE – See General Conditions Above

11 RELEASE & INDEMNITY AGREEMENT The undersigned, by signature below, shall defend, indemnify, and hold the City, its officers, agents, and employees, harmless against all liability, loss, or expenses, including attorney’s fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by an act or omission of an act sustained in any way in connection with the performance of this event or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. This contractual indemnity provision does not abrogate common law or statutory liability and indemnification to the City, but is in addition to such common law or statutory provisions.

APPLICANT SIGNATURE I hereby submit a City of Silverton Special Event Application. I agree that I am of legal age and responsible for the care of all property and/or City Rights-of-Way, and that I am responsible for the repair of any damage of Public Property, Equipment, and/or City Rights-of-Way and for the replacement of any inventory or equipment lost or damaged.

I have read, understand, and agree to comply with all rules and regulations set forth by the City of Silverton. I certify that I have been provided a copy of the City policies and guidelines and understand that these rules and regulations are subject to change without notice.

I understand that I can be cited by the Silverton Police Department for providing false or misleading information or for violating application requirements and, upon citation, be punished by fine. I further understand that this application is revocable at any time and is not transferable. In the case this application is revoked, any fees paid by me are non-refundable. (SMC 12.48.050). I agree that I am authorized to enter into and sign the application on behalf of the Oregon Garden. I further agree that I shall abide by all federal, state, and municipal equal opportunity laws and regulations prohibiting discrimination.

Printed Name of Applicant Title/Office

Signature of Applicant Date

OFFICE USE ONLY FINAL APPROVALS:

Police______Date______Total Fees Paid $______Date______

Public Works______Date______Amount Deposit Returned $______Date______

City Manager/Designee______Copies to: Applicant Police Dept. Public Works

Date______Administration

12 Attachment 2 of Staff Report 17-44

CUT OF' Working in a proactive partnership with our community to solve /(On'iniBI problems andenhance the quality of life for our citizens.

Memorandum

March 20, 2017

To: Christy Wurster, City Manager Dianne Hunt, Administrative Services Director From: Jeff Fossholm, Chief

Re: Oregon Garden Request to use City Property for Eclipse Camping

The Solar Eclipse occurs on Monday following the annual Fine Arts Festival. The large number of people being added to the City over this particular weekend will only serve to exasperate the level of services being able to be provided within and throughout town to our citizens. If the August the weather turns hot (90+), the police department will also be dealing with other issues in the downtown, neighborhoods and waterways including the Silverton Reservoir. As you consider approving these additional camping sites please be mindful that we have limited resources and personnel to effectively address public safety and livability concerns.

The original Oregon Garden's proposal requested use of the City's property (vacant field) located on Westfield Street below the Skate Park for additional camping. It was my understanding that as we began this process and to plan for this event, it was a limited onetime event for the Solar Eclipse in which Silverton falls within the path of totality for best viewing of the event.

The City of Silverton has not really had any mass gathering events over the years other than parades through town and the Homer Days and Art Festival held in the City Park. Silverton therefore has not developed or enacted any mass gathering rules or regulations into the Municipal Code. Marion County has a County Ordinance which addresses all aspects of mass gathering events and serves as a model for us on events such as this. For Marion County a mass gathering is 3000 people on any one day or 750 people over a three (3) day period. The Marion County Ordinance sets a fee of $5, 000. 00 per event.

On a second and more detailed proposal submitted by the Oregon Garden on March 2, 2017, they modified the paperwork to add: Camping for the Oregon Gardens Brew Fest June 15-18, 2017, into the same land use and camping plan as the one for the Solar Eclipse. For the following reasons, I cannot support adding camping on city property or/on other sites around town for the Brew Fest:

. It sets a dangerous precedent related to a large alcohol event being held in the City which occurs each year. Once approved, it will be a re-occurring request for each year moving forward.

. There has not been enough advance notice or discussion with the police department for additional staffing as would be required by modifying the event. Since it was not discussed with us or the City, we did not restrict any vacations or time off requests during the June Brew Fest weekend. Other issues include operating costs and who should actually pay for the additional officers needed to address the increase in attendees and problems associated with additional camping, and intoxicated subjects around town which provide little benefit to the rest of the city.

Having camping across the street from the Oregon Gardens will encourage more foot traffic across W. Main St. and Westfield St. as campers go back and forth to the Brew Fest Event with some of the people intoxicated and impaired and at risk for not making safe highway crossings.

