Agenda - 10/27/2008CITY O F W 00 D B U R N KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD ~
RICHARD BJELLAND, COUNCILOR WARD II
NCIL AGENDA
C
C PETER MCCALLUM, COUNCILOR WARD III
OU
ITY .LAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
I~ Q
OCTOBER 27, ZOOS ~ 7.00 P.M. ELIDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - Z7O MONTGOMERY STREET
W1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. General Election, November 4, 2008: Woodburn City Hall is a
designated Marion County ballot drop site during regular
business hours of 7:30 a.m. until 5:30 p.m.; however, the City
Hall lobby area will be open until 8:00 p.m. on Election Day.
Aggointments:
None
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A Domestic Violence Awareness Month
Presentations:
B Domestic Violence in the Community -
Walt Beglau, Marion County District Attorney 8~ Jayne Downing,
Executive Director of Mid-Valley Women's Crisis Service
5. COMMITTEE REPORTS
A. Chamber of Commerce
6. COMMUNICATIONS
None
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
•'Ha~ra interpretes Disponib~es Para aque~~as personas que no ~ja~fan Ingfes, previo acuerc~o. Covl~luniquese
a~ (So31980-2485...
October 27, 2008 Council Agenda Page i
8. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council regular and executive session minutes 2
of October 13, 2008
Recommended Action: Approve the minutes.
B. Woodburn Public Library Board minutes of October 8, 2008 9
Recommended Action: Accept the minutes.
C. Woodburn Planning Commission Meeting minutes of 12
September 11, 2008
Recommended Action: Accept the minutes.
D. Woodburn Recreation and Parks Board minutes of October 23
14, 2008
Recommended Action: Accept the minutes.
E. Community Services Department Statistics 27
Recommended Action: Accept the report.
F. Crime Statistics for September 2008 28
Recommended Action: Accept the report.
G. Code Enforcement Statistics for September 2008 33
Recommended Action: Accept the report.
H. Building Activity for September 2008
Recommended Action: Accept the report.
9. TABLED BUSINESS
A. Council Bill 2735 - A Resolution Approving An Adjusted Rate
Schedule And Fuel Recovery Fee Surcharge For United Disposal
Service, Inc; Setting An Effective Date; And Repealing
Resolutions 1833 And 1843.
Recommended Action: Keep item tabled at this time.
10. PUBLIC HEARINGS
None
34
October 27, 2008 Council Agenda Page ii
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2751 - A Resolution implementing the 35
Water/Sewer Utility Identity Theft Prevention Program
Recommended Action: Adopt the Resolution.
B. Council Bill No. 2752 - A Resolution authorizing the execution 45
and administration of a collective bargaining agreement with
the Woodburn Police Association
Recommended Action: Adopt the Resolution.
C. Establish a Stakeholder's Working Group for the review of the 88
Downtown Plan and authorize Mayor to appoint members
Recommended Action: Establish a Stakeholder's Working
Group (SWG) for the review of the Downtown Redevelopment
Plan and authorize the Mayor to appoint members to this
special ad-hoc committee.
D. Professional Services Agreement for Centennial Park Design 89
Recommended Action: Accept the proposal from Group
Mackenzie and award a contract in the amount of $71,412.00
to develop a detailed design, including construction
documents for the final phase of work at Centennial Park.
E. City Attorney Evaluation 91
Recommended Action: Schedule a date for the annual
evaluation of the City Attorney.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
None
October 27, 2008 Council Agenda Page iii
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
16. ADJOURNMENT
October 27, 2008 Council Agenda Page iv
PROCLAMATION
Domestic Violence Awareness Month
WHEREAS, domestic violence is a serious and widespread social problem in our
community; and
WHEREAS, survivors of domestic violence and their children are faced with
scarce resources and options to help them escape their abusers; and
WHEREAS, more than 1,200 reports of domestic violence were received into the
Marion County District Attorney's Office in the last year; and
WHEREAS, Mid-b'allet' Women's Crisis Service received 10,813 calls to their
hotline last year; and
WHEREAS, more than 516 survivors walked into Mid-Valley Women's Crisis
Service's shelter last year; and
WHEREAS, two out of every three residents of the shelter are children;
NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn,
proclaims October as Domestic Violence Awazeness Month and resolves that as a
community we will unite to advocate for relationships free from violence and strive to
increase society's intolerance towards domestic violence in an effort to bring hope and
healing to survivors.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City~of Woodburkrte~be affixed this 22°d day of October, 2008.
\~
/Kath1 n Figl y, yor
Cit of Woo bur
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 2008.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Absent
Councilor Lonergan Absent
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City
Administrator Stevens, Public Works Director Brown, Interim Community Development
Director Labossiere, Police Captain Tennant, Recorder Tennant
For the record, Mayor Figley stated that Councilor Lonergan had another meeting to
attend involving his daytime job and Councilor Cox is on vacation.
0052 ANNOUNCEMENTS.
A) Welcome Reception for Scott Derickson will be held on Wednesday, October 15,
2008, from 4:00 pm until 7:00 pm in the City Hall Council Chambers. She encouraged
members of the public who would like to meet him to attend the reception and welcome
him to our community. She stated that Mr. Derickson will begin his employment with
the City on Tuesday, October 14`h
0091 PRESENTATION TO INTERIM CITY ADMINISTRATOR RUSSELL.
Mayor Figley thanked Scott Russell for his months of dual service to the City in both the
Interim City Administrator and Police Chief positions. She presented him with a
certificate of appreciation for his dedicated service and a job well-done during his
appointment period of March 2008 to October 2008.
Interim Administrator Russell expressed his appreciation to the Mayor and Council for
their support over the last several months.
0250 CHAMBER OF COMMERCE REPORT.
Deb Yager, Chamber President, stated that the first installment of the Leadership program
began last month in Salem where the participants faced, and successfully completed,
individual and team challenges. The next installment will be on Thursday, October 16`h,
Page 1 -Council Meeting Minutes, October 13, 2008
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
and will cover the topic of "Woodburn Now and Then" whereby information and
speakers will share information and coverage to gain a deeper knowledge of the
Woodburn community, its culture, and its heritage.
On Tuesday, October 14`h, 9:00 am, an economic development committee meeting will be
held and, later that day at 4:00 p.m., a Latino networking group will meet at the
Chemeketa building to discuss their economic concerns.
0380 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, School Superintendent, stated that the student enrollment has increased
by 370 since 2006 with total enrollment now at 5,250 students. The district continues to
gain new students into the district and it continues to present challenges at the various
schools. The School Board decided not to put a bond measure on the November ballot
and even though the need is still there, they will wait until the economy is better before a
measure is submitted to the voters. In regards to annual school ratings, all of the
Woodburn schools were rated satisfactory and two were rated strong (Lincoln
Elementary and French Prairie Middle School). Lastly, he stated that he is working on a
state committee relating to new graduation requirements for students that are currently in
the 9`h grade. These students will face increased demands on classes that they must take
but they will also have to pass an assessment for essential skills. The State Board of
Education determined that, in addition to the credits earned, students have to show
competencies in skills such as reading, writing, speaking, and math problem solving.
There is a list of approximately ten skills but this year's 9`h graders will only deal with
four skills Discussions are now taking place to try and figure out how to make that
system work since it is a fairly complicated system and it will get more complicated for
students entering the system over the next several years.
Councilor Bjelland questioned the annual enrollment increase rather than over a 2 year
peg ~;~d.
Sup~:-intendent Blomberg stated that the increase has been 3-4°Io annually and Woodburn
continues to grow in student enrollment whereas about 60°Io of the school districts in
Oregon have had a decrease in enrollment.
Councilor McCallum complimented Superintendent Blomberg on his explanation of the
State reports that were reported in the Woodburn Independent and felt that the
Superintendent's position was excellent in that the district could do better but the current
rating system needs improvement to bring it more in line with the federal No Child Left
Behind Act and it is confusing in that educational requirements must be merged to try and
meet at least the State's satisfactory school rating.
Superintendent Blomberg stated that he understands that the public wants some picture of
how schools are doing. However, district staff will continue to work towards a higher
than satisfactory rating since they want to work on students succeeding in their education.
Page 2 -Council Meeting Minutes, October 13, 2008
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
0810 Brighton Youd, Aurora, stated that he was working on an Eagle Scout project and he had
previously discussed with the Mayor a project that he felt was meaningful and would
have a greater impact on the community. After seeing a Welcome Woodburn sign that
was in need of repair on Highway 214 near I-5, he decided to work on the construction of
a new sign that would provide an attractive entrance to the Woodburn community. He
spoke with Brice Corporation (Woodburn Crossing) who has agreed to allow him to
construct a sign on property they own on the corner of Evergreen Road and Highway 214.
To date, he has been putting in a lot of time in designing the sign and gathering
donations. He distributed a copy of the design for Council viewing and stated that the
sign would be made out of stone. He also mentioned that he continues to collect
donations for this sign.
Mayor Figley expressed her thanks to Mr. Youd for his persistence in looking into this
type of project and to Brice Corporation for allowing him to construct the sign on their
property.
1060 CONSENT AGENDA.
A) approve the regular and executive session City Council minutes of September 22,
2008; and
B) accept the September 2008 Claims report;
NICHOLS/MCCALLUM ... adopt the Consent Agenda as presented. The motion
passed unanimously.
1090 TABLED BUSINESS: COUNCIL BILL N0.2735 -RESOLUTION APPROVING
AN AD.TUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE
FOR UNITED DISPOSAL SERVICE, INC.. SETTING AN EFFECTIVE DATE
AND REPEALING RESOLUTIONS NO. 1833 AND 1843.
Mayor Figley stated that this item will remain on the table.
1125 COUNCIL BILL N0.2747 -ORDINANCE ANNEXING 0.48 ACRES OF
PROPERTY INTO THE CITY OF WOODBURN LOCATED ON THE EAST
SIDE OF PACIFIC HIGHWAY 99E AND NORTH OF STATE HIGHWAY 211
AT 2400 NORTH PACIFIC HIGHWAY, AND GRANTING A ZONE CHANGE
FROM MARION COUNTY CR (COMMERCIAL RETAILI ZONE TO CITY OF
WOODBURN CG (COMMERCIAL GENERAL) ZONE.
Council Bill No. 2747 was introduced by Councilor Sifuentez. The two readings of the
bill were read by title only since there were no objections by the Council.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2747 duly passed.
Page 3 -Council Meeting Minutes, October 13, 2008
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
1236 COUNCIL BILL N0.2748 - RESOLUTION DENYING A CLAIM FOR
COMMON LAW VESTED RIGHTS FOR THE PROPERTY LOCAT AT 500-510
AND 514 NORTH PACIFIC HIGHWAY.
Council Bill No. 2748 was introduced by Councilor Sifuentez. The bill was read by title
only since there were no objections by the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill No. 2748 duly passed.
1290 COUNCIL BILL N0.2749 -RESOLUTION AUTHORIZING THE CITY
ADMINISTRATOR TO ENTER INTO AN OREGON PARTNERSHIP FOR
DISASTER RESILIENCE MEMORANDUM OF UNDERSTANDING.
Council Bill No. 2749 was introduced by Councilor Sifuentez. Recorder Tennant read
the bill by title only since there were no objections by the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2749
duly passed.
1340 COUNCIL BILL N0.2750 -RESOLUTION ADOPTING AN
INTERGOVERNMENTAL AGREEMENT FOR THE NORTH MARION
COUNTY COMMUNICATIONS CENTER (NORCOM).
Councilor Sifuentez introduced Council Bill No. 2750. Recorder Tennant read the bill by
title only since there were no objections by the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2750 duly
passed.
1395 POSITION CHANGE FROM AFSCME TO CONFIDENTIAL.
Staff recommended the changing of an Administrative Assistant classification to a
confidential position thereby allowing the employee to work in both the Community
Development Department and Human Resources.
BJELLAND /MCCALLUM ... authorize changing an AFSCME represented
Administrative Assistant classification to a confidential classification as specifically
described in the staff report. The motion passed unanimously.
1422 REIMBURSEMENT OF EXCESS TRAFFIC IMPACT FEE COLLECTED PER
CLAIM BY POLEN DEVELOPMENT, LLC FOR HOLLYWOOD VIDEO
STORE.
Following a review of the original assessment versus an alternate methodology preformed
by Group MacKenzie, Public Works Director Brown recommended that Polen
Development LLC be reimbursed $39,458.28 from the Transportation System
Development Charge fund.
NICHOLS/BJELLAND .... authorize reimbursement to Polen Development LLC a sum
Page 4 -Council Meeting Minutes, October 13, 2008
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
of $39,458.28 for over collection of traffic Impact Fees associated with the Hollywood
Video store.
Mayor Figley thanked Public Works Director Brown for his efforts in evaluating the
original assessment and two other alternative methodologies to determine an amount that
should be returned to the developer.
The motion passed unanimously.
1510 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's approval of a Type II Design Review of
SIGN 2008-05, located at 1475 Mt. Hood Avenue, tax lot 051W08B2800.
The Type II Sign Design Review approved by Interim Director Labossiere allows for a
five square foot addition to an existing pole sign on the Wellspring Medical Center
property.
No action was taken by Council to bring this land use action up for review.
1545 CITY ADMINISTRATOR'S REPORT.
A) Interim Administrator Russell stated that he did enjoy his time as Interim
Administrator and thanked staff for all their help during this interim period.
B) He also stated that staff has received some questions regarding the City's financial
status during the current economic situation, however, staff will not know much until
next month's revenue projections are prepared. According to Finance Director Gillespie,
tax collections (those that are being paid ahead of time) are above average and ahead of
the City's projections.
C) Public Works Director Brown stated that several weeks ago he had asked the Council
to limit parking on Fifth Street near Highway 214 to 4 hours and the Council had
requested that he go back and confirm with Nuevo Amanaceer the reasoning for that
request. He stated that he had met with Maria Guerro of Nuevo Amanaceer and
discovered that they are involved in an extensive capital improvement program in their
housing development due to a water intrusion mold problem. Currently, the facility has
about 50% occupancy during this construction project and a lot of the motor vehicle
congestion is being created due to construction vehicles, contractor materials storage, and
other related issues. She has specifically requested that the City not move forward on the
parking limitation until July 2009 when they have completed their capital improvement
project.
1725 MAYOR AND COUNCIL REPORT
Councilor McCallum extended his appreciation to Scott Russell for a job well-done as
Interim Administrator.
Councilor Bjelland concurred with Councilor McCallum's comments and mentioned the
difficultly in managing both the Police department and overall City operations. He also
informed the Council that the MWACT meeting for October was cancelled due to a lack
Page 5 -Council Meeting Minutes, October 13, 2008
COUNCIL MEETING MINUTES
OCTOBER 13, 2008
TAPE
READING
of business.
Councilor Sifuentez stated that the economic situation has been troublesome for many
community members but assured them that there will be a recovery. She also thanked
Interim Administrator Russell for his work over the last several months.
Mayor Figley stated that she had been involved in the opening of the North Marion
Senior Center and in the kickoff for the "Big Read" sponsored by the Library. She stated
that she will be reading the book and participating in the discussions with other
community members.
1888 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660(2)(d), ORS 192.660(2)(f), and ORS 192.660(2)(h).
NICHOLS /MCCALLUM .... adjourn into executive session under the statutory
authority cited by the Mayor.
The motion passed unanimously.
The Council adjourned to executive session at 7:32 pm and reconvened at 8:00 pm.
1900 Mayor Figley stated that no action was taken by the Council during executive session.
BJELLAND/NICHOLS.... authorize the City Administrator to execute a release of bond
discharge agreement with Zurich North American and RB&G Construction LLC in final
settlement of all claims related to the construction of the Woodburn Police Facility. The
agreement must be in a form approved by the City Attorney and is contingent upon the
Police Chief being provided an acceptable warranty on the metal roofing.
The motion passed unanimously.
1966 AD.TOURNMENT.
NICHOLSBJELLAND ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:03 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 6 -Council Meeting Minutes, October 13, 2008
Executive Session
COUNCIL MEETING MINUTES
October 13, 2008
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, OCTOBER 13, 2008.
CONVENED. The Council met in executive session at 7:35 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Present
Councilor Lonergan Absent
Councilor McCallum Absent
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: Interim City Administrator Russell, City Attorney Shields, City Recorder Tennant,
Assistant City Administrator Stevens (7:47 pm - 7:58 pm)
Mayor Figley reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
The executive session was called pursuant the following statutory authority:
(1) ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public
body with regard to current litigation or litigation likely to be filed;
(2) ORS 192.660(2)(f) to consider records that are exempt by law from public inspection; and
(3) ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to
carry on labor negotiations.