Providing camping on public lands via a special use permit competes against private section businesses who are in business to provide the same or similar amenities for tourists.

With Regard for One-time Solar Eclipse Camping I have reviewed the Oregon Garden proposal for'tent camping only with 513 spaces, up to eight (8) people allowed per space, with a worst case scenario of 4100 people camping at once on the Westfield property. From a Public Safety perspective, I recommend the following requirements be set as a 'condition of use'for the City to allow use and/or accept any liability for allowing such use on Westfield Property.

^ A flat fee for the rental of the property should be assessed to the renter, as they are only creating this campground on hopes of it being a for profit venture. A set amount of $5, 000. 00 is charged for a Marion County Mass Gathering Permit. The City should charge a flat fee for the 'Conditional Use" without regard to whether the campground is full or partially occupied.

./ The Westfield Property would need to be mowed short prior to use to remove as much fire fuel and fire hazard as possible prior to allowing anyone on it. Due to low profile vehicle's hot exhaust and catalytic converters that will ignite grass if they touch it. Also, all obstacles or hazards in the field would need to be clearly marked and flagged.

^ Westfield Property shall have two (2) separate exit points (one entrance ok) to facilitate quicker evacuation of campers if needed during an emergency. This will require a temporary driveway access onto W. Main St. (County Road) which needs to be authorized and approved in advance by Marion County Public Works. «/ All driveways in the camping area need to be a minimum of 20 feet wide, and be in such condition that emergency vehicles can easily and safely transverse within the camping area. Corners need to be at 28' inner and 48' outer radius (Fire Standard) that can accommodate their rescue and fire vehicles.

^ Driveways and Camping Spaces need to be clearly marked out or posted to keep driveways clear of parked vehicles and camping spaces outlined for users.

^ Camping spots need to be sized at 20' x 30' minimum, which allows parking and a 8' x 8' or 12' x 14' pad for tents. (Proposed size of 10' x 20' per camping space) does not allow or accommodate larger vehicles or pick-ups while still allowing adequate tent space and areas for pop-up shade covers and seating for campers. This big size requirement is based on best practices and minimum sizes for tent space requirements from Oregon Parks Department. The change in camp space size requires the camping plan and map to be reconfigured and will provide a significant and overall lower number of camping spaces which will be allowed on the property.

^ A contact person (camp host) who shall be easily identified will remain on site at all times during the event.

^ A Dust Control Plan needs to be submitted to limit dust created by traffic driving on dirt. (Example: Water truck to wet down roads).

^ On site 24 hour Security Personnel (one Security Person for each 100 people camping).

^ Parking Personnel during peak times to allow for orderly entry and egress and proper parking into camping spaces.

^ Portable Restroom - Shall provide one (1) restroom unit for every 10 campsites.

^ Shall provide one (1) hand washing station for every 50 people camping.

^ Should provide campers sufficient potable water to use for bathing, shaving, cleaning dishes, and preparing meals.

^ Shall provide sanitation (garbage) cans regularly spaced amongst the camp spaces. That would be emptied each day or as needed when almost full.

.^ A staffed First Aid Station available to all users (Could be set up at Camp Host Space).

^ Crossing Guard(s)/ Traffic Flagger to assist with foot traffic crossing W. Main St. to the Oregon Garden's property during business hours of the Oregon Garden. ^ Have clearly posted camp rules on pre-fabricated sign at entrance and within the camping area and hand out flyer for each vehicle outlining the camping rules and regulations. Quiet Hours o Alcohol Rules - Current City Code restricts alcohol on City Property o Marijuana Smoking o Amplified Sound Restrictions No open fires o No charcoal BBQ c Propane BBQ - ok for use o Etc.

^ Clean-up Crew required to pick up all litter, garbage and mess after event is over and to return property to a pre-camping state.

^ Deposit (for damage or clean-up) in the amount the Public Works Director recommends to cover costs if clean-up is not completed to the level the City expects.

For any additional camping at otner lots or locations which would allow Recreational Vehicles, the RV Spaces need to be re-sized to larger spaces. Best practices and design standards out of Northern Arizona University, indicates RV spaces need to be minimally at 30' wide for slides 1' to 4' on each side and awnings and at least 50' long to accommodate Motorhomes with towed-vehicles, pickups and Fifth Wheels or vehicles bumper-pulling Trailer Houses.

Another question to be answered or addressed in advance (with approval of camping spaces) for the event relates to what type of problems or rule violations Council will expect the Police Department to deal with directly? Generally speaking are any camping related problems something for onsite security personnel or the camp host to address with the campers and not the police? We would just want clear understanding between the various involved groups so everyone knows what to expect as we move forward.

It Is my opinion that any campsite rule violations need to be first dealt with by the Camp Host and/or Camping Security personnel. If compliance is not able to be gained by them, then they should contact police personnel to assist in correcting the violation. Attachment 3 of Staff Report 17-44

4.9. 100 Temporary use permits. Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporarycarnivals and fairs, parking lot sales, retail warehousesales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval (See subsections (A), (B) and (C) of this section):

A. Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 30 days. Using the Type II procedure under SDC 4. 1. 300, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:

1. The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e. g., prior development permit approval);

2. The applicant has proof of the property owner's permission to place the use on his/her property;

3. No parking will be utilized by customers and employees of the temporary use that is needed by the property owner to meet their minimum parking requirement under Chapter 33 SDC, Parking and Loading;

4. The use provides adequate vision clearance, as required by SDC 3. 1. 200. and shall not obstruct pedestrian access on public streets;

5. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by SDC 3. 1. 200. Vehicular access and circulation;

6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use; and

7. The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.) ijtu.j^Li/A -/. A. -/ ivj. r-^LjLj ^jzTi. ±ii^>i\ii^ikj>^ rage l or 8

Attachment 4 to Staff Report 17-44

Chapter 9.25 MASS GATHERINGS

Sections:

9.25. 010 Authority. 9.25. 020 Regulation of mass gatherings. 9. 25. 030 Definitions and exceptions. 9.25.040 Permit required. 9. 25. 050 Hearing required. 9.25. 060 Notice of public hearing. 9. 25. 070 General approval criteria. 9.25.080 Insurance. 9.25.090 Fire protection plan. 9.25. 100 State health rule compliance and medical service. 9.25. 110 Public safety. 9.25. 120 Parking and traffic control. 9.25. 130 Permit posting. 9. 25. 140 Inspection of premises. 9.25. 150 Restricted hours of operation. 9.25. 160 Organizer responsible for preserving order. 9.25.170 Enforcement 9.25. 180 Intoxicating liquor prohibited. 9.25. 190 Use or possession of illegal drugs prohibited. 9.25.200 Compliance required. 9.2S. 210 Review of board's action. 9.2S. 220 Public nuisance and violations.

9.25.010 Authority. This chapteris adoptedin accordancewith ORS 433. 735through 433. 770 (2005). [Ord. 1230§ 1, 2006.]

9.25. 020 Regulation of mass gatherings. An outdoor mass gathering of people in the unincorporated areas ofMarion County shall only be allowed by permit issued by the board of commissioners f the board") following a public hearing. The board may impose reasonable conditions on the outdoor mass gathering in the permit. Except in cases for which this chapter provides a different standard, procedure or definition, the board shall issue permits for outdoor mass gatheringsin accordancewith the proceduresand regulations established by ORS433. 735throuah 433. 770 (2005). [Ord. 1230 § 2, 2006.]

9. 25. 030 Definitions and exceptions. A. As used in this chapter:

Illegal drugs" means any drug, the possession or distribution of which is unlawful under state law or under the Controlled Substances Act, 21 USCA 812, as amended, but does not include the use of a dmg taken under the supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law.

Large gathering" means an assembly of persons whose actual number is, or reasonably can be anticipated to be:

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1. More tnan 3. 000 persons at any time: or

2. More than 750 persons at any time on each of three calendar days during an assembly that continues or can reasonably be expected to continue for more than 120 hours;

and is held primarily in open spaces and not in any permanent structure within Marion County. Included within the calculation of hours is any time in excess of 48 hours necessary to set up the event or any time In excess of 48 hours necessary to dean up afterward.

"Organizer" means any person who holds, conducts, stages or sponsors an outdoor mass gathering and includes the owner, lessee and possessor of the real property upon which the outdoor mass gathering is taking place.

"Outdoor mass gathering" means either a large gathering or a small gathering.