ADJOURNMENT.
The executive session adjourned at 7:58 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 -Executive Session, Council Meeting Minutes, October 13, 2008
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE October 8, 2008
Rou CALI: Mary Chadwick -Present
Neal Hawes -Present
Phyllis McKean -Present
STAFF PRESENT:
Anna Stavinoha, Library Manager
Vicki Musser, Recording Secretary
Guests: None.
Willis Grafe -Present
Nancy Kirksey -Present
JD Mitchoff -Present
CALL TO ORDER: President Nancy Kirksey called the meeting to order at 6:30
pm.
SECRETARY'S REPORT: The minutes of July 9, 2008 were approved.
CORRESPONDENCE: None.
PUBLIC COMMENT: None.
MANAGER'S REPORT: The Big Read kickoff at the library was moved from the
Plaza to the main part of the library, due to inclement
weather. The mayor was there, and read the Big Read
proclamation. There was a picture of her on the front page
of the Woodburn Independent, as well as an article and
picture of an owl from the Oregon Raptor Center, who
starred in the children's library program on Saturday. La
Pantera was at the kick-off, broadcasting live, and the
program was taped for viewing on WCAT. Roberto de
Anda gave a talk on religious diversity in the Hispanic
community.
Lazaro Ybarra is painting a large mural to celebrate the Big
Read, using scenes from the book, Bless Me, Ultima. These
will be hung permanently behind the reference desk.
There are many programs and events associated with the
Big Read, and Anna passed out a sheet detailing these.
10/21 /2008 PAGE 1
The open 12 hour reference position has been filled by
Philip Rance. He graduated with his master's degree from
Florida State University. Philip is doing well here, and the
library is happy to have him.
Statistics: The circulation is up marginally for July and
August. The number of reference questions in September
was up as well.
Activities: Library programs were busy over the summer.
There were 21 children's programs held in July, with an
attendance of 1412. Five Music in the Part concert
programs had a cumulative attendance of 1,980. As we
go into the Big Read, the library is trying to involve as many
members of the community as possible. Rudolfo Anaya
wrote children's books as well, and the library is planning
kid's programs and activities around those.
Tonight there is a poetry program at 7 pm, featuring Miguel
Loredo Reyes.
Volunteer of the Month: This month Juan Ortega is our teen
volunteer of the month. Juan was the most regular and
faithful of the teens who volunteered for the Summer
Reading program, and the library is glad to honor him as
the October Volunteer of the Month.
Miguel Salinas, local historian, will present a history of
Spanish speaking people in Woodburn on Sunday, October
12th.
Friends of the Library: Volunteers with the Friends helped to
pack and ship off 120 boxes of books to Once Read Tales,
where they'll be posted online. Eventually the Friends will
receive checks for any books sold.
There is a Book Sale scheduled for November 14 and 15.
There was a question of whether there would be enough
inventory for a successful book sale, but it was ascertained
that there are sufficient books.
The Friends have donated $1500 towards the Big Read. In
addition, the library has applied for a grant from Wal-Mart,
and has been awarded a $500 grant from PGE.
10/21 /2008 PAGE 2
OLD BUSINESS: Carpet Installation: New carpeting is scheduled to be
installed throughout the first floor of the library over a two
week period during the Christmas holidays. Since it would
cost around $26,000 to have the carpet company move all
the furniture, bookcases and books, the library is putting
together a schedule of City volunteers to help from Dec. 21-
Jan 4th. This workforce would help move books, computers
and other materials, so that the carpet could be installed.
It is anticipated that about 20 people a day will be
needed. Some employees from the library and Public
Works will be helping out, as well as people from other
sources, and a schedule will be drawn up of who works
when.
NEw BUSINESS: The Library Board student position is vacant at present.
Feelers are being sent out to find someone who would be
interested. There is a student on the Parks and Recreation
Board, as well as 22 members of the Youth Advisory Board,
all of whom can spread the word of the vacancy.
The library will be participating in a grant with Oregon
Reads, to receive complimentary copies of Stubborn Twig
by Oregon author Lauren Kessler. Events surrounding this
grant will take place sometime between January and
March. The library is excited about sharing the book with
the community.
Nancy Kirksey noted that the atrium, now decorated for
autumn, is receiving compliments from pre-teens as well as
older folk.
BUSINESS TO/FROM THE Thanks were extended to the Mayor on behalf of the
CITY COUNCIL AND/OR library, for reading the Big Read proclamation aloud at the
MAYOR: Big Read kick-off last Friday.
ADJOURNMENT: The meeting was adjourned at 6:50 pm.
Respectfully submitted,
Vicki Musser
10/21 /2008 PAGE 3
WOODBURN PLANNING COMMISSION MEETING MINUTES
September 11, 2008
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairperson Lima presiding.
Chairperson Lima questioned members of the Planning Commission having potential conflicts
such as family, financial, or business relationship with any of the applicants or with regard to the
project in question. If such a potential conflict exists, he asked whether the commissioner in
question believes he or she is without actual bias or whether he or she would like to step down
from the Planning Commission during the case. There were none. There were no objections
from those present.
Chairperson Lima announced: agenda is available at the back of the room. We will consider
cases one at a time according to the order listed in the agenda. We will follow the hearing
procedure outlined on the public hearing procedure board. All persons wishing to speak are
requested to come to the podium and give their name and address. Any individuals speaking
from other than the podium will not be recognized.
Commissioner Jennings led the salute to the flag.
ROLL CALL
Chairperson Lima P
Vice Chairperson Bandelow P
Commissioner GrosJacques A
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Hutchison P
Commissioner Jennings P
Staff Present: Natalie Labossiere -Interim Community Development Director
Carrie Brennecke -Associate Planner
Alexandra Sprauer -Interim Administrative Assistant
Jon Stuart -Assistant City Attorney
MINUTES
A. Woodburn Planning Commission Meeting Minutes of July 24, 2008.
Commissioner Jennings moved to accept the minutes. Commissioner Hutchison
seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
A. Woodburn City Council Meeting Minutes of June 12, 2008
B. Woodburn City Council Meeting Minutes of June 23, 2008
C. Special Woodburn City Council Meeting Minutes of July 7, 2008
D. Woodburn City Council Meeting Minutes of July 14, 2008
Planning Commission Meeting September 71, 2008 Page 7 of 71
E. Special Woodburn City Council Meeting Minutes of July 16, 2008
F. Special Woodburn City Council Meeting Minutes of July 17, 2008
No comments were made.
PUBLIC HEARING
A. S-Curve & Highway 214 -Joe Consani, Applicant -Design Review 2008-03
The applicant requests a design review fora 7,992 square foot medical and
professional building.
Interim Community Development Director Labossiere announced the new direction the Planning
Division was moving with regards to conditions of approval. The division hopes to eliminate
many unnecessary and/or repetitive conditions, and communicate with applicants prior to
submittal.
Commissioner Jennings stated that he was contacted by a member of the elected body who
was concerned about the Woodburn Crossings project, and the many conditions of approval.
Repetitive conditions should be eliminated.
Commissioner Hutchison commented on the difficult boiler plate conditions compared to the
specific project.
Staff Report
Associate Planner Brennecke read the applicable ORS then commenced her presentation.
The S-Curve property is a 45,165 square foot area zoned Commercial Office (CO) and
designated Commercial on the Comprehensive Land Use Plan Map. The current proposal is for
a one story 7,992 square foot, L-shaped medical-professional building with 32 parking spaces
and one loading space. ODOT approved the application for the state highway approach with
mitigation on April 28, 2008.
Adjacent properties to the North and East are zoned Retirement Community Single Family
Residential (RIS) with single family homes. Across the Highway to the West is an office building
with dental offices, and to the South is a retirement community.
The aerial photo depicts the site with adjacent land uses. Another photo depicts an accurate
perspective of adjacent single family homes. There are few existing trees on site, which will be
removed for the development. New trees greater than a 2:1 ratio are proposed.
The site plan depicts prominent features of the project: asix-foot buffer wall along the North and
East property lines; two on-site stormwater detention basins; aten-foot wide natural gas
easement along the East property line; afive-foot right-of-way dedication along the front; and a
right-in, right-out driveway.
The building elevation drawings show the south, west, north, and east.
Architectural Design Guidelines for the WDO include the "should" versus "shall." The submitted
plan's information does not clearly demonstrate if the guidelines are achieved. The development
may conform, but it can not be confirmed with the information that has been provided, therefore,
Planning Commission Meeting September 11, 2008 Page 2 of 11
certain guidelines have been placed in the conditions.
One condition involves the thirty percent glass requirement. The second involves the earth tone
color. The third requires that the landscaping be augmented on the site in specific areas to
address the abutting residential uses. The forth requires that the vehicle access points should
be landscaped and augmented with monument entrance signs. The fifth involves the lack of an
outdoor lighting plan.
The applicant submitted a landscape plan for the project that was deemed complete. There are
some landscape standards that are not met that were placed on the conditions. The front yard is
entirely the complete site, except for the building footprint and the area behind the building. The
site requires a total of 1,688 plant units to achieve a density of one plant unit per twenty square
feet. The submitted plans show approximately 778 plant units, 910 plant units less than
required.
Offsite parking and circulation are located on the front yard. The submitted site plans does not
show the minimum 607 plant units. The applicant indicated street trees on the site plan, not in
the public right-of-way. The property has approximately 500 feet of frontage that require 20
small trees, 15 medium trees, or ten large trees, and are part of the Conditions of Approval.
Staff recommends approval of case DR 2008-03 subject to the conditions of approval attached
to the staff report. Associate Planner Brennecke concluded the staff report and was available for
questions.
Chairperson Lima asked if there were any questions to staff.
Commissioner Jennings requested to return to the first set of conditions from the Project
Summary, and inquired of the meaning "approach with mitigation".
Associate Planner Brennecke stated that the applicant submitted correspondence from ODOT
which explained the approval, decision and required mitigation.
Chairperson Lima stated that the applicant had previously submitted an application and was
withdrawn because the property was to be purchased by ODOT.
Commissioner Hutchison questioned whether the landscaping plan included the parking lot
square footage. When everything is considered frontage, it creates a density problem in the
planter boxes.
Chairpers ~n Lima asked if there were any further questions of the staff.
None.
Chairperson Lima invited the applicant for testimony.
Bruce Kenny, 9318 N. Mohawk Ave., Portland, OR 97203. Kenny is the architect on the project.
He stated that an issue was the right-in, right-out, and the requirement to install several raised
curbs/medians in the roadway to keep traffic from building up in the turn lanes. The Public
Works Department did not have any service plans for the property. Kenny believes that a
vacated portion of Princeton Road has a utility easement in which they can gain access to water
and sewer from Rainier Road. The Northwest Natural gas easement is on the east and north
sides of the property. It is compatible with the building because the required setback is in the
Planning Commission Meeting September 11, 2008 Page 3 of 11
same location as the easement. The broad frontage landscape requirements could be mitigated.
They would be happy to provide the required landscaping. There is an extensive amount of
buffer wall created and will conform. They feel it is a good mix for the neighborhood in terms of
its approved uses. Medical/Dental offices don't have high volume traffic.
Commissioner Jennings asked if there is an entry off Rainier Road.
Kenny replied no.
Vice Chairperson Bandelow asked about the curb design use, attempt to gain access from the
opposite direction, and to creating an island.
Kenny stated that the curbs would create an island that would prevent access from the opposite
direction.
Chairperson Lima asked about a left turn for the eastbound traffic.
Kenny answered that there would not be a left turn.
Commissioner Hutchison suggested that one possibility to mitigate the landscaping would be to
use signage as hardscape to reduce some of the plantage requirements.
Interim Community Development Director Labossiere stated that City Council, approved on
Monday, September 8, 2008, to allow sign hardscape to reduce plantage requirements. It is now
in effect part of the WDO.
Assistant City Attorney Stuart stated law applies, when the applicant submitted the application.
The applicant can have some assurity that they are not going to have the rules changed
immediately.
Vice Chairperson Bandelow indicated that some of the landscaping requirements are "shoulds"
and a planting of large plant units could result in more space.
Kenn stated that he had not looked at the specifics on density. There are two detention areas
that require intense landscaping. The plant units could be achieved by planting those areas.
Chairperson Lima asked Kenny to address the question regarding ODOT purchasing the
property.
Kenny stated that discussions with ODOT were, purchase of property, purchase approval, and
use of the property. If purchased, it would remain vacant and require maintenance
Commissioner Jennings asked if ODOT was required to purchase property.
Kenny answered no. The required frontage of 15 feet is to accommodate future improvements
that have been discussed.
Chairperson Lima asked that if the application is approved, when is the expected date to
commence construction.
Kenny stated that their documents are near ready. With approval, they must submit the
drawings to ODOT for the work in the highway, revise the drawings, and submit for building
Planning Commission Meeting September 11, 2008 Page 4 of 11
permits.
Chairperson Lima asked if this is going to be a medical/dental clinic or offices.
Kenny replied that the facility would be medical/dental offices, and are the targeted type of
tenants.
Chairperson Lima asked if there were any further questions for the applicant.
Kenny stated that Item 15 under the general conditions says the applicant shall pave the buffer
yards between the proposed structure and the buffer wall in accordance with the stated WDO.
What I think that is referring to is that we can pave that area where there are parking areas and
those areas we would not need to landscape. But the rest of the buffer is landscaped.
Associate Planner Brennecke stated that this is referring to the buffer yards behind the building.
The choice is to landscape it or pave it. The ordinance states that it needs to be landscaped or
paved.
Chairperson Lima invited additional testimony on behalf of the applicant.
Joe Consani, 16119 SE First St, Vancouver, WA 98684, applicant. He commented on requests
from neighbors with regards to trees behind the building. He suggested tall, slender red maple
trees as a solution.
Vice Chairperson Bandelow inquired about the thirty-percent glass requirement and the glaze
percentage.
Associate Planner Brennecke replied that it was unclear on the site plan, and the WDO states
that it "should" be thirty-percent.
Chairperson Lima asked if there were any further questions of the applicant.
Chairperson Lima asked if there were any proponents for this application.
Phil Hand, 313 McLaughlin Drive, Woodburn, OR 97071. Hand is a property owner across the
highway. He was concerned about the divider, the size, and the similarity to other dividers near
the freeway.
K nny commented about an ODOT study, which included the length and the beginning point.
Associate Planner Brennecke read the dimensions from ODOT's Mitigation Report, which
included that the applicant shall construct at their expense a raised traffic separator that will
extend a minimum of 50 feet east and 200 feet west of the approach road location. The traffic
separator will be located along the southernly edge of the existing center turn lane on Highway
214.
Hand commented on the vacated property and senor citizen accessibility.
Chairperson Lima asked if there were any additional proponents.
Loraine Cox, 1700 Rainier Road, Woodburn, OR 97071. Cox lives in one of the homes located
off of the vacated road. She owns half of the road. It was granted in 1984 to that property, and
Planning Commission Meeting September 11, 2008 Page 5 of 11
the neighboring property. (Indicated property on map). Cox stated that she is not against the
building being built on the property, as it would no longer be a fire hazard. However, she does
not want commercial traffic through her (vacated) road. One of the reasons she purchased the
property was because of the quarter acre lot. Both she and her neighbor own the largest
properties in senior estates. She has owned the property for four years. The road was deeded
to the property in 1984 to the prior owners. When she talked with the city water department they
could not find the documents that showed the city water and sewer easements. There is
currently nothing there. They believe there is an assessment but it is not attached to the city or
county documents. Another concern was that the vacated road has been patched, and is no
longer maintained by the city. She put up fencing to prevent golf cart, commercial, homeless
and foot traffic. Currently her property does not have any easements on it, and is still buildable.
She considered the lack of easements part of her long time investments. She believes that there
is a Northwest Natural easement on the S-Curve property, although it is not marked on the
applicant's documents. She would prefer aseven-foot buffer wall. She called ODOT and left a
message with Alan Fox in regards to a twelve-foot sound wall that she believed was required in
ODOT's Highway 214 Interchange Project Program, in both the north and south design.
There was discussion with regards to ODOT's required sound mitigation buffer wall.
Commissioner Jennings asked if Cox was sighting law or a proposal.
Cox stated that she was sighting the Noise Mitigation section of ODOT's Highway 214
Interchange Project Program, and the Environmental Impact Study for Highway 214. Cox asked
if the wall was only a recommendation in the study.
Vice Chairperson Bandelow stated yes. It was only a recommendation in the study. It would be
areal surprise if there was ever atwelve-foot wall along there.
Cox stated that ODOT proposed the twelve-foot wall because of the continuous backed up
traffic. The Environmental Impact Study takes in factors such as sound and air quality.
Commissioner Jennings asked if the study recommended changes for the rest of Highway 214.
Cox stated that the twelve-foot sound wall would extend from Country Club Road to Broughton
Way. The information was received from an ODOT plan published two years ago.
Vice Chairperson Bandelow stated that there is a big difference between recommendations and
approved plans.
Interim Community Development Director Labossiere read the statement from the ODOT 214
Plan. It stated: "The third area of noise mitigation consideration is located north of Oregon 214
from Oregon Way to Astor Way. This area has a total of thirty-four residents that would
experience traffic noise impacts under alternative one, widen equal, and twenty-nine noise
impacted residents under alternative two. A noise barrier 2460 feet long, twelve-feet high,
located approximately three feet inside the right of way line could reduce the traffic noise
levels..."
Vice Chairperson Bandelow inquired if the statement was from ODOT's Impact Study.
Interim Community Development Director Labossiere stated the statement was taken from
ODOT's Impact Study.
Planning Commission Meeting September 11, 2008 Page 6 of 11
Commissioner Gri9orieff stated that the wall is not something the Plannning Commission can
decide. The issue is between the homeowners and ODOT. At the time ODOT did the study, the
property was for sale and either ODOT or the city would have bought the property. Now it is
owned by a private party and you cannot put a wall on someone else's property.
Cox stated the portion of property the wall was to be built on is ODOT's right-of-way.
Commissioner Vancil stated that the entire property is not the state's right of way. The state
does not own that piece of property.
Cox stated that she has a document that showed ODOT's right-of-way where the proposed wall
is to be built. She stated that she understands that the Planning Commission only has authority
to decide whether the applicant is required to build asix-foot or seven-foot buffer wall.
Chairperson Lima stated Cox's concerns for the applicant to address: 1. drainage; 2. a six
versus seven foot buffer wall; 3. golf cart traffic on her private road; 4. right-of-way and
easements.
Chairperson Lima invited other opponents of the application.
Mick DeSantis, 173 McLaughlin Drive, Woodburn, OR 97071. He expressed concern about
ODOT's involvement with property owners over findings. He commented on Highway 214
widening project.
Chairperson Lima invited additional opponents.
None.
Chairperson Lima invited the applicant for a rebuttal.
Kenny addressed Cox's concerns. He stated that there will be detention ponds that will provide
sufficient rainwater storage. There is a small pipe that comes out but does not impact the
roadway. The barrier wall requirement is to provide asix-foot wall. A higher wall can be built but
that is only if the adjacent property owners would like to participate in the construction.
Associate Planner Brennecke stated that the code requirement is for a six to seven foot wall. A
higher wall would need a variance. As the WDO states, as per code, seven feet is the
maximum.
Kenny stated that given the length of the wall they would prefer a six foot wall. The wall would
also prevent access to the vacated roadway. The right-of-way documentation by the Woodburn
Public Works Department showed the easement to be three feet onto the neighbor's property
and fifteen-feet towards the right-of-way of Princeton Road.
Chairperson Lima closed the hearing and was open for discussion.
Commissioner Jennings stated that he was concerned about several conditions, and would
make a motion to remove conditions 17, 18, 19, 20, and 21. They were all addressed elsewhere
and were not needed. On condition 15, the word "shall" needs to be changed to "should".
Several landscaping conditions, condition 24 and 25, also need to be addressed. We are
requiring too many plant units, and need to look into what we are requiring.
Planning Commission Meeting September 11, 2008 Page 7 of 11
Kenny stated that there will be detention ponds that will provide sufficient rainwater storage. The
barrier wall requirement is to provide asix-foot wall.
Associate Planner Brennecke stated that the code requirement is for a six to seven foot wall. A
wall taller than seven feet would require a variance.
Kenny stated that the right-of-way documentation from the Woodburn Public Works Department
showed the easement to be three feet onto the neighbor's property and fifteen-feet towards the
right-of-way of Princeton Road.
Chairperson Lima closed the hearing and opened for discussion amongst the Planning
Commission members.
Commissioner Jennings stated that he was concerned about several conditions.
Commissioner Hutchison stated that he wanted clarification on the signs that were submitted
and compliance with the WDO.
Commissioner Jennings inquired of the purpose for the "conditions of approval". Items required
by the WDO should not be a part of the conditions of approval.
Chairperson Lima asked staff about condition #21.
Associate Planner Brennecke stated that conditions 18 through 32 were standard Public Works
Department requirements.
Interim Community Development Director Labossiere stated that the signage condition was due
to the item not discussed with the applicant. Currently, Planning staff uses the conditions of
approval as a checklist for building permits. Eliminating conditions of approval would require
staff to use the staff report as the boiler plate.
Commissioner Vancil stated that he believes it is a perfect project, and is glad to see that
highway issues are being considered. He agrees with Consani that the highway should be
widened to the north, and believes that this hearing will help with the process and the affirmation
of the elected body. As these types of projects are filled in, ODOT does not have the funds to
buy this office building and knock it down, and that is why ODOT has afifteen-foot easement
and why this project is being planned accordingly.
Vice Chairperson Bandelow agreed that this is a good project. The six foot wall is adequate
because there is no way to buffer from the highway. That is not the responsibility of the property
owner. The six-foot wall is intended to buffer their project from the residential area. A wall is
required whenever commercial is abutted against residential. The wall is to protect the
residential from the commercial, not to buffer the noise from the highway.
Commissioner Grigorieff stated that she is glad that something is going in the property, and that
it will no longer be vacant.
Commissioner Hutchison stated that conditions 18 through 20 should be removed, and having
options in place of landscaping requirements.
Vice Chairperson Bandelow asked staff if the final landscaping plan had been submitted.
Planning Commission Meeting September 11, 2008 Page 8 of 11
Associate Planner Brennecke stated that the applicant had submitted a landscape plan. The
submittal of a final landscape plan that meets standards is listed as one of the conditions of
approval.
Chairperson Lima stated that for condition #15, the word "shall" needs to be changed to
"should".
Assistant City Attorney Stuart stated when there is a condition that uses "should" is an issue. It
does not give direction to the staff, and is a permissive word. His recommendation on condition
15 would be to keep the "shall" but change it to, "the applicant 'shall' pave or landscape". The
recommended condition allows the applicant to make a choice. The word "should" is used in the
WDO to allow the Commissioners to make the decision of whether to make it a "shall" or not.
Condition #22 states that at least thirty percent of the wall surface abutting Newberg Highway
"should" be made of glass. The recommendation for conditions 23, 24 and 25 that the
Commissioners make the determination of the percentage and make that a "shall". Because
"should" is a permissive word, it is discretionary by the Planning Commission on the thirty-
percent requirement. Placing "should" is inappropriate in the Conditions of Approval.
Commissioner Vancil stated conditions are required when issues are discretionary, and use the
word "should".
Assistant City Attorney Stuart stated that discretion comes from the word "should" in the WDO.
Because conditions 22 through 26 are recommended from staff as possible conditions, the
Planning Commission can add them using their discretion. The Planning Commission can take
all of them out.
Chairperson Lima inquired about conditions 17 through 21.
Vice Chairperson Bandelow made a motion to approve DR 2008-03 with the following changes:
Condition 15: Change it to read "The applicant shall pave or landscape the buffer yards."
Condition 22: Referring to the thirty percent wall surface: Change "The amount of glazing
is approved as per the blueprints submitted. They may or may not be thirty
percent; they may be greater at this point."
Condition 23: should changed to shall
Condition 24: should changed to shall
Condition 25: should changed to shall
Commissioner Jennings moved to amend the motion to include the removal of conditions 18
through 21. Commissioner Vancil seconded the motion, which passed unanimously with one
"no" vote.
ROLL CALL
Chairperson Lima yes
Vice Chairperson Bandelow yes
Commissioner GrosJacques ---
Commissioner Vancil yes
Commissioner Grigorieff yes
Commissioner Hutchison yes
Commissioner Jennings no
ITEMS FOR ACTION
Planning Commission Meeting September 11, 2008 Page 9 of 11
Commissioner Vancil made a motion to approve the Final Order for Design Review 2008-03.
Assistant City Attorney Stuart stated that a motion to approve a final order can be made, if it is
prepared with the modifications. A final order would need to be in writing.
Associate Planner Brennecke stated that she would be able to provide a written final order for
approval.
Commissioner Jennings requested to read the final order prior to approval.
Chairperson Lima called for a five minute recess.
Vice Chairperson Bandelow states that she would like to eliminate the thirty percent.
Interim Community Development Director Labossiere suggested verbiage with regards to the
glass wall: "the wall surfacing abutting Newberg Highway shall be in glass as shown on exhibit
D."
Assistant City Attorney Stuart stated that he agreed with the verbiage. He suggested an informal
training by the Legal Department at a Planning Commission Meeting regarding discretionary
conditions.
Chairperson Lima suggested training on a night when there are no hearings.
Interim Community Development Director Labossiere stated that Exhibit A was the Staff
Report's Findings and Conclusions.
Commissioner Vancil stated that final orders should be signed at the following public meeting.
Commissioner Jennings made a motion to approve Final Order DR 2008-03. Commissioner
Vancil seconded the motion, which carried unanimously.
DISCUSSION ITEMS
Commissioner Vancil stated that he was in support of staffs new, more user-friendly and clear
process for applicants, and the reduction of the number of conditions. Workshops and
discussions should be addressed at training sessions.
Commissioner Jennings commented that the Planning Commissioners and the City Council
Members should attend the same workshops.
Chairperson Lima acknowledged Item B, to cancel the Planning Commission meeting for
September 25, 2008 due to the lack of hearing items.
Commissioner Jennings made a motion to cancel the Planning Commission Meeting for
September 25, 2008. Vice Chairperson Bandelow seconded the motion, which carried
unanimously.
Commissioner Hutchison commented on the lighting at OCDC and the historic overlay of the
community.
Planning Commission Meeting September 11, 2008 Page 10 of 11
Vice Chairperson Bandelow suggested that the lighting may have been based on OCDC being
a school.
Associate Planner Brennecke stated that there is only one standard of lighting.
Commissioner Vancil stated that safety concerns need to be taken into consideration when
considering phasing plans.
REPORTS
Commissioner Jennings inquired about a temporary sign permit at the Woodburn Company
Stores.
Interim Community Development Director Labossiere explained that signs are installed prior to
an application being submitted.
BUSINESS FROM THE COMMISSION
Chairperson Lima stated concern about employee turnover in the Planning Division, and the
stress that it causes to the Planning Commission, the public, and staff.
There was discussion amongst the Planning Commission members about the fit of Community
Development Directors and Planning Division staff.
ADJOURNMENT
Vice Chairperson Bandelow moved to adjourn the meeting, Commissioner Jennings
seconded the ion, which u nimously carried. Meeting adjourned at 9:20 pm.
APPROVED __ 'C~" Z'L ~' ~ Lr~~r / ~
'~~' ~5~~
O LIMAr, CHAIRPERSON Date
ATTEST
Interim Community Development Director
City of Woodburn, Oregon
Planning Commission Meeting September 11, 2008 Page 11 of 11
Minutes
Woodburn Recreation and Parks Board
Tuesday, October 14, 2008
7:00 p.m.
Call to Order
The meeting and was called to order at 7:00 p.m.
2. Roll Call
Board Chair Bruce Thomas Absent
Board Secretary Rosetta Wangerin Present
Member Joseph Nicoletti Present
Member Judy Wesemann Present
Member Eric Morris Present
Member Charlene Williams Absent
Member Alexa Morris Present
Staff present: Jim Row, Community Services Director; Stu Spence, Recreation
Services Manager; Paulette Lastoupil, A.A.
Approval of Minutes from September 9, 2008.
Joseph Nicoletti/Judy Wesemann- Motion to accept the minutes as written. The
motion passed unanimously.
4. Business from the Audience
None.
5. Parks and Recreation Master Plan
Jim reported on the progress of the Master Plan with Group MacKenzie making the
final edits. When the final draft is complete, it will be reviewed by the Planning
Commission for approval and then on to the City Council for adoption. By contract,
Group MacKenzie is to give one more presentation and Jim explained it will either be
requested at the Planning Commission or City Council. Jim gave the Board an
updated recommendations map which was revised to add two more future parks sites
(increased from one) related to anticipated growth.
Judy Wesemann/Joseph Nicoletti Motion to forward a recommendation to the
City Council advising them to adopt the updated Parks and Recreation Master Plan.
The motion passed unanimously.
Mill Creek Greenway Trail Project
Jim explained that the public meeting held in June outlined the project overview and
the draft trail alignment. Two significant issues that are being work out:
1) How to connect the trail from the sidewalk on Cleveland St all the way into
Hermanson Park I. Public Works has plans to replace the undersized culvert under
Marshall St. They are considering the feasibility of designing the new culvert to
enable the trail connection to work, such as an extended culvert covered with a
natural surface, an elevated platform, or a bridge that would connect with the trail in
the Park.
2) Working on an agreement with a property owner on the east side of Hermanson
Pond where the trail imposes on their property line.
Page 1
Minutes
Woodburn Recreation and Parks Board
Tuesday, October 14, 2008
7:00 p.m.
The objective is to apply for wetland permits by December lst in order to get the
project out to bid by late winter and start construction early spring.
Aquatic Center HVAC Project
Jim reported that the City has contracted with Enertia Energy for the HVAC
Replacement Project, which is currently in the design stage. Enertia Energy has
brought several options and alternatives to make the system more efficient which will
cost a little more up front, but saves money and energy in the long run. This plan will
also increase the dollar amount of energy efficiency incentives, which help offset the
project's costs. It will take approximately 20 weeks from the date the equipment is
ordered until it is delivered on-site. Jim reported that the project is within budget and
should be completed by the end of February or early March.
6. Playground Replacement Ranking
Jim discussed the Board's findings from the August playground field trip. In addition
to providing recommendations regarding an updated playground replacement priority
list, Board members provided comments regarding maintenance that is currently
needed. Jim reported that many of the Board's concerns have already been addressed
by the maintenance staff. Without Bruce and Charlene's rankings, Wyffels and
Legion emerged as the top two priorities. The list will be updated when all of the
member's rankings are included.
Wyffels Park Report
Rosetta shared pictures of the neighborhood Wyffels Park clean-up project that took
place on September 27. This is a project she felt strongly about, and as such, took the
initiative to develop a brochure that she distributed door to door. She and other
neighbors worked closely with Parks Maintenance to organize the event. She was
proud to report that on September 27th neighbors and a Parks Maintenance employee
came together and worked hard on the project all morning. She then said that they
planned to do the same kind of project again in the spring. Rosetta asked to research
if the grove of trees also belongs to the city, so they can expand the clean up area.
Jim shared that a few months ago, a woman named Betty Wyffels (maiden name)
notified us that the City has been misspelling "Wyffle Park". She indicated that her
father, Charles Wyffels, originally owned the current park property, and donated it to
the City in the 1960's as he developed "Wyffels Addition". Our research into the
original plat, planning commission minutes, correspondence between the Recreation
and Park Board and the City, and the deed which conveyed the property to the City
confirmed Mrs. Wyffel's assertions. The current park sign was replaced with one
presenting the correct spelling before the clean up event.