'Smail gathering' means any assembly of persons whose actual number is, or reasonably can be anticipated to be, less than or equal to 3, 000 but more than 750 persons at any time, for a period that continues or can reasonably be expected to continue for more than six hours but not more than 120 hours within any continuous three-month period, and that is held primarily in open spaces and not in any permanent structure in the unincorporated areas of Marion County. Included in the sixto 120 hours is any time in excess of 48 hours necessary to set up the event or any time in excess of 48 hours necessary to dean up afterward.

"Temporary structure" means tents, trailers. chemical toiiet facilities and other nonpennanent structures customarily erected or sited for temporary use.

B. The following events are not outdoor mass gatherings subject to this chapter:

1. Events of less than or equal to 3. 000 but more than 750 persons conducted at wineries that have valid land use permits issued by Marion County;

2. Events of less than or equal to 3, 000 but more than 750 persons conducted at state parks;

3. Events conducted on property where a valid land use permit has been issued by Marion County that specifically allows the event to be held on the property and imposes conditions on the conduct ofthe event:

4. Events conducted on property where the holding of the event constitutes a preexisting, nonconforming use allowed pursuant to Marion County zoning ordinances. [Ord. 1264 § 2(19), 2008; Ord. 1230 § 3, 2006.]

9. 25.040 Permit required. A. No organizer shall hold, conduct, stage, sponsor, advertise or otherwise promote an outdoor mass gathering or allow an outdoor mass gathering to be held on real property the organizer owns, leases or possesses within the unincorporated areas of Marion County unless the organizer first obtains a permit to hold the outdoor mass gathering.

B. No permit sha!l be issued unless the landowner of the property that is the site ofthe outdoor mass gathering aiso signs the application.

C. One permit shall be required for each outdoor mass gatnering.

D. A permit issued under this section does not entitle the organizerto construct any permanent physical alterations on the real property that is the site of the outdoor mass gathering.

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E. The organizer of a proposed outdoor mass gathering shall file an application with the planning division of the public works department.

F. Forany outdoor mass gathering, the application shall befiled at least45 daysprior to the eventand shall include the following:

1. Name and address of the organizer.

2. Legal description of the location of the proposed outdoor mass gathering. 3. Thedate ordates of the proposedoutdoor mass gathering,including the beginningtime and termination time of the event.

4. Estimated attendance at the outdoor mass gathering. 5. Natureof the proposedoutdoor mass gathering and whether or not sound amplification will beused.

6. A site plan, drawn to scale, and other detailed information showing the type, number and location of all toilets, washing facilities, wafer supply, food preparation, food seivice facilities and solki waste collection sites.

7. A contact person who shall be easily identified and who shall remain atthe outdoor mass gathering site at all times.

8. A fire protection plan demonstrating compliance with MCC 9.25. 090.

S. Informationindicating that the organizerwill complywith all healthand safety rules governingoutdoor massgatherings as adopted by the Oregon Departmentof Human Services and demonstrating compliance with MCC 9.25. 100.

10. A public safety plan in accordance with MCC 9.25. 110.

11. A parking and trafficcontrol plan and, if appropriate, a dust control plan, demonstrating compliance withMCC9. 25. 120.

12. A statementof whether alcohol will be madeavailable and, ifso, bywhom and at whatlocation, along with a copy ofthe Oregon Liquor Control Commission permit.

13. Such other appropriate information as the public works director may require in order to ensure compliance with the provisions of this chapter, as well as rules ofthe Oregon Department of Human Services. Ifsuch additional infomiat'on is notsupplied within two weeks of the publicworks director's request, the application shall be deemed incomplete.

G. Marion County may charge applicants a fee reasonably calculated to reimburse the county for its reasonable and necessary costs in receiving, processing and reviewing applications to hold outdoor mass gatherings.The fee imposedshall notexceed $5, 000.This fee doesnot exempt an applicantfrom the responsibilityto obtainany other permit or payany other fee that mayotherwise be requiredincluding, but not limited to, temporary restaurant license fees, Oregon Liquor Control Commission fees or land use permit application fees.

H. Theapplicant shall paythe appropriateapplication fee as providedin the county'sfee schedule.

I. Incomplete applications shall be denied and the application fee, less county costs, shall be returned to the permit applicant.

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J. The board may waive all or part of the permit fee upon a showing by the organizer of good cause to reduce or waive the fee. [Ord. 1264 §2(19), 2008; Ord. 1230 §4, 2006.]

9.25. 050 Hearing required. No application for an outdoor mass gathering permit shall be approved without review by the board following a public hearing. [Ord. 1230 § 5, 2006.]

9.25.060 Notice of public hearing. A. The public works director shall send notice of the board's public hearing on an application for an outdoor mass gathering to the following officers at least 10 calendar days priorto the hearing: county risk manager, county sheriff, county environmental health officer, andthe chiefof the fire district and ambulance service district (if different) in which the outdoor mass gathering is proposed.

B. The public works director shall develop a policy for notifying neighboring property owners that an appiication for an outdoor mass gathering has been received and that a hearing has been scheduled. [Ord. 1230 §6, 2006.]

9.25.070 General approval criteria. A. The organizer shall demonstrate that it can comply with the provisions of this chapter.

B. An outdoor mass gathering permit shall be approved upon demonstration by the organizer of compliance with or the ability to comply with the provisions of this chapter, as well as all health and safety rules governing all outdoor mass gatherings, adopted by the Oregon Department of Human Services.

C If the applieatlon is for alarge gathering, (he applicant must obtain a conditional use permit for a temporary usein accordance with Marion County Zoning Ordinance Chapters 119 and 126 before the large gathering permit application will be approved. The procedure to obtain a conditional use permit will be independent of the procedure to obtain an outdoor mass gathering permit underthis chapter, exceptthat the board may. at its discretion, elect to consider applications for both permits at one public hearing. If the board does not elect to consider applications for both permits at one hearing, the application for the outdoor mass gathering for a large gathering shall not be processed until the conditional use permit has been obtained.

D. The board, in its discretion, may approve a subsequent small gathering that is within three months of a prior small gathering on the same property. Ifa second small gathering is approved, no third small gathering shall be allowed to occur within six months of the first small gathering.

E. Each public official receiving notice of the application whowishes to comment on the application shall submit such comment in writing to the board no later than the date and time for the hearing. The comment may include recommendations related to the official functions ofthe officer as to granting the permit and any recommended conditions that should be imposed. The board may consider and impose any reasonable condition the board deems necessary including any suggested condition submitted by a public official who received notice of the outdoor mass gathering application or any suggested condition submitted by a member of the public.

F. The board may deny an application or impose reasonable conditions if evidence is provided to the board indicating that an organizer has previously violated any provision of this chapter.

G. The board may impose a permit condition requiring compliance with ail or portions of Chapter 8.45 MCC. Noise, as set forth in MCC 9. 25. 150(0. [Ord. 1230 § 7, 2006.]

9. 25. 080 Insurance.

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A. After consultation with the Marion County risk manager, the board may require an organizer to obtain a commercial general liability policy in an amount commensurate with the risk and in compliance with standards established by the Marion County risk manager.

B. The Marion County risk manager shall establish standards for commercial general liability policies required for outdoor mass gatherings that include: minimum coverage amounts, policy type, minimum financial ratings for carriers, required additional coverage, requirements for naming additional insured parties, policy duration and any other requirement that the Marion County risk manager deems necessary.

C. The organizer shall furnish the public works director with an insurance certificate and a copy of the insurance policy complying with the insurance requirements imposed by the board pursuant to subsection (A) of this section at least seven days before the first day of the outdoor mass gathering.

D. Any permits for an outdoor mass gathering may be voided by the public works director if the organizer fails to comply with subsection (C) of this section.

E. Any insurance premiums that must be paid to meet the requirements of this section are the responsibUity of the organizer. [Ord. 1230 § 8, 2006.]

9. 25. 090 Fire protection plan. A. No permit shall be granted under this chapter unless the organizer has a fire protection plan approved by the fire protection district officer for the type, size, number and location of fire protection devices and equipment available at, in or near any location, including outdoor site, building, tent, stadium or enclosure, wherein or whereupon more than 10 persons may be expected to congregate at any time during the course of an outdoor mass gathering.

B. If the site for which the permit is applied for is located outside a fire prevention district, the organizer must show approval from the office of the State Fire Marshal or a fire prevention district that would respond in the event of an emergency. [Ord. 1230 § 9, 2006.]

9. 2S. 100 State health rule compliance and medical service. The county environmental health division shall have responsibility for approving plans relating to water supply, sewerage facilities, refuse storage and disposal, food and sanitary service, and emergency medical facilities in compliance with this chapter and rules governing outdoor mass gatherings, adopted by the Oregon Department of Human Services. Each outdoor mass gathering shall have no less than one first aid station staffed by two adult individuals trained in first aid techniques. [Ord. 1230 § 10, 2006.]