7. Business from the Department
Recreation -Stu Spence
Adult Sports has 10 basketball teams are playing in our fall Men's League. This the
first season, the next will follow in January. Youth Soccer has 200 K-6t~' graders and
Pee Wee Soccer has 40 3-4 year olds. Senior Trips continue to be very successful,
Page 2
Minutes
Woodburn Recreation and Parks Board
Tuesday, October 14, 2008
7:00 p.m.
with 26 active adults traveling to Hood River to have lunch on the river and explore
Rasmussen Farms. Stu is now contracting with First Student School Bus Company
because federal law prohibits the use of city transit buses. Last month 18 active
adults went to Jakes Crawfish in Portland. School's Out Day Camp is a new program
that offers day care on random no school days. Settlemier Teen Center Grand
Opening and Skate Board Contest was held Saturday, September 13`h, so currently
both Teen Centers are now open from 3:30 - 7:30 p.m. with a daily attendance of 15-
20 kids. The Skate Board Contest was a huge success with 30 competitors and 150
spectators. Stu thanked Fall Line of Silverton for sponsoring the event. Stu showed a
You Tube video of the Skate Competition, created by Evan Thomas. The 28
member Youth Advisory Board is still going strong and continuing to build new
members. Jesse, a Woodburn Success School senior, has shown interest to build a
much needed water fountain at Settlemier Park for his senior project. On Halloween,
his department is hosting a Downtown Trick or Treat Night with games and activities
starting at 3:00 p.m. in the Downtown Plaza. Kids will receive a Trick or Treat bag
and head downtown to the participating downtown businesses with a Candy Stop sign
posted. Love Santa Inc. is looking for financial donations to support local kids and
families at Christmas time. Stu reported that the Woodburn Fire District held an
Open House this last weekend and our department was able to be there to promote
parks, recreation and aquatic programs.
Aquatics -Debbie Wadleigh
No report as Debbie was at the National Aquatic Conference.
Parks and Facilities -Jim Row
Centennial Park Final Phase
Jim shared that he is close to selecting a consultant to develop construction drawings
for the final phase of construction at Centennial Park. Once the design is completed,
He plans to pursue grants to assist in funding the construction. Jim reported that the
most significant grant that will be pursued is through the State's Local Government
Grant Program, which is funded by lottery proceeds. Jim displayed the current
Centennial Park concept plan. Discussion took place regarding recent advances in
lighting system efficiency and effectiveness. Discussion took place regarding our
existing partnerships with youth sports organizations, fees that would be charged for
the use of fields, and who would be responsible for selling concessions and
benefitting financially from tournaments.
Downtown Plaza
Jim shared that he was making a presentation to Rotary on Thursday to discuss their
potential partnership in completing the plaza gazebo project. With their assistance,
the gazebo will likely be ordered within the next few weeks and installed over the
winter or early spring.
8. Future Board Business
Discussion took place regarding the Boundless Playground concept from the draft
Master Plan, as well as an idea for a playground designed specifically for disabled
children. Board members expressed an interest learning more about the potential for
Page 3
Minutes
Woodburn Recreation and Parks Board
Tuesday, October 14, 2008
7:00 p.m.
developing these types of playgrounds in the future. They were also interested in
whether a playground vendor might be available to make a presentation to them on
the topic.
9. Board Comments
No comments.
10. Adjournment 8:25 p.m.
Rosetta Wangerin, Board Secretary
Date
Paulette Zastoupil, Recording Secretary
Date
Page 4
COMMUNITY SERVICES DEPARTMENT STATISTICS
SEPTEMBER 2008
Recreation Services Division
Sea_07 Sep_O8 2007 YTD 2008 YTD
Revenue: $20,223.79 $18,655.59 $32,241.72 $35,927.85
Expenditures: $32,786.79 $19,700.73 $115,673.17 $80,722.88
Program Attendance:
Youth Sports: 238 234 238 252
Adult Sports: 9 120 1,249 208
Youth Programs: 5 0 1,610 415
Adult Programs: 5 44 5 97
Teen Programs: 577 624 1,215 1,532
After School Club: 2,696 2,427 2,696 2,427
Special Events: 8,000 150 9,500 2,433
TOTAL: 11,530 3,599 16,513 7,364
Aquatics Division
Sep_07 Sep_08 2007 YTD 2087 YTD
Revenue: $11,100.10 $19,793.10 $54,595.93 $67,948.86
Expenditures: $45,054.81 $50,639.95 $148,141.43 $166,866.70
Cost Recovery: 25% 39% 37% 41
Attendance: 3,500 3,872 15,906 17,000
Lesson Enrollment: 0 0
Group: 60 44 523 496
Adults: 2 0 8 4
Private: 0 4 22 37
4th Grade: 72 37 72 37
TOTAL: 134 85 625 574
Library Division
Sep_07 Sep_O8 2007 YTD 2008 YTD
Revenue: $1,304.89 $1,345.67 $20,823.83 $21,507.25
Expenditures: $75,218.69 $80,012.78 $228,956.09 $243,095.95
Library Attendance: 14,149 15,589 47,568 53,574
Library Circulation: 10,687 11,178 34,839 36,717
Adult Pro4ram Count: 0 0 8 9
Adult Attendance: 0 0 3,590 3,340
Youth Service Pro4ram Count: 18 18 67 51
Youth Service Attendance: 359 394 1,660 2,105
Database Usage: 519 286 1,782 8,745
Adult Computer Usage: 4,266 4,209 13,204 12,668
Youth Services Computer Usage: 555 752 2,658 3,226
Room Reservations 1 5 9 21
New Adds: 594 369 1,554 1,206
Volunteer Hours Worked: 82 120 308 326
SEPTEMBER 2007
Woodburn Polir_e Dept. PAGE 1
DATE: 10/22/2008 PL6860
TIME: 8:30:50 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2008 SCOTTRU
ORI#: OR0240500 WPD RE SULTS FOR ALL OFFENSES
DATE USED: OFFENSE DATE
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL
AGGRAVATED ASSAULT 4 2 3 5 4 6 3 4 2 33
ANIMAL ORDINANCES 4 2 2 3 4 7 8 6 5 41
ARSON 0 0 3 0 3 0 0 1 0 7
ASSAULT SIMPLE 15 12 14 13 18 8 8 11 12 111
ATTEMPTED MURDER 0 2 0 0 0 0 0 0 1 3
BURGLARY - BUSINESS 3 1 3 0 3 2 4 2 1 19
BURGLARY - OTHER STRUCTURE 1 1 0 4 5 3 2 3 3 22
BURGLARY - RESIDENCE 8 8 2 13 4 2 S 2 8 52
CHILD NEGLECT 1 0 1 0 1 0 1 1 1 6
CITY ORDINANCE 0 1 0 2 1 1 2 S 2 14
CRIME DAMAGE-NO VANDALISM OR ARSON 16 20 7 15 22 18 16 9 17 140
CURFEW 0 4 1 0 1 1 7 5 4 23
CUSTODIAL INTERFERENCE 0 1 0 0 0 0 0 0 0 1
CUSTODY - DETOIf 0 2 0 2 1 1 1 3 3 13
CUSTODY - MENTAL 2 1 3 1 3 1 1 1 1 14
DISORDERLY CONDUCT 6 5 3 6 8 2 2 8 3 43
DOCUMENTATION 0 0 0 0 1 3 0 0 0 4
DRINKING IN PUBLIC 0 0 0 2 0 0 0 0 1 3
DRIVING UNDER INFLUENCE 13 12 14 9 10 15 15 15 13 116
DRUG LAW VIOLATIONS 12 24 3 7 13 6 17 11 15 108
DWS/REVOKED-MISDEMEANOR 1 6 5 1 2 1 2 1 7 26
ELUDE 1 1 1 1 0 0 2 1 1 8
EMBEZZLEMENT 0 2 0 0 0 0 1 1 0 4
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 1 1 2
FAIL TO DISPLAY OPERATORS LICENSE 3 1 3 1 3 2 4 5 2 24
FAMILY-OTHER 0 0 0 0 1 0 0 0 0 1
FORCIBLE RAPE 2 0 0 1 0 0 1 1 3 B
FORGERY/COUNTERFEITING 6 9 1 1 8 9 4 14 6 58
FRAUD - ACCOUNT CLOSED CHECK 0 2 0 0 0 0 0 0 0 2
FRAUD - BY DECEPTION/FALSE PRETENSES 2 0 0 2 0 0 0 1 0 S
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 1 3 2 2 1 0 3 3 3 18
FRAUD - IMPERSONATION 2 6 2 4 1 2 5 2 2 26
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 1 0 0 0 0 0 0 1 2
FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 2 0 0 2 2 4 10
FUGITIVE ARREST FOR ANOTHER AGENCY 35 33 29 29 21 22 23 23 22 237
FURNISHING 0 0 2 0 0 0 4 3 11 20
GARBAGE LITTERING 1 0 1 0 3 2 1 0 1 9
HIT AND RUN FELONY 1 1 0 0 1 1 0 0 0 9
HIT AND RUN-MISDEMEANOR 10 9 11 15 16 18 14 11 12 116
ILLEGAL ALIEN INS HOLD 1 2 0 0 0 0 0 0 0 3
INTIMIDATION /OTHER CRIMINAL THREAT 3 2 2 1 0 2 2 7 9 28
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 1 0 0 1 0 3
KIDNAP - FOR RANSOM 0 0 0 0 0 0 1 0 0 1
LICENSING ORDINANCES 0 0 0 0 0 0 1 0 3 4
LIQUOR LICENSE VIOLATIONS' 0 0 0 0 0 0 0 0 3 3
MINOR IN POSSESSION 2 3 7 4 3 4 8 9 9 49
MISCELLANEOUS 7 9 6 4 7 7 2 a e 54
MOTOR VEHICLE THEFT 6 6 4 5 7 3 7 5 11 SQ
OTHER 12 12 7 12 14 11 9 6 8 91
PROPERTY - FOUND LOST MISLAID 6 11 15 8 10 10 10 10 13 93
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 1 0 0 0 0 1
Woodburn Police Dept.
DATE: 10/22/2008
TIME: 8:30:50 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2008
ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES
DATE USED: OFFENSE DATE
CHARGE DESCRIPTION
PROSTITUTION - ENGAGE IN
PUBLIC HEALTH AND SAFETY ORDINANCES
RECKLESS DRIVING
ROBBERY - BUSINESS
ROBBERY - CAR JACKING
ROBBERY - CONV.STORE
ROBBERY - OTHER
ROBBERY - RESIDENCE
ROBBERY - SERVICE STATION
RUNAWAY
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY
SEX CRIME - E:SPOSER
SEX CAIME - FORCIBLE SODOMY
SEX CRIME - MOLEST (PHYSICAL)
SEX CRIME - OTHER
SEX CRIME PORNOGRAPHY/OBSCENE MATERIAL
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT
STALKER
STOLEN PROPERTY RECEIVING,BUYING,POSSESSING
SUICIDE
THEFT - BICYCLE
THEFT - BUILDING
THEFT - FROM MOTOR VEHICLE
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES
THEFT - OTHER
THEFT - PICKPOCKET
THEFT - PURSE SNATCH
THEFT - SHOPLIFT
TRAFFIC ORDINANCES
TRAFFIC VIOLATIONS
TRESPASS
VANDALISM
VEHICLE RECOVERD FOR OTHER AGENCY
WEAPON - CARRY CONCEALED
WEAPON - OTHER
WEAPON - POSSESS ILLEGAL
WILLFUL MUf2D ER
TOTAL:
PAGE 2
PL6860
SCOTTRU
JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL
0 0 0 0 0 1 0 0 0 1
3 0 1 0 11 4 1 I 0 21
1 2 4 2 1 3 2 1 7 23
0 1 0 0 0 1 0 1 0 3
0 0 0 0 1 0 0 0 0 1
0 0 1 0 0 0 0 0 0 1
0 0 1 3 1 0 2 1 0 g
0 0 0 1 0 0 0 0 0 1
1 0 0 0 0 0 0 0 0 1
3 5 S S 6 2 4 6 6 q2
0 2 0 Z 0 0 0 1 1 6
1 0 0 0 0 0 0 0 1 2
0 0 0 0 0 0 1 1 0 2
1 1 1 0 2 3 2 3 2 15
0 0 1 0 0 0 0 1 0 2
0 0 0 1 0 0 0 0 0 1
0 0 0 0 1 0 0 1 0 2
1 0 0 2 1 2 0 0 0 6
0 1 0 1 2 2 0 2 1 9
0 1 0 0 0 0 0 0 0 1
2 3 1 1 2 2 1 4 4 20
2 0 4 4 6 1 1 6 8 32
23 27 15 9 20 26 10 10 12 152
3 0 1 2 0 2 2 8 1 19
15 19 6 10 19 2S 16 19 2 131
0 0 1 0 0 0 0 0 0 1
1 2 0 0 3 1 1 1 1 20
10 8 7 11 12 9 6 6 7 76
I 2 0 1 3 9 1 0 0 I7
12 18 9 9 18 26 18 36 17 163
4 6 5 5 S 0 4 11 S 4S
39 33 65 4S 44 90 54 58 36 414
1 1 0 0 1 1 4 1 0 9
0 1 1 1 0 0 1 0 0 4
0 0 0 0 0 0 0 1 0 1
0 5 0 0 0 0 0 2 1 g
0 0 0 0 0 0 0 0 1 1
312 3S5 286 290 361 330 329 380 34S 2988
2008 TOTAL: 312 35S 286 290 36I 330 329 380 34S 0 0 0 2988
2007 TOTAL: 389 417 494 328 361 400 388 431 387 0 0 0 3595
2006 TOTAL: 44S 432 499 464 412 379 428 350 323 0 0 0 3732
Woodburn Police Dept. PAGE 1
DATE: 10/22/2008 PL6850
TIME: 8:30:38 MONTHLY ARR ESTS BY OFFENSE FOR JANUARY T HRU SEPTEMBER 2008 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL
AGGRAVATED ASSAULT 4 5 3 5 5 6 1 3 3 35
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 3 2 2 3 4 7 7 7 4 39
ARSON 0 0 0 0 0 0 0 0 0 0
ASSAULT SIMPLE 20 14 11 12 15 7 6 8 14 107
ATTEMPTED MURDER 0 2 0 0 2 0 0 0 0 4
BOMB THREAT 0 0 0 0 0 0 0 0 0 0
BRIBERY 0 0 0 0 0 0 0 0 0 0
BURGLARY - BUSINESS 1 0 1 0 0 0 0 0 0 2
BURGLARY - OTHER STRUCTURE 1 0 0 4 2 0 0 2 0 9
BURGLARY - RESIDENCE 1 0 0 6 3 0 2 0 0 12
CHILD ADBANDOMENT 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 1 0 0 0 0 0 1 2 2 6
CITY ORDINANCE 0 0 0 0 0 1 2 3 1 7
CRIME DAMAGE-NO VANDALISM OR ARSON 2 1 2 3 1 0 2 3 4 18
CURFEW 0 7 3 0 1 1 11 6 7 36
CUSTODIAL INTERFERENCE 0 1 0 0 0 0 0 0 0 1
CUSTODY DETOX 0 2 0 2 1 1 1 3 2 12
CUSTODY - MENTAL 3 1 3 1 2 0 1 1 2 14
CUSTODY PROTECITVE 0 0 0 0 0 0 0 0 0 0
DISORDERLY CONDUCT 10 8 3 9 14 6 2 18 5 75
DOCUMENTATION 0 0 0 0 0 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 2 0 0 0 0 1 3
DRIVING UNDER INFLUENCE 13 12 14 9 10 15 15 15 13 116
DRUG LAW VIOLATIONS 16 23 3 8 9 7 23 14 15 118
DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED-MISDEMEANOR 1 6 S 1 2 1 2 1 7 2G
ELUDE 1 1 1 0 0 0 4 1 1 9
EMBEZZLEMENT 0 1 0 0 0 0 0 0 0 1
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 L 1 2
EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0
FAIL TO DI SPLAY OPERATORS LICENSE 3 1 3 1 3 2 4 5 2 24
FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0
FORCIBLE RAPE 1 1 0 1 0 0 1 1 0 5
FORGERY/COUNTERFEITING 6 5 0 1 7 3 5 10 5 42
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 0 0
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 1 0 1
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 1 0 0 0 1 1 4
FRAUD - IMPERSONATION 0 1 0 1 0 0 1 3 2 8
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0
FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0 1 0 1 2
FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0
FUGITIVE ARREST FOR ANOTHER AGENCY 36 32 32 28 22 22 24 25 22 243
FURNISHING 0 0 2 0 0 0 4 3 11 20
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0
GARBAGE LI'CTERING 2 0 1 2 2 2 1 0 1 11
HIT AND RUN FELONY 0 0 0 0 0 0 0 0 0 0
HIT AND RUN-MISDEMEANOR 1 0 1 0 3 4 3 4 4 20
ILLEGAL ALIEN ~ INS HOLD 1 3 0 0 0 0 0 0 0 4
Woodburn Police Dept. PAGE 2
DATE: 10/22/2008 PL6850
TIME: 8:30:38 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2008 SCOTTRU
ORI#: OR0290500 WPD RE SULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL
INTIMIDATION /OTHER CRIMINAL THREAT 3 4 4 0 2 1 1 5 7 27
JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 0 0 0 1
KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0
KIDNAP - HI-JACK,TERRORIST 0 0 0 0 0 0 0 0 0 0
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 p
LICENSING ORDINANCES 0 0 0 0 0 0 0 1 0 1
LIQUOR LAW~OTHER 0 0 0 0 0 0 0 0 0 p
LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 3 3
MINOR IN POSSESSION 2 3 17 5 4 12 8 14 21 86
MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 p
MISCELLANEOUS 0 0 0 0 0 0 0 0 0 0
MOTOR VEHICLE THEFT 2 0 0 0 3 0 3 1 1 10
NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 O
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0
OTHER 11 9 6 12 12 3 5 4 5 67
PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 0 0 0 1 0 0 0 1
PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0 0
RECKLESS DRIVING 2 2 5 1 1 4 2 0 7 29
ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0
ROBBERY BUSINESS 0 0 0 0 0 0 0 0 0 p
ROBBERY - CAR JACKING 0 0 0 0 0 0 0 0 0 0
ROBBERY - WNV.STORE 0 0 0 0 0 0 0 0 0 p
ROBBERY HIGHWAY 0 0 0 0 0 0 0 0 0 0
ROBBERY - OTHER 0 0 0 0 1 0 1 1 0 3
ROBBERY - RESIDENCE 0 0 0 0 0 0 0 0 0 p
ROBBERY - SERVICE STATION 1 0 0 0 0 0 0 0 0 I
RUNAWAY 1 1 2 1 0 0 0 2 1 g
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 1 0 0 0 0 1 1 3
SEX CRIME ~ EXPOSER 1 0 0 0 0 0 0 0 1 2
SEX CRIME - FORCIBLE SODOMY 0 1 0 0 0 0 2 0 0 3
SEX CRIME - INCEST 1 0 0 0 0 0 0 0 0 1
SEX CRIME - MOLEST (PHYSICAL) 4 1 2 1 1 1 1 1 2 14
SEX CRIME ~ NON FORCE SODOMY 0 0 1 0 0 0 0 0 0 1
SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 0 0 O
SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 p
SEX CRIME - OTHER 0 0 0 0 0 0 0 1 0 1
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 1 0 0 0 0 0 1
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 1 0 0 0 1 0 2
STALKER 0 0 0 1 0 0 0 0 0 1
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 2 3 0 0 0 0 0 1 0 6
SUICIDE 0 0 0 0 0 0 0 0 0 p
THEFT BICYCLE 0 0 0 0 0 0 0 1 o I
THEFT - BUILDING 0 0 0 4 0 0 1 0 O 5
THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0
THEFT - FROM MOTOR VEHICLE 2 0 0 0 0 0 0 0 0 2
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0
PAGE 3
Woodburn Police Dept. PL6850
DATE: 10/22/2008
.TIME: 8:30:38 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2008 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL
THEFT - OTHER 0 4 0 0 3 1 2 9 1 20
THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0
THEFT - PURSE SNATCH 0 0 0 0 2 0 0 0 1 3
THEFT - SHOPLIFT 7 5 8 7 13 9 10 8 3 70
TRAFFIC ORDINANCES 0 0 0 0 0 3 0 0
' 0 3
218
TRAFFIC VIOLATIONS 21 32 19 17 29 24 21 7
3 18
TRESPASS 6 6 4 7 6 0 1 12 5 47
VANDALISM 1 4 3 13 0 0 4 6 3 34
VEHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 0 0 0 0 0
0