9. 25. 110 Public safety. A. Prior to or on the date of application submittal, the organizer must submit plans for public safety at the outdoor mass gathering to the sheriff for approval demonstrating the following:

1. Adequate parking control and crowd protection policing must have been contracted for or otherwise provided by the organizer. There shall be provided one parking control person for each 250 persons expected or reasonably expected to be in attendance at any time during the event. Further, there shall be provided one crowd control person for each 100 persons expected or reasonably expected to be in attendance at any time during the event. The sheriff may approve plans that provide for a lesser number of parking control or crowd protection personnel than set forth above if, in the sheriffs discretion, adequate safety and security can be maintained under the circumstances. The organizer shall submit the names of the proposed parking control personnel to the sheriff.

2. The organizer shall submit the names and necessaiy background information, on forms provided by the sheriff, for all crowd control personnel to be used during the outdoor mass gathering for

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investigation by the sheriff as to fitness. Crowd controi personnel must meet the following minimum standards in order to be approved as suitable by the sheriff:

a. Be 21 years of age or older;

b. Be in good physical health:

c. Never have been convicted of a felony and must not have been convicted of a misdemeanor involving moral turpitude in the last five years; and

d. Either have received reasonable minimum training in law enforcement, security or relevant on- the-job experience.

B. All of the policing personnel must wear an appropriate identifying uniform and must be on duty during the entire outdoor mass gathering unless a relief schedule has been planned and approved. A relief schedule will only be approved by the sheriff when sufficient policing strength on duty has been maintained.

C. it shall be the duty of the policing personnel to report any violations of the law to the sheriff, the sheriffs deputies or representatives and to take whatever action as can be reasonably expected of them to enforce tne law. [Ord. 1230 § 11, 2006.1

9.25. 120 Parking and traffic control. Prior to or on the date of application the organizer shall provide the public works director with a parking and traffic control plan acceptable to the public works director. The plan shall include a scale drawing showing the parking facilities within or adjacent to the location for which the permit is requested. Ingress and egress shall be shown on the plan and provide for safe movement of any vehicle at any time to or from the parking area. The public works director may require that flaggers, traffic control devices or dust control measures be used during the outdoor mass gathering to ensure the safe and efficient flow of vehicles. If flaggers, traffic control devices or dust control measures are required, the plan must include details showing their expected use and placement. The use of daggers, traffic control devices or dust control measures must comply with standards established by the Marion County department of pubiic works. [Ord. 1230 § 12, 2006.]

9.25.130 Permit posting. Any permit issued as provided in this chapter shall be kept posted in a conspicuous place upon the premises of the assembly. No permit shal! be transferable or assignable without the consent of the board. No rebate or refund of money paid for a permit shall be made. [Ord. 1230 § 13, 2006.]

9.25. 140 Inspection of premises. A. No application shall be granted under this chapter unless the organizer agrees and consents, in writing as part of the application for the permit, to allow law enforcement, public health and fire control officers to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions of the permit issued pursuant to this chapter, and any other applicable laws or ordinances.

B. If any inspections described above reveal deficiencies in compliance with state or local law, the inspectors may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or cannot be cured, the county sheriff may terminate the outdoor mass gathering or extended outdoor mass gathering as provided in MCC 9.25. 170(0. [Ord. 1230 § 14, 2006.]

9.25.150 Restricted hours of operation. A. When sound amplification is used, no outdoor mass gathering shall be conducted within 1 , 000 feet of any neighboring residence between the hours of 11:00 p. m. and 9:00 a.m.

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B. Ifwritten consent from neighboring property owners and residents is submitted with the application, the board may modify these hours in the permit.

C. The board, in its discretion, may require that an outdoor mass gathering comply with all or portions of Chapter 8.45 MCC, Noise, if the board determines that doing so is necessary to preserve the comfort and repose of neighboring residents. [Ord. 1230 § 15, 2006.]

9. 2S. 160 Organizer responsible for preserving order. It is the intention of this chapter to put the burden of preserving order upon the organizer of the outdoor mass gathering, and if any outdoor mass gathering in the county is not being operated in accordance with the rules and regulations prescribed in this chapter and as set forth in state law, the organizer shall be subject to revocation of the permit, and the organizer or other individual responsible subject to such other sanction as the law and this chapter provide. [Old. 1230 § 16, 2006.]

9.2S. 170 Enforcement A. The organizer shall keep a reasonable count of persons and vehicles entering and leaving the outdoor mass gathering.

B. If, at any time during the outdoor mass gathering held under a valid perm'rt, the number of persons or vehicles attending the outdoor mass gathering exceeds by 10 percent or more the number of persons or vehicles estimated in the permit application, the sheriff, or any sheriffs deputy, has the authority to require the organizer to limit further admissions until a sufficient number of individuals or vehicles have left the site to bring the actual attendance down to the number estimated by the organizer.

C. For any outdoor mass gathering held under a valid permit, the county sheriff has the authority to order the crowd to disperse and leave the outdoor mass gathering site if the organizer cannot maintain order and compliance with all applicable state and local laws or refuses to maintain order and compliance with state and local laws or refuses or is unable to adhere to the terms and conditions of the permit.

D. In addition to state law provisions in ORS Chapter 433. including ORS 433.770(1). Marion County legal counsel may maintain an action in any court of general jurisdiction to prevent, restrain, or enjoin any violation of ORS 433. 745.

E. If the organizer fails to remove all debris or residue from the event site or adjacent property within 72 hours after termination time of the event, or fails to remove all temporary structures within three weeks after the termination time of the event, any county code enforcement officer may issue citations to any organizer ofthe event. The county code enforcement officers may also issue citations to any persons who have left behind debris at the site or on adjacent property.

F. In addition to any other remedies provided, if the outdoor mass gathering site is not restored to its previous condition, or better, the county may arrange for cleanup of the site, and then file an action for damages against the organizer and the landowner or successor landowner.

G. If any organizer violates any provisions of this chapter, the board may immediately revoke any permit for an outdoor mass gathering and may seek any legal remedy available. [Ord. 1230 § 17, 2006.]

9.25. 180 Intoxicating liquor prohibited. A. Except as provided in subsection (B) of this section, no organizer, landowner or any person having charge or control thereof at any time when an outdoor mass gathering is being conducted shall permit any person to bring into such outdoor mass gathering or upon the premises thereof any intoxicating liquor, or permit intoxicating liquor to be consumed on the premises, and no person during such time shall take or carry onto such premises or drink thereon intoxicating liquor.

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B. Subsection (A) of this section sha'l not apply to the sale and consumption of intoxicating liquor from facility located on the premises of an outaoor mass gathering section if the express approva! of the Oregon Liquor Control Commission has been obiained in the form Of a temporary license or letter of authority. [Ord. 1230 §18, 2006.]

9.25. 190 Use or possession of illegal drugs prohibited. No firm, person, society, association or corporation conducting an outdoor mass gathering, nor any person having charge or control thereof at any time when an outdoor mass gathering is being conducted, shall permit any person to bring into the outdoor mass gathering, or upon the premises thereof, any illegal drugs, nor permit illegal drugs to be used on the premises. [Ord. 1230 § 19, 2006.]

9.25. 200 Compliance required. The terms and conditions of this chapter constitute minimum health, sanitation and safety provisions; and failure to comply with the terms and conditions of this chapter or state law shall constitute a public nuisance and shall be subjectto ali civil and equitable remedies as such. [Ord. 1230 § 20, 2006.]

9.25.210 Review of board's action. All decisions of the board concerning the issuance of a permit for an outdoor mass gathering shall be subject to review by the circuit court of the state of Oregon in Marion County only by writ of review under the provisions of ORS 34. 010 through 34. 100. Decisions of the board concerning the issuance of a conditional use permit under Marion County Zoning Ordinance Chapters 119 and 126 are subject to review as land use decisions. [Ord. 1230 § 21, 2006.]

9. 25. 220 Public nuisance and violations. A. Except as provided in subsection (B) of this section, violation of any provision of this chapter or the erection or construction of a permanent physical alteration to the real property that is the site of the outdoor mass gathering shall constitute a Class A violation as provided in ORS Chapter 153.

B. Any violation of MCC 9. 25. 040(A) Is punishable upon conviction by a fine of not more than $10, 000 as provided for in ORS 433. 990 (2005).

C. Enforcement shall be accomplished through Chapter 1.25 MCC. [Ord. 1230 § 22, 2006.)

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