WARRANT ARREST FOR OUR AGENCY 0 0 0 0 0 0 0 0 0 4
WEAPON - CARRY CONCEALED 0 1 1 1 0 0 1 0 0 0
WEAPON - EX FELON IN POSSESSION 0 0 0 0 0 0 0 0 0 1
WEAPON - OTHER 0 0 0 0 0 0 0 1 0 4
WEAPON - POSSESS ILLEGAL 0 1 1 0 0 0 0 1 1 0
WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0
ZONING ORDINANCE 0 0 0 0 0 0 0 0 0
2008 TOTAL: 195 207 164 172 185 199 187 249 212 0 0 0 1715
2007 TOTAL: 194 213 291 201 205 235 242 252 159 0 0 0 1992
2006 TOTAL: 213 218 322 253 223 226 267 226 192 0 0 0 2140
WPD Month
Incident Type Total
Abandon Vehicles 15
Abate Nusiance 12
Animal Complaints 62
Business License Check 3
Tall Grass 1
Ordinance Violation 126
Area Check 19
Foot Patrol 6
FIR (Pedestrian Check) 64
Grafitti Abate 9
Other 19
Total of All Incidents 336
ber 2008
CI T Y OF WOODB URN
Community Development
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246
Date: October 6, 2008
To: Natalie Labossiere, Interim Community Development Director
From: Building Division
Subject: Building Activity for September 2008
2006 2007 2008
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 3 $419,863 10 $2,042,085 1 $229,108
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 4 $49,316 6 $120,945 11 $84,241
Industrial 0 $0 0 $0 0 $0
Commercial 12 $1,194,477 4 $96,130 7 $374,817
Signs and Fences 1 $1,500 0 $0 0 $0
Manufactured Homes 2 $44,950 4 $141,000 1 $60,000
TOTALS 22 $1,710,106 24 $2,400,160 20 $748,166
i Fiscal Year to Date (July 1 -
June 30 $5,221,268 39,857,097 $2,501,353
I Ccir c.~r ±y De•,e'cCmerr 8~.'d cytBc..ary Acuv ;yB!OgACt-200d' Bltlg Act~wty - Mer cs' acnv•ty - SeC 2004 ecc
'~TOODBURN
October 27, 2008
TO: Honorable Mayor and City Council through City Administrator
FROM: Ben Gillespie, Finance Director
SUBJECT: Identity Theft Program
RECOMMENDATION:
Council adopt the attached resolution implementing the City of Woodburn
Water/Sewer Utility Identity Theft Protection Program.
BACKGROUND:
In response to the growing threat of identity theft, the United States Congress
passed the Fair and Accurate Credit Transactions (FACT) Act of 2003.
Regulations interpreting the Act were adopted by the Federal Trade
Commission (FTC) on November 9, 2007. The regulations require all financial
institutions and creditors (defined to include utilities) to develop and implement
written Identity Theft Prevention Programs. The programs must provide for the
identification, detection and response to patterns, practices or specific activities
- known as "red flags" -that could indicate identity theft.
The FTC regulations became effective January 1, 2008 and are mandatory by
November 1, 2008.
DISCUSSION:
In preparing the program, staff reviewed the Federal Register describing the
development of the FTC rules. Staff looked at guidelines and examples from
other states including Minnesota, Kentucky, and Tennessee. The cities of Albany,
Pendleton, and Wilsonville provided assistance by sharing drafts of their
programs. Staff consulted with the City's bank (US Bank) about their identity
theft procedures.
The proposed Identity Theft Prevention Program applies narrowly to the
water/sewer utility. It is intended to address specifically FACT.
Agenda Item Review: City Administrator`~~~ City Attorney ~~~ Finan
Honorable Mayor and City Council
October 27, 2008
Page 2
Under the Identity Theft Protection Program, the City's utility will not collect or
record Social Security numbers or drivers license numbers. Staff will begin
checking identification of customers wanting to establish new accounts to
ensure the identity of the customer, but no record of the identifying numbers will
be kept.
Also, the City's utility does not keep credit card numbers on file. When a
customer pays over the phone with a credit card, the number is written down
long enough to process the transaction. Then the writing is destroyed. Each
credit card transaction is an individual transaction. The City's utility does not
automatically process monthly payments using credit cards, so there is no need
to keep credit card account numbers on file.
To insure that those paying over the phone with a credit card have the card
and not just the account number, the customer must provide the V Code on the
back of the card. This must correspond to the account number before the bank
will authorize the transaction.
The City maintains redundant fire walls, and the software is kept current. The
web site resides on a demilitarized zone (DMZ) that does not allow users to
access the City's network.
FINANCIAL IMPACT:
Some additional time will be required to maintain the program and to check
identification of new customers, but there should be no additional hard dollar
costs.
COUNCIL BILL NO. 2751
RESOLUTION NO.
A RESOLUTION IMPLEMENTING THE WATER/SEWER UTILITY IDENTITY THEFT
PREVENTION PROGRAM.
WHEREAS, the City of Woodburn maintains customer accounts for utility
billing and other purposes that meet the definition of "account systems" per
Section 114 of the Fair and Accurate Credit Transactions Act of 2003; and
WHEREAS, the City Council recognizes the importance of protecting
municipal utility customers from attempts to steal important personal
information; and
WHEREAS, it is necessary to have an internal program that actively looks
for such activity; and
WHEREAS, by adopting the attached program the City of Woodburn is
compliant with the Federal regulations addressing the confidentiality of the
personal information held by the City for customers who maintain accounts;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City of Woodburn adopts an Identity Theft Prevention
Program to apply to its Municipal utilities pursuant to the Fair and Accurate
Credit Transactions Act of 2003.
Section 2. A copy of said Identity Theft Prevention Program is attached
as Exhibit "A" to this resolution.
Approved as to form:
~n~~~
~4 Z 3 ~ e o ~
Date
Approved:
City Attorney
Kathryn Figley, Mayor
Page 1 - COUNCIL BILL NO. 2751
RESOLUTION NO.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2751
RESOLUTION NO.
EXHIBIT f't
Page ~ ~ of ..~--
City of Woodburn
Water/Sewer Utility
Identity Theft Prevention Program
Effective November 1, 2008
I. PROGRAM ADOPTION
The City of Woodburn Water/Sewer Utility ("Utility") developed this Identity Theft
Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule
(`'Rule") ,(16 C. F. R. § 681.2), which implements Section 114 of the Fair and Accurate Credit
Transactions (FACT) Act of 2003 and ORS 646A.622. This Program was developed with oversight
by the Finance Director and approved of the City of Woodburn City Council. After consideration of
the size and complexity of the Utility's operations and account systems, and the nature and scope of
the Utility's activities, the City of Woodburn City Council has determined that this Program was
appropriate for the City of Woodburn, and therefore approved this Program on October 27, 2008.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flag Rule, every creditor is required to establish an "Identity Theft Prevention
Program" tailored to its size, complexity and the nature of its operation. Each program must contain
reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those
Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity
Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to
the safety and soundness of the creditor from Identity Theft.
B. Red Flags Rule definitions used in this Program
I=XHIBIT ~_
~a~., ~ of ._._ _~Q_.___.
The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information
of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the
possible existence of Identity Theft."
According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule
defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility
companies, and telecommunications companies. Where non-profit and government entities defer
payment for goods or services, they, too, are to be considered creditors."
All the Utility's accounts that are individual utility service accounts held by customers of the Utility
whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered
account" is:
1. Any account the Utility offers or maintains primarily for personal, family or household
purposes, that involves multiple payments or transactions; and
2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable
risk to customers or to the safety and soundness of the Utility from Identity Theft.
"Identifying information" is defined under the Rule as "any name or number that may be used, alone
or in conjunction with any other information, to identify a specific person," including: name,
address, telephone number, social security number, date of birth, government issued driver's license
or identification number, alien registration number, government passport number, employer or
taxpayer identification number, unique electronic identification number, computer's Internet
Protocol address, or routing code.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the Utility considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it provides to access
its accounts, and its previous experiences with Identity Theft. The Utility identifies the following
red flags, in each of the listed categories:
A. Suspicious Documents
Red Flays
1. Identification document or card that appears to be forged, altered or inauthentic;
2. Identification document or card on which a person's photograph or physical description is
not consistent with the person presenting the document;
3. Other docwnent with information that is not consistent with existing customer
information (such as if a person's signature on a check appears forged); and
4. Application for service that appears to have been altered or forged.
B. Suspicious Personal Identifying Information
2
~xHl~lr
''~ ,~, ~ of _._.~_.
Red Flays
1. Identifying information presented that is inconsistent with other information the customer
provides (example: inconsistent birth dates);
2. Identifying information presented that is inconsistent with other sources of information
3. Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent;
4. Identifying information presented that is consistent with fraudulent activity (such as an
invalid phone number or fictitious billing address);
5. An address or phone number presented that is the same as that of another person;
6. A person fails to provide complete personal identifying information on an application
when reminded to do so (however, by law social security numbers must not be required);
and
A person's identifying information is not consistent with the information that is on file
for the customer.
C. Suspicious Account Activity or Unusual Use of Account
Red Flays
1. Change of address for an account followed by a request to change the account holder's
name;
2. Payments stop on an otherwise consistently up-to-date account;
3. Account used in a way that is not consistent with prior use (example: very high activity);
4. Mail sent to the account holder is repeatedly returned as undeliverable;
5. Notice to the Utility that a customer is not receiving mail sent by the Utility;
6. Notice to the Utility that an account has unauthorized activity;
7. Breach in the Utility's computer system security; and
8. Unauthorized access to or use of customer account information.
D. Alerts from Others
Red Flab
1. Notice to the Utility from a customer, identity theft victim, law enforcement or other
person that it has opened or is maintaining a fraudulent account for a person engaged in
Identity Theft.
IV. DETECTING RED FLAGS.
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a
new account, Utility personnel will take the following steps to obtain and verify the identity of
the person opening the account:
EXHIBIT
Detect
1. Require certain identifying information such as name, date of birth, residential or
business address, principal place of business for an entity, driver's license or other
identification;
2. Review documentation showing the existence of a business entity; and/or
3. Independently contact the customer.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account, Utility
personnel will take the following steps to extent possible to monitor transactions with an
account:
Detect
Verify the identification of customers if they request information (in person, via
telephone, via facsimile, via email);
Verify the validity of requests to change billing addresses; and
Verify changes in banking information given for payment purposes.
V. PREVENTING AND MITIGATING IDENTITY THEFT
In the event Utility personnel detect Red Flags, such personnel shall take one or more of
the following steps, depending on the degree of risk posed by the Red Flag:
Prevent and Mitigate
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Not open a new account;
4. Close an existing account;
5. Reopen an account with a new number;
G. Notify the Finance Director for determination of the appropriate step(s) to take;
7. Notify law enforcement; or
8. Determine that no response is warranted under the particular circumstances.
Protect customer identifying information
In order to further prevent the likelihood of Identity Theft occurring with respect to
Utility accounts, the Utility will take the following steps with respect to its internal operating
procedures to protect customer identifying information:
1. Ensure that its website is secure;
4
~~~i~iT
Page -2... of .---~
2. Ensure complete and secure destruction of paper documents and computer files
containing customer information;
3. Will not record or maintain a list of Social Security numbers;
4. Will not record or maintain a list of drivers' license numbers;
5. Will record credit card numbers only long enough to complete the current transaction.
Any written record of credit card numbers will be destroyed immediately following
completion of the current transaction;
6. Will not maintain records of credit card numbers for ongoing repeated transaction. All
credit card transactions must be initiated individually by the customer;
7. Ensure that office computers are password protected;
8. Keep offices clear of papers containing customer information;
9. Ensure computer virus protection is up to date; and
10. Require and keep only the kinds of customer information that are necessary for utility
purposes.
VI. PROGRAIYI tiPDATES
The Finance Director will review and update this Program at least once a year to reflect
changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the
Finance Director will consider the Utility's experiences with Identity Theft situations, changes in
Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in
the Utility's business arrangements with other entities. After considering these factors, the Finance
Director will determine whether changes to the Program, including the listing of Red Flags, are
warranted. If warranted, the Finance Director will update the Program or present the City of
Woodburn City Council with his or her recommended changes and the City of Woodburn City
Council will snake a determination of whether to accept, modify or reject those changes to the
Program.
VII. PROGRAM ADMINISTRATION.
A. Oversight
Responsibility for developing, implementing and updating this Program lies with an Identity
Theft Committee for the Utility. The Committee is headed by the Finance Director or his or her
appointee. Two or more other individuals appointed by the City Administrator for the City of
Woodburn or the Finance Director comprise the remainder of the committee membership. One of the
members should have detailed technical knowledge of the Utility's computer information systems.
The Finance Director will be responsible for the Program administration, for ensuring appropriate
training of Utility staff on the Program, for reviewing any staff reports regarding the detection of
Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of
prevention and mitigation should be taken in particular circumstances and considering periodic
changes to the Program.
B. Staff Training and Reports
EXHI3IT `}- °
,, ~ eI ~
.------~
Utility staff responsible for implementing the Program shall be trained either by or under the
direction of the Finance Director in the detection of Red Flags, and the responsive steps to be taken
when a Red Flag is detected. Utility staff will provide reports to the Finance Director on incidents of
Identity Theft.
Department Heads are responsible to be familiar with the Identity Theft Protection Act and
to meet with their staff to assess current compliance and document appropriate safeguard practices in
writing.
C. Service Provider Arrangements
In the event the Utility engages a service provider to perform an activity in connectio~l with
one or more accounts, the Utility will take the following steps to ensure the service provider
performs its activity in accordance with reasonable policies and procedures designed to detect,
prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers have such policies and procedures in place;
and
2. Require, by contract, that service providers review the Utility's Program and report any
Red Flags to the Finance Director.
D. Non-disclosure of Specific Practices
For the effectiveness of this Identity Theft Prevention Program, knowledge about specific
Red Flag identification, detection, mitigation, and prevention practices must be limited to the
Identity Theft Committee who developed this Program and to those employees with a need to know
them. Any documents that may have been produced or are produced in order to develop or
implement this program that list or describe such specific practices and the information those
documents contain are considered "Security information" (as defined in the following paragraph)
and are unavailable to the public because disclosure of them would be likely to substantially
jeopardized the security of information against improper use, that use being to circumvent the
Utility's Identity Theft prevention efforts in order to facilitate the commission of Identity Theft.
"Security information" is defined as government data the disclosure of which would be
likely to substantially jeopardize the security of information, possessions, individuals or
property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass,
or physical injury.
6
1~
~TooDBUR.~
October 27, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Scott C. Derickson, City Administrator
FROM: Terrie Stevens, Assistant City Administrator-
SUBJECT: Woodburn Police Association Contract
RECOMMENDATION:
It is recommended the City Council approve the attached resolution authorizing
a bargaining agreement with the Woodburn Police Association, effective
through June 30, 201 1.
BACKGROUND:
The bargained agreement between the City and the Woodburn Police
Association (WPA) expired June 30, 2008. The City, through its negotiating team
of City Attorney, Bob Shields, Police Captain, Charlie Blevins, and Assistant City
Administrator, Terrie Stevens met with WPA representatives beginning in May
2008. During this process the City Council was kept fully informed and offered its
input and guidance.
An effort was made to keep Woodburn competitive with other comparable
police jurisdictions so that officers can be retained and recruitment minimized.
Recruitment and training of police officers represents a significant public
investment.
The membership of the WPA has ratified the agreement and it is now before the
City Council for approval.
DISCUSSION:
The agreement is for athree-year period ending June 30, 201 1; and changes
certain working conditions; establishes longevity pay for officers with 10 years or
more of service, includes annual cost of living increases, and provides for City
Agenda Item Review: City Administrato City Attorne Finan
Honorable Mayor and City Council
October 27, 2008
Page 2
pick-up of the employee portion of PERS contribution. Salary provisions are
retroactive to July 1, 2008.
Based upon the data from comparable police jurisdictions, the proposed
agreement increases employee salaries by an estimated twelve percent (12%)
over the three year period. Salaries will be increased by three percent (3%)
2008-2009, retroactive to July 1, 2008. Salary increases of three (3) to five
percent (5%) [Equal to Portland CPI-W minimum three percent (3%) and
maximum five percent (5%)] will occur on July 1, 2009 and July 1, 2010. A three
percent (3%) longevity pay increase will be paid to employees upon completion
of ten (10) years of uninterrupted service and achieving an advanced
certification through the State of Oregon Department of Public Safety Standards
and Training.
FINANCIAL IMPACT:
The 2008-2009 estimated cost of the bargained adjustments with associated roll-
up costs, including cost of living increases of $ 46,898, longevity increases of
$ 8,465, retirement increases of $ 63,979, vacation cost increases of $10,302, and
various other costs of $14,391 (includes minimum four hour callback pay $10,951,
OIC pay $191, mileage/expense reimbursement $3,136, Second tier language
premium $2,995) are $144,035. These costs will be borne by the General Fund.
Monies to support the cost of this increase will be budgeted at mid-year.
COUNCIL BILL NO. 2752
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION AND ADMINISTRATION
OF A COLLECTIVE BARGAINING AGREEMENT WITH THE WOODBURN
POLICE ASSOCIATION.
WHEREAS, the purpose of collective bargaining is to reach an agreement on
matters relating to wages, hours, working conditions, and fringe benefits for certain
represented employees; and
WHEREAS, the City of Woodburn and the Woodburn Police Association have
bargained in good faith and understand the personnel, financial, and organizational
impacts of their new agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to execute on behalf of the City of
Woodburn a collective bargaining agreement between the City of Woodburn and the
Woodburn Police Association.
Section 2. That the City Administrator is authorized to administer said
agreement.
Section 3. That a copy of said agreement is attached as Exhibit "A" and
incorporated herein.
Approved as to form:
APPROVED:
~~ .`~- ~~
City Attorney
Kathryn Figley, Mayor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
~~ ~1 2s~b
Date
Page 1 -COUNCIL BILL NO. 2752
RESOLUTION X10.
ATTACHMENT- I~ ~ .
Page ` of
PREAMBLE
This Agreement is agreed to between the City of Woodburn, Oregon, hereinafter called the City,
and the Woodburn Police Association, hereinafter called the Association. This Agreement is
entered into for the purpose of fixing the wage scale, schedule of hours, and conditions of
employment affecting members of the bargaining unit.
The purpose of this Agreement is to set forth the full agreement between the parties on matters
relating to employment relations.
City of Woodburn & Woodburn Police Assn. Page
CBA Effective 2008-2011
ATTACHJyIENT~
Page ~~ of
ARTICLE 1 -RECOGNITION
The City recognizes the Association as the sole collective bargaining agent for all regular and
probationary employees employed in job classifications covered by this Agreement as listed in
Appendix A.
The parties further agree that the classifications of Sergeant, Captain, Deputy Chief, Chief and
Administrative Secretary are specifically excluded from the bargaining unit.
The accrual of all paid time off benefits and benefits (Articles 13, 14, 15 and 22) is predicated
upon a regularly scheduled, forty (40) hour workweek. Employees who work less than forty (40)
hours per week shall have all such benefits prorated based upon the relationship their regularly
scheduled work hour's bear to forty (40) hours, except that employees who regularly work less
than twenty (20) hours/per week shall not be eligible for benefits (Articles 13, 14, 15 and 22).
ARTICLE 2 -ASSOCIATION SECURITY
A. Association Dues: The City agrees to deduct once each month from the pay of
employees covered by this Agreement as applicable:
1. The Association membership dues and assessments of those Association members
who individually request such deductions in writing.
2. In lieu of paragraph 1 of this Article, a monthly service fee equal to the cost, to
the extent permitted by law, of negotiations and contract administration as
certified in writing by the Association to the City, not, however, to exceed the
uniformly required dues of members, from any employee who is a member of the
bargaining unit and who has not joined the Association within thirty (30) days of
this Agreement, or within thirty (30) days of becoming an employee, whichever is
later.
3. The Association expressly agrees that it will safeguard the rights of non-
Association employees, based upon bona fide religious tenets or teachings of a
church or religious body of which such employee is a member or other sincerely
held religious beliefs, in accordance with applicable law. As to any such
employee, such sums paid by such employee shall be equivalent to regular
Association dues and shall be paid to anon-religious charity mutually agreed
upon by the employee making such payment and the Association, or in lieu
thereof the employee shall request that such in-lieu-of--dues payment be not
deducted and shall make such payment to a charity as heretofore stated and shall
City of Woodburn & Woodburn Police Assn. Page 2
CBA Effective 2008- ~ 1 1
ATTACHMENT u
Page ~ of c ~~~
fumish written proof to the Association and the City, when requested, that this has
been done.
4. The amounts to be deducted shall be certified to the City by the Treasurer of the
Association, and the aggregate deductions of all employees shall be remitted, by
Automatic Clearing House (ACH) transfer if requested by the Association,
together with an itemized statement, to the Treasurer of the Association by the
10`h day of the succeeding month after such deductions are made. Such itemized
statement shall also include annotation as to any new hires or terminations.
Notification of new hires shall take place at the time the first dues payment is to
be paid and shall include the employee's name, Social Security number, mailing
address, and job title.
5. Provided the City acts in compliance with the provisions of this Article, the
Association will indemnify, defend, and hold the City harmless against any claims
made and against any suit instituted against the City as a result of the City's
enforcement of the above provisions or as a result of any check-off errors.
B. Bulletin Boards and Use of City Facilities: The City agrees to furnish and maintain a
bulletin board within the Police Department to be used by the Association for the posting of
notices and bulletins related to the Association. The City also agrees to permit the Association to
utilize available City facilities for meetings with employees conducted in accordance with
established City rules applicable to other groups within the community. All requests for use of
meeting rooms within the Police Department must be approved by the Chief of Police or his
designee.
C. Association Activities: Except as otherwise provided in the Agreement, during their
working hours, Association members shall not engage in solicitation for membership in the
Association, the collection of fees or dues for the Association, or carry on other business
activities of the Association, provided that this provision shall not prohibit conversations
concerning Association matters which do not interfere with the work and duties of any City
employee.
D. P~roll Deductions: All other previously established payroll deductions shall continue to
be offered so long as the present level of employee participation does not decrease.
ARTICLE 3 -NON-DISCRIMINATION
The provisions of this Agreement shall be applied equally to all employees in the bargaining unit
without discrimination as to age, marital status, race, color, sex, creed, religion, national origin,
political affiliation or other protected status or activities, in accordance with applicable law. In
light of state and federal discrimination remedies, the provisions of this Article 3 shall not be
subject to arbitration under the grievance procedure or serve as the basis for any other claim of a
violation of this Agreement.
City of Woodburn & Woodburn Police Assn. Page 3
CBA Effective 2008-201 I
ATTACHMENT _~,...
page ~. of _Uc_~_~ ___
ARTICLE 4 -MANAGEMENT RIGHTS
The City shall retain the exclusive right to exercise the customary rights and functions of
management, including, but not limited to, directing the activities of the Department,
determining the levels of service and methods of operations, including subcontracting and the
introduction of new equipment; the right to hire, layoff, transfer, and promote; to discipline or
discharge probationary employees without limitation and non-probationary employees for just
cause; to determine work schedules and assign work, and any other such right (and function) not
specifically referred to in this Agreement. Management rights, except where abridged by
specific provisions of this Agreement, are not subject to the grievance procedure.
It is further understood and agreed that if the City does not exercise a management right reserved
to it or if the City exercises a management right reserved to it a particular way, such conduct
shall not be deemed a waiver of its right to begin exercising such a right in the future or to
exercise such a right differently in the future. However, nothing in this paragraph shall be
considered to be a waiver by the Association of bargaining rights afforded under the Public
Employees Collective Bargaining Act (PECBA).
ARTICLE 5 -STRIKES AND LOCKOUTS
In as much as there are other means, both by law and through this Agreement for the resolution
of disagreements that may from time to time arise, the parties agree as follows:
A. Lockout: During the term of this Agreement, the City shall not, as a result of a dispute
with the Association, deny employment to any employee covered by the terms of this
Agreement.
B. Strike: During the term of this Agreement, the Association or its members will not
participate in any strike, slowdown, or other concerted activity, to include the observance of the
picket line of another labor organization. In the event of a violation of the above by the
Association or members of the bargaining unit, the City may discipline, including discharge, any
employee involved in such prohibited activity on a uniform or selective basis.
ARTICLE 6 -ASSOCIATION BUSINESS
A. Association Representatives: The Association agrees to notify the City in writing of all
members selected to serve as official representatives. Employees designated as Association
representatives shall be allowed time off with regular pay for the purpose of representing
employees in disciplinary interviews and attending grievance procedure meetings, when such
meetings occur during the employee's scheduled work hours. In addition, a maximum of two (2)
City of Woodburn & Woodburn Police Assn. Page 4
CBA Effective 2008-20] 1
ATTACHMENT ~_
Pa~;~ ~ ~f
representatives of the Association will be allowed time off with regular pay to attend negotiation
and mediation sessions that occur during their scheduled work hours.
B. Special Conferences: Special conferences for important matters may be arranged between
the Association and the City upon mutual agreement of the parties. Such meetings shall be
arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented
at the time the agreement to confer is made. Two (2) official Association members shall be
permitted to attend such conferences without loss of pay to the extent such meetings are
scheduled during on-duty hours of the members so attending.
C. Association Meetings: On duty employees may attend Association Meetings held at
Department facilities no more than six (6) per year and no longer than one (1) hour in duration.
The Association shall give the Department reasonable notice, unless a shorter notice period is
agreed upon, so that an appropriate meeting room can be scheduled. On duty employees
attending Association Meetings shall respond to all calls as directed by a supervisor.
ARTICLE 7 -PERSONNEL MANUAL/CONTRACT
The City agrees to furnish each employee of the bargaining unit with either a written or
electronic copy of the City Personnel Manual, Department Rules and Regulations and a copy of
this contract. The cost of printing and assembling copies of this contract will be borne by the
Association. New employees shall be provided with the above at the time of their appointment.
All updates, additions, and/or modifications to the above shall also be supplied on a timely basis.
In the event of any conflict between the City Personnel Manual, Department Rules and
Regulations and the contract, the contract governs.
ARTICLE 8 -SENIORITY
A. Definition of Seniority: Seniority shall be defined as the length of an employee's
unbroken employment in the bargaining unit. Probationary employees shall not be considered to
have seniority, but shall be credited with seniority to their first day of employment in the
bargaining unit immediately upon completion of probation.
B. Breaks in Seniority: Except as stated in Section C, below, employees will continue to
accrue seniority unless and until their seniority is broken. Seniority will be broken and the
employment relationship will be severed if any of the following events occur:
Voluntary resignation or retirement;
2. Discharge of a regular employee for just cause or a probationary employee "at
will;"
Layoff or continuous absence from work due to off-the-job injury/illness for more
than twenty-four (24j month's duration;
City of Woodburn & Woodburn Police Assn. Page 5
CBA Effective 2008-2011
ATTACHMENT ~_
PaSe ,~ of [~S>
4. Failure to notify the Chief of Police or his designee of intent to return to work
pursuant to a recall notice sent by certified mail, return receipt requested, to the
last address provided to the City through personnel records within seven (7)
calendar days of receipt of such notification or ten (10) days of mailing,
whichever occurs later;
S. Failure to report for work immediately upon expiration of an authorized leave of
absence or, in the case of an absence due to off or on-the-job injury/ illness,
failure to report for available work within seven (7) days of receipt of notice of a
limited or full medical release to return to work;
6. Absence from work due to an on-the-job injury/illness in accordance with ORS
Chapter 6S9 -Workers' Compensation and Return to Work; or
Job abandonment.
Employees who are serving in the military will continue to receive seniority and reinstatement
according to applicable law.
C. Adjustments in Seniorit~Dates
Employee seniority dates will be adjusted in the following circumstances:
Promotions to Positions outside the Bargaining Unit
Employees who are promoted to positions within the Police Department that are
excluded from the bargaining unit, but are returned to bargaining unit positions by
the City return with the seniority they have accrued.
2. Leaves of Absence
Employees who are absent from work on a leave of absence will continue to
accrue seniority, provided they are drawing pay (e.g. vacation, holiday or sick
Leave) and for up to thirty (30) days following depletion of their paid leave banks.
Thereafter, seniority will no longer accrue. This provision will not be applied to
employees who are designated as being on FMLA, OFLA, military or jury duty
leave.
D. Application of Seniority
Seniority shall apply to the following employment decisions:
I,ayoff: In the event of a layoff for any reason, bargaining unit employees shall
be laid off as follows: First, probationary employees shall be laid off. If there are
no probationary employees and/or the layoff of regular employees becomes
City of Woodburn & Woodburn Police Assn. Page 6
CBA Effective ?008-201 1
ATTACHMENT __~~____
Pang 2 Of ~-~
necessary, such layoffs shall be in the order of lowest seniority first as defined in
A and C above.
2. Recall: Regular employees shall be called back from layoff in inverse order of
layoff. Recall notices shall specify a minimum of ten (10) days from the date of
mailing for the employee to return to work. The City may, however, specify a
later reporting date.
Employees who wish to waive re-employment rights may do so by written
notification to the City.
Shift Scheduling: Employees are entitled to use their seniority to bid for shift
preferences in accordance with Article 11, Section G.
4. Vacation Preferences: Employees are entitled to use their seniority to bid for
vacation time off in accordance with Article 14, Section B.
E. General Provisions
1. Seniorit~sts: The City shall provide the Association with a seniority list upon
request.
2. Reinstatement of Seniority: If an employee is discharged, grieves the discharge
at arbitration or civil court, prevails and is reinstated, he/she shall receive
seniority credit for the period from discharge to reinstatement. Also, employees
returning from layoff or leave of absence which does not result in a break in
seniority as set forth in Section B, above shall have all previously accrued
seniority reinstated and/or adjusted in accordance with Sections B and C, above.
Restoration and Accrual of Benefits: Employees returning from layoff or leave
of absence that does not result in a break in seniority as set forth in Section B,
above shall have all previously accrued unused sick leave, holiday and vacation
benefits restored, but shall not accrue benefits for the period of the layoff or leave
of absence, except for continuation of health insurance premiums as required by
applicable law. In the event an employee suffers a break in seniority before
drawing all accrued sick leave, holiday and vacation benefits, any unused holiday
and vacation benefits will be paid to the employee at the time his/her seniority is
broken and employment is severed, consistent with applicable law.
ARTICLE 9 -OUTSIDE EMPLOYMENT
A. Activities that are not Related to Law Enforcement: Employees wishing to engage in
off-duty employment with another employer must obtain approval from the Chief by submission
of a request in writing for such approval. Likewise, employees wishing to make a material
change in the nature or hours of outside employment currently approved by the City must obtain
City of Woodburn & Woodburn Police Assn. Page 7
CBA Effective 2008-201 1
ATT'ACH~fENT
Paga _~ of
approval by submission of a written request for such approval. Such written requests shall
specify the name of the prospective employer, the job title of the position, a description of the
nature of the work to be performed. Upon receipt of such request, the City shall have the right to
contact the prospective employer to independently determine the nature of the employment being
considered. The City shall normally approve or deny a request for outside employment within
seven (7) business days of its receipt.
The Chief may deny a request for approval of outside employment if there is a conflict of interest
or the nature or hours of work required for such employment would interfere with the ability of
the employee to perform required duties, including duties required to be performed outside the
employee's regular working hours. For purposes of this Article, a conflict of interest shall
include any circumstance where the employee's or overall department effectiveness would or
might be impaired as a result of the public's knowledge of the nature of the outside employment
or where such employment presents legal or other conflicts of interest which could or might
interfere with the employee's effectiveness as a iaw enforcement officer. When permission to
engage in outside employment is granted, it shall not be construed to in any manner compromise
the employee's obligation to the City to be available for overtime, call-out, and shift change on
the same basis as other employees who work in the same classification. In addition, the
employee shall schedule the outside employment in such a manner so as to have at least eight (8)
hours off for rest prior to the start of each regularly scheduled City shift.
B. Activities that are Law Enforcement Related: The City may from time to time agree to
provide law-enforcement-related services to other public agencies, local merchants, or other
organizations. When employees are detailed to such activities, the employee shall continue to be
subject to the direction and control of the Chief of Police and shall receive all benefits and rights
afforded by this Agreement. However, service in law enforcement training activities, e.g. service
as a DPSST instructor, shall be governed by the provisions of Section A, above, and not by the
provisions of this section.
ARTICLE 10 -WORK OUT OF CLASSIFICATION
When in the City's sole discretion an employee is temporarily appointed to a higher
classification, he/she shall receive a five percent (5%) pay increase for all time spent in such
assignment. All such appointments shall be by written notification to the employee.
The City shall establish an Officer in Charge (OIC) program. Said program shall include clearly
established criteria for eligibility for the program and attendant training requirements. Criteria
shall also specify when and how an officer shall be designated OIC and his or her duties in that
assignment. Employees designated OIC shall receive a five percent (5%) pay increase for all
time worked in such assignment. Although it is the City's desire to assign a supervisor or OIC to
each shift, the parties understand that such assignments are not required.
City of Woodburni & Woodburn Police Assn. Page 8
CBA Effective 2008-201 1
ATTA.CNMENT ___~___.._.
Page ~., of ~---~--
ARTICLE 11 -HOURS OF WORK
A. Workday: A day is defined as atwenty-four-hour (24-hour) period commencing with
the employee's scheduled shift day. A regular workday for employees shall consist of either eight
(8) consecutive hours per day on the basis of a five-day workweek schedule (5-8 plan) or ten
(10) consecutive hours per day on the basis of a four-day workweek schedule (4-10 plan), or
twelve (12) consecutive hours per day on the basis of a four-day workweek schedule. All
employees shall be assigned a regular work schedule consisting of five (5) consecutive eight-
hour (8-hour) workdays or four (4) consecutive ten-hour (10-hour) days, with the same starting
time for each day, or an alternate twelve (12) hour workday schedule that complies with the Fair
Labor Standards Act (FLSA) requirements, and as implemented at the sole discretion of the City
of Woodburn.
When a twelve hour workday is implemented the parties agree to the adoption of a regular and
recurring 28 day work period (beginning January 151 of each year) pursuant to Section 7 (k) of
the Fair Labor Standards Act, 29 U.S.C. § 207 (k) and the implementation of a twelve (12) hour
workday. In such case, the Workday and Workweek shall be amended to consist of a
consecutive twelve (12) hour workday, and will provide for a twelve (12) hour work schedule:
This schedule shall consist of two (2) consecutive twelve (12) hour work days followed by two
(2) consecutive days off, three (3) consecutive twelve (12) hour work days followed by two (2)
consecutive days off, two (2) consecutive twelve (12) hour work days followed by three (3)
consecutive days off. Day Shift shall be 0600 to 1800 followed by Night Shift from 1800 to
0600.
The provisions of this section shall not apply during the week when a shift rotation occurs.
Employees shall not be required to work more than 16 consecutive hours without eight (8) hours
of rest between the next call to duty, except upon mutual agreement of the parties or an
emergency as declared by the Chief or designee.
The City reserves the right to implement or discontinue a 4-twelve (12) hour schedule and re-
establish a 5-8 or 4-10 work schedule as currently provided after providing seven (7) days
written notice, without any further need to bargain concerning the decision or the impacts of the
decision to do so.
B. Meals and Breaks: Except for court days, training days, and days when traveling
outside the City, employees shall be entitled to two (2) ten (10) minute breaks per workday, and
one (1) thirty (30)-minute meal period per workday. These breaks and meal periods shall be paid
time. Employees working a twelve (12) hour shift shall receive three (3) fifteen (15) minute
breaks and one (1) thirty (30) minute meal period per workday. Employees may combine their
daily breaks at their discretion, subject to operating needs. During the employee's break and meal
period, the employee shall remain on on-duty status and shall be subject to call-out in cases of
immediate need.
Detectives: Detectives will work a regular forty (40) hour week. Generally, the schedule is
Monday -Friday, 8 am to 5 pm, with cone-hour unpaid lunch. Detectives will be allowed to
City of Woodburn & Woodburn Police Assn. Page 9
CBA Effective ?008-?011
ATTACHMENT-L~
Par ~ _~ of
work a 4/10 schedule at the Chief s option. If a 4/10 schedule is implemented, the Chief may
direct that a 10 hour work schedule be discontinued at anytime during the year. Detectives will
be allowed to flex schedules for the purposes of meeting daily needs for regular scheduled shifts
with supervisory approval.
C. Workweek: A normal workweek shall consist of forty (40) hours of work during a
seven-day (7-day) calendar period commencing 0001 Monday and ending midnight of the
following Sunday. When working afour-twelve (4-12) plan, a normal workweek shall consist of
up to one hundred forty seven (147) hours worked in a twenty-four (24) day work period. When
working an alternate twelve (12) hour shift, the normal workweek shall be as established by the
given schedule and in compliance with the FLSA. For employees assigned to work afour-
twelve (4-12) plan or an alternate twelve (12) hour plan on a regular basis, the City hereby
adopts and establishes a regular, recurring period of work which shall consist of twenty four (24)
days for the police officers so assigned, in accordance with the Fair Labor Standards Act, Section
7(k). It is understood, that in earlier negotiations for working 12's, the employees will receive
additional holiday pay as established in Article 13. (Note: Overtime training hours will be paid
as per FLSA, 29 USC § 207 (k).
D. Shift Changes: The Department reserves the right to make shift change with seven (7)
days advance notice. Shift changes, including changes due to mandatory training that occur
without seven-day (7-day) prior notification will be subject to the overtime requirements of
Article 12 for the hours worked or in training except for those hours worked, which overlap with
the regularly scheduled shift. If a shift change without seven (7) days prior notification is the
result of another employee's use of sick leave, bereavement leave, administrative leave, holiday
leave taken as a result of a personal emergency, resignation with less than seven (7) days
(actually worked) notice, or absence from work due to a workers' compensation injury (except
for scheduled medical appointments with sufficient notice given to the City), the schedule
change shall, for purposes of overtime payment, be treated as though seven (7) days prior
notification had been given. Employees may voluntarily waive the seven (7) day notice
requirement.
E. Safety Release: Employees shall be scheduled to receive at least eight (8) hours off
between the scheduled end of shift and scheduled start of the next shift when working a 5-8 or 4-
10 plan, and ten (10) hours off when working a twelve (12) hour shift. If an employee does not
receive the minimum hours off between the scheduled end of his/her shift and scheduled start of
the next shift, he/she will be paid overtime for any hours worked during that eight (8) or ten (10)
hour period, as appropriate, except upon mutual agreement of the parties or an emergency as
declared by the Chief.
F. Shift Trades: Shift trades, which are voluntary between employees, will be allowed
when both employees submit written request twenty-four (24) hours in advance specifying both
the initial and the reciprocal trade that is to be made, subject to the following:
The request will be initiated by personal contact with a supervisor.
City of Woodburn & Woodbum Police Assn. Page 10
CBA Effective 2008-2011
ATTACHMENT ~ _
pay ~ of ~_.~„
2. No employee will work two shifts without at least eight (8) hours off between said
shifts.
3. City operations and employee safety will not be adversely affected by the shift
trade. When a shift trade occurs, each employee will for pay purposes, be treated
as though he/she worked his/her scheduled shift. However, in the event of a shift
extension, the employee working the extra time off receives the pay for same at
his/her established overtime rate.
4. In the event an employee leaves the City's employment without working a
reciprocal trade shift, the employee's final paycheck will be reduced by the
amount of wages that would have been earned if the reciprocal shift trade was
completed before separation from employment.
G. Shift Rotation:
1. Shift Scheduling: When operating under a 5-8 plan the regular shift rotation
shall occur approximately every three (3) months on the Monday of the first full
week of that month beginning in January. The shift scheduling process shall allow
the employee to select two (2) of the four (4) shift schedules (after seven years
with the Department, an employee may select all four shift schedules he or she is
to work during the year), as follows:
a. On or around October 15 of each year, the City shall first post a master
schedule of the anticipated available shifts for each quarter of the year and
the first quarter of the following year, which shall include days and hours
to be worked for each position.
b. Each employee, starting with the employee who has the most seniority,
shall in turn indicate his or her preference as to any two (2) of the four (4)
shift tours that he or she wishes to work among those indicated on the
master schedule that have not been previously selected by more senior
employees. However, any patrol officer who at the time of selection of
shifts for the following year worked twenty (20) or more days in a three-
month (3-month) shift tour on a shift other than the shift he/she selected as
a result of shift reassignment pursuant to Section G 1 c below, shall select
by seniority three (3) of the four (4) shift tours that he or she will work.
Employees shall be allotted seven (7) days in which to complete the shift
bidding process.
c. Within seven (7) days after all employees have made two (2) (or 3, if
applicable) shift tour selections, the City shall, without limits as to its
discretion, schedule the remaining shift tours for each employee so as to
complete the work schedule for the year from the listed shifts.
2. Twelve (12) hour Shifts:
City of Woodburn & Woodburn Police Assn. Page 1 1
CBA Effective 2008-201 I
a. Shift rotation while working a twelve (12) hour schedule will occur on a
quarterly basis as near as possible to the first of the months of January,
April, July, and October. It is understood that this twelve (12) hour work
schedule is based on a no overtime expense to the City by virtue of
rotation.
b. Shift teams and/or shift assignments created under a twelve (12) hour
work schedule will be established solely on the basis of operational needs.
However, the City will evaluate team effectiveness and makeup not less
than every twenty-four (24) months.
Exceptions: With regard to the above procedure, it is recognized that the
scheduling of shifts on the basis of employee preference will not be allowed to
interfere with the City's ability to provide the best and most cost-effective service
to the public. By way of example therefore, the following exceptions to the above
shift scheduling procedures are made:
a. Probationary employees shall not be subject to the provisions of this
Section G1, above.
b. Employees assigned to a particular activity that is traditionally associated
with specific work schedules shall not be subject to the provisions of this
Section.
Examples of such assignments include the following:
(1) Investigations/Detectives
(2) Inter-Agency Task Force Assignment
(4) Traffic Detail -Motorcycle Patrol
(5) School Resource Officer
(6) Community Policing Officer
(7) Canine Unit
(8) Community Response Team
It is further understood and agreed that in the event an employee requests or is
transferred from a specialty assignment to patrol duties during a shift schedule
period, such a change will not trigger an obligation to conduct new shift rotations
or alter current shift preferences made pursuant to Section G 1, above. The City
shall assign any such employee a shift for the remainder of the current shift
City of Woodburn & Woodburn Police Assn. Page 12
CBA Effective 2008-2011
ATTACHMENT __~__.,,..,
pa~;~ ~ of yG „_,_,
schedule which is based on operational needs. Officers scheduled to end an
assignment may shift bid with other officers during the normal shift bid process in
anticipation of the end of the assignment.
4. Discontinuance of 12-hour shifts: Shift rotation in Section G will not apply to a
twelve (12) hour work schedule. Should the Chief of Police direct that a twelve
(12) hour work schedule be discontinued at anytime during the year, a shift
bidding process by seniority shall be conducted. The shift bidding shall be for the
remainder of the current calendar year and the balance of the next calendar year,
prior to the annual shift bidding process. The shift bidding shall be accomplished
in accordance with the Section G1 and G3, except that the initial posting of the
schedule for bid shall be not more than sixty (60) days after the discontinuance of
the twelve (12) hour shift. All non-priority vacations and time off will be
cancelled; the Department will then analyze the impact of shift bidding on the
scheduled priority vacations that are in conflict with a more senior officer's
priority vacation and allowing the re-bidding of that priority vacation at another
time, this will be followed by requests for Vacations and Holidays as outlined
more specifically under Article 14B 1 of the agreement. The parties agree that
seniority bid priority vacations, and vacations cancelled under such a
circumstance, are the result of shift re-bidding selections by employees and are
not under the control of the City, it is therefore agreed that Article 14 Section C is
waived in this situation.
H. On-Call Detective: Each week, commencing at 0800 hours on Monday and ending at
0759 hours the following Monday, the City may assign one (1) Detective to "on-call" Detective
status. The rotation schedule for on-call Detective shall be established by the City's Detective
Sergeant with input from the Association members assigned to Detective duty. Requests for
training or personal leave that affect the on-call schedule will be considered in establishing the
on-call rotation. Trading of on-call weeks between Detectives shall be permitted, with advance
approval from the Detective Sergeant or designee. At the end of each on-call week, the
Detective who completed the previous on-call week will be compensated an additional four (4)
hours holiday pay. All on-call Detectives must be able to respond to the call-out within one (1)
hour of contact.
I. Off-Duty Contacts: All employees, excluding on-call Detectives, who receive telephone
calls or other contacts from the Department regarding work-related matters while off-duty shall
be compensated as follows: If the contact exceeds seven (7) minutes in duration, the employee
shall be compensated a minimum of one-half (1; 2) hour or actual time spent on such call at
his/her regular overtime rate of pay, whichever is greater. If the contact takes seven (7) minutes
or less, it will be considered minor and will not be compensated. Employees are responsible for
reporting all contacts of more than seven (7) minutes as time worked.
J. Off-Duty Canine Care: Canine Officer and dog training activities shall be conducted
primarily on-duty. Canine Officers accept and may resign from the position voluntarily.
Acceptance of the assignment is based upon willingness to care for the animal off-duty as a
City of Woodburn & Woodburn Police Assn. Page 13
CBA Effective 2008-201 1
ATZ~~~~t#A~~iV.l
family pet. Employees who serve as Canine Officers shall not receive overtime wages for off-
duty care of the animal as a family pet. The parties intend to compensate for the off-duty care,
feeding, grooming, bathing, exercising, and kennel cleaning and maintenance time. The parties
intend to compensate for approximately two and one-half (2 %2) hours per week. The parties
agree that not more than two and one-half (2 1/2) hours per week are required for off-duty care
of the animal, and Canine Officers shall not exceed two and one-half (2 %j hours per week in
work-related canine duties without approval from a supervisor. The parties agree that dog care
activities do not have to be compensated at the same rate of pay as law enforcement activities,
and that each person assigned as Canine Officer will be entitled to a three percent (3%) premium
to the Officer's base pay. The parties agree that commuting to work with the dog does not
constitute "hours of work" solely because the dog is in the vehicle. Canine Officers shall be
entitled to a call back premium when duty concerns emergency care of their animal, consistent
with Article 12.B.
ARTICLE 12 -OVERTIME
A. Overtime Work: As used in this Agreement, overtime shall mean that time an employee
is authorized and directed to work in excess of eight (8) ten (10) hours or twelve (12) hours, as
appropriate, in one or on any day, or in addition to a scheduled forty-hour (40-hour) shift week.
Overtime shall be computed to the nearest quarter (1 /4} hour. The City has the unqualified right
to require employees to work overtime. If an employee is assigned to a twelve (1 Z) hour shift,
the employee shall receive overtime pay if the employee works more than twelve (12) hours per
day or more than one hundred seventy-one 171) hours in a twenty-eight (28) day work period.
B. Call-Outs and Holdovers:
Selection: The City reserves the right to call out any and all employees based on
Department need or emergency. Shift holdover shall be offered on the basis of
seniority.
2. Exclusions: Exemptions from Section 1, above shall be the same as those listed
in Article 1 I, Section Gab.
3. Payment: Time worked that is not in conjunction with a shift shall be paid at a
minimum four (4) hours pay at time and one and one-half (1 ''/z) the employee's
regular rate of pay. However, call-out will not be paid for scheduled
Departmental meetings, Field Training Officer (FTO), Officer in Charge (OIC)
and Chief's forum meetings, if the employee is given seven (7) days written
notice of the meetings. Such notice may be delivered to an employee's
Departmental mail box or electronically. If an employee is called out to work and
that call-out is subsequently canceled, the employee shall receive acall-out,
unless such cancellation occurs within ten (10) minutes of the first notification to
report to work.
City of Woodburn & Woodburn Police Assn. Page 14
CBA Effective ?008-201 1
?1T ~-.~'~.~1~:'1L' Coil
c~:,~- -t
__l _. - LL_ e~.~~.
C. Duty-Connected Court Appearance: A court or administrative appearance in
conjunction with services performed as a Woodburn Police Officer shall be considered time
worked, and any expenses associated with such appearances shall be reimbursed. Pay for court
or administrative appearances in conjunction with law enforcement services performed prior to
an officer's employment as a Woodburn Police Officer will be determined by the City on a case-
by-case basis. All witness fees, mileage allowance, and related remuneration paid to the
employee for such appearances shall be turned over to the City.
ARTICLE 13 -TIME OFF IN LIEU OF HOLIDAYS
A. Accrual: Employees will except as provided below for twelve (12) hour shifts accrue
8.67 hours per month for time off in lieu of holidays. For the purposes of accrual of time off in
lieu of holidays, a "month" shall be defined as including any month during which an employee is
actively working or is on vacation, holiday or other leaves of absence paid by the City. Time off
in lieu of holiday benefits do not accrue during periods that an employee is on layoff or unpaid
leaves of absence. In the event an employee is on layoff or unpaid leave for part of a month,
his/her holiday pay accrual will be credited for a full month, provided the employee has worked
during that month.
B. Time Off in Lieu of Holidays: Time off in lieu of holiday, which is taken by an
employee, will be charged to the nearest quarter (1 /4) hour, to the employee's accumulated
holiday time account. Employees may only accrue a maximum of one hundred twenty (120)
hours of time off in lieu of holidays. Employees will be allowed to carry over time off in lieu of
holidays to a maximum of one hundred twenty (120) hours from one fiscal year to another.
During any month in which a twelve (12) hour shift is implemented, all employees shall receive
thirteen (13) hours of time off in lieu of holiday for that month. Employees shall have their
holiday accumulation increased to one hundred fifty six (156) hours during the period of time in
which a twelve (12) hour shift is implemented. All employees actually working twelve (12) hour
shifts shall receive fifteen (15) hours of time off in lieu of holiday for that month. Such
employees shall have their holiday accumulation increased to one hundred eighty (180) hours
during the period of time in which a twelve (12) hour shift is implemented. The employee shall
be compensated in cash for all holiday time that is in excess of their allotted maximum annual
accrual at the conclusion of a three (3) month period ending quarterly. In the event the twelve
(12) hour shift is eliminated, employees over the maximum accumulation set forth in the
Collective Bargaining Agreement shall be entitled to carry over those hours until such time as
they have voluntarily reduced those hours to the amount set forth therein.
C. Utilization: Holiday time off that is taken in conjunction with a vacation pursuant to
Article 14 shall not be subjected to the following provisions: Requests for accrued holiday time
off shall be in writing and submitted to the on duty supervisor. Such requests shall be approved
or denied within one (1) business day of the date that the request is received by a supervisor.
Holiday time off requests shall not be accepted by the City during the vacation bidding process
under Article 14. The City shall not be required to approve a holiday time-off request if doing so
would require or result in inadequate coverage or the payment of overtime to another employee.
City of Woodburn & Woodburn Police Assn. Page 15
CBA Effective 2008-2011
D. Termination of Employment: Upon the termination, resignation or other break in
seniority of a regular, non-probationary employee, all earned but unused holiday time shall be
paid at his/her current wage rate.
ARTICLE 14 -VACATIONS
A. Accrual Rate: The accrual of vacation shall be as follows:
Length of Service 'Monthly Accrual Number of hours Maximum
Accrued Annually Accrual t
0-59 months
(0-4 years) '. 8 hours _ _
60-119 months
(5_9~ears)
'i 120-179 months
`(10-14 years)
180-239 months
(15-19 years)
240-299 months
11 hours
96 hours~~
-t- - -
II 132 hours
---- ,
192 hours
i
264 hours
13 hours 156 hours
14 hours 168 hours
16 hours
312 hours
336 hours
1192 hours 3 84 hours
1300 + months I I ~ ~
'~ (25 + years) ' 17 hours 1204 hours ' 408 hours. I
Vacation benefits shall be credited as earned for each month of service, in accordance with A,
above, except that vacation accrued during the first twelve (12) months of continuous service
shall not be credited as earned vacation until the employee completes the first twelve (12)
months of continuous service. For the purpose of vacation accrual ``month of service" shall be
defined as including any month during which an employee is actively working or is on vacation,
holiday or other leaves of absence paid by the City. Vacation benefits do not accrue during
periods that an employee is on layoff or unpaid leaves of absence. In the event an employee is on
layoff or unpaid leave for part of a month, his/her vacation will be credited for a full month,
provided the employee has worked during that month. For purposes of vacation accrual, the City
may credit laterally hired officers for their years of service worked at their prior agency.
B. Utilization: Any vacation accrued in excess of two (2) times an employee's annual
accrual will be forfeited, provided that in the event an employee is unable due to departmental
operational needs to take a vacation, he or she may request and be granted a waiver in writing so
as to allow for the accrual beyond the above maximum for a specified period. Such waiver
period shall normally not exceed four (4) months in duration.
1. Bidding under the Four-Twelve (4/12) Plan: When the Department is operating on a
four-twelve (4/12) plan, priority vacation bidding will take place on or around November
1st of each year with the posting of a team schedule. Bidding will be conducted within
City of Woodburn & Woodburn Police Assn. Page 16
CBA Effective 2008-2C `
~aTTACHNi~iVT . _ ~.
->~ ,
1st of each year with the posting of a team schedule. Bidding will be conducted within
each team on the basis of seniority, with the senior-most officer having the first vacation
choice. Employees shall be allotted eight (8) days in which to complete the seniority-
based vacation sign-up process and the City shall have fourteen (14) days after its
completion in which to approve or deny the vacation requests, and to accept alternative
vacation dates for those denied. During this process, bumping of bids by seniority will be
allowed. Once priority vacation bidding is completed, non-priority vacation and holiday
requests will be accepted on a first-come, first-served basis. Notwithstanding the above,
in the event the City implements a twelve (12) hour shift schedule, the City and
Association may agree to an alternative vacation bidding process. Any such agreement
will be confirmed in writing.
2. Bidding under the Five-Eight (5/8) Plan: When the Department is operating on a five-
eight (5/8) or four-ten (4/10) plan, priority vacation bidding will take place on or around
November 1st of each year. Each employee shall be allowed to sign up for one (1)
continuous vacation period for the ensuing shift bid year. The above-specified vacation
sign-up shall be conducted on the basis of seniority, with the most senior employee
having the first vacation choice. Employees shall indicate their first and second choice
for vacation dates on the bid. Employees shall be allotted eight (8) days in which to
complete the seniority-based vacation sign-up process and the City shall have fourteen
(14) days after its completion in which to approve or deny the vacation requests, and to
accept alternative vacation dates for those denied. During this process, bumping of bids
by seniority will be allowed.
All vacation shall be in increments of one (1) hour, or longer, Requests for vacation in
increments of more than two (2) days must be submitted at least ten (10) calendar days in
advance. Requests for vacation increments of two (2) or less days may be submitted at any time.
All vacation requests shall be approved or denied on afirst-request-received-has-priority basis
within three (3) business days of the day of receipt of the request, but not before the seniority
bidding process has been completed for the period in question. An employee may combine
his/her accumulated holiday time with vacation when scheduling vacation time off.
C. Cancellation of Vacation: In the event an employee is involuntarily required to work
during his/ her vacation, he/she shall receive overtime at the applicable rate for all time worked
during the scheduled vacation and shall have the option of receiving vacation pay for the time
involved (for a total of two-and-one-half times the regular hourly rate) or having the vacation
time reinstated to his/her vacation account for use at a later time. This section does not apply to
vacations of less than one (1) day.
In addition, if an employee's seniority-bid vacation is canceled by the City for reasons that are
not beyond the control of the City, and if the employee has made non-refundable deposits that
must thereby be forfeited, he/she shall be eligible for reimbursement subject to the following. At
the time of notification of vacation cancellation, which must be hand-delivered to the employee,
the employee must advise the City of the fact that certain non-refundable deposits may have been
made and the nature of those deposits. Within seventy-two (72j hours of receipt of the notice of
vacation cancellation, the employee must submit appropriate documentation to verify any non-
City of Woodburn & Woodburn Police Assn. Page 17
CBA Effective 2008-201 1
~u"` ~ ~ Ga
~J
refundable deposits. The provisions of this section shall not prevent an employee from
voluntarily canceling and/or rescheduling a vacation without the payment of a premium for the
time involved.
D. Conversion of Vacation: An employee may make a written request to convert
vacation into sick leave or bereavement leave in circumstances where this is justified. With the
Chief s approval, authorized vacation time may be converted to sick leave or bereavement leave
when the employee experiences a major illness or injury while on vacation or; while on vacation,
an event occurs in the employee's family where the employee would qualify for bereavement
leave.
E. Termination of Employment: Upon the termination, resignation or other break in
seniority of a regular, non-probationary employee, earned but unused vacation time shall be paid
at his/her current wage rate.
ARTICLE 15 -SICK LEAVE
A. Accrual: Sick leave with pay shall accrue at the rate of eight (8) hours, per month of
employment, to a maximum accrual of nine hundred sixty (960) hours. For the purpose of
accrual of paid sick leave benefits, a "month" shall be defined as including any month during
which an employee is actively working or is on vacation, holiday or other leaves of absence paid
by the City. Paid sick leave benefits do not accrue during periods that an employee is on layoff
or unpaid leaves of absence. In the event an employee is on layoff or unpaid leave for part of a
month, his/her sick leave accrual will be credited for a full month, provided the employee has
worked during that month.
B. Utilization: Sick leave shall be available for the following:
Personal Illness or Injuresthat is not Job-Related: Leave will be allowed only
when an employee is unable to work because of off-the-job injuries or illnesses,
excluding off-the-job injuries and illnesses resulting from outside employment,
approved pursuant to Article 9 of this Agreement.
2. Personal Illness or InjurX that is Job Related/Workers' Compensation: Sick leave
payments will also be made in coordination with the three (3) day waiting period
and weekly time-loss benefits for which the employee is eligible to receive from
the City's Workers' Compensation carrier, as appropriate, so as to equal his or her
regular net pay. When coordinated payments are made, the employee's sick leave
or other paid leave account will be charged apro-rata amount based upon the
relationship the payment bears to the employee's regular daily wage.
If an employee qualifies for Workers' Compensation time loss benefits and is
given alight-duty assignment, the employee shall suffer no loss of pay or benefits
and will be paid his/her regular pay while on light duty without deduction from
his/her sick leave bank in accordance with Article 16 Section E.
City of Woodburn & Woodburn Police Assn. Page 18
CBA Effective ?008-201 1
.._~g- ---~~--
Medical Appointments: Sick leave shall be utilized for medical appointments
that cannot reasonably be scheduled during off-duty time on an hour-for-hour
basis to the nearest quarter (1 /4) hour.
4. Family Illness or InjurX: When an employee must be absent from work because
of an illness or injury in the immediate family, time off shall be granted as
required to care for or arrange for alternative care and charged against sick leave
time. For the purpose of this Section, "immediate family is defined as husband,
wife, "domestic partner" as defined in Article 22, mother, father, grandparents,
children (including step-children), brother, sister, father-in-law, mother-in-law, or
other relative living in the employee's household. Paid vacation and/or holiday
leave may be used after sick leave is depleted.
C. Sick Leave Verification: The City may require an employee to submit verification of
eligibility for sick leave from an employee's doctor or health care professional as whenever the
employee's sick leave usage exceeds three (3) consecutive workdays or whenever the City has a
reasonable belief based upon objective and articulable facts that a misuse of sick leave has
occurred. Receipt of verification may be required as a condition of payment. In the event
verification is required, out-of-pocket costs billed by the doctor or health care professional to
obtain the necessary verification shall be paid by the City to the extent such costs are not covered
by insurance. Verification may be required for absences due to illnesses and injuries of the
employee and/or members of his/her immediate family, consistent with applicable law.
D. Limitations and General Conditions:
1. New Employees: Sick leave shall not be available for utilization until after the
first ninety (90) days of employment have been completed.
2. Notification: The employee shall notify his or her immediate supervisor in
accordance with procedures that may be established by such supervisor of the
need for sick leave as, soon as possible after his or her knowledge of the need.
3. Appearance in Court: If an employee is required to appear in court during their
scheduled shift on a day that the employee is off on sick leave, the employee
shall, notwithstanding the requirements of Article 11, Hours of Work, and Article
12, Overtime, not be eligible for extra pay for the first eight (8) hours of the court
appearance. An employee shall not be charged sick leave for the hours worked
pursuant to this section. If an employee is required to appear in court outside of
their scheduled shift they will be paid at the overtime rate in accordance with
Article 12.
4. Verification of Medical Limitations: Employees must be able to resume their
normal work duties upon return to work. A doctor's certificate verifying that the
employee is able to resume his or her essential work duties in a manner that does
not threaten his/her safety or the safety of others may be required. The City
City of Woodburn & Woodburn Police Assn. Page 19
CBA Effective 2008-2011
~~~ ~ ~~~'
reserves the right to require employees to submit verification of medical ability to
safely perform their job duties, as well as confirmation of the precise nature of
any limitations on an employee's ability to safely perform his/her job duties as a
condition of returning the employee to work.
E. Incentive Conversion: Any employee who accumulates eighty-eight (88) hours or more of
unused sick leave within the calendar year has the option to convert eight (8) hours of sick leave
into vacation leave as an incentive for low usage of sick leave.
ARTICLE 16 -OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS
A. Jury Duty: An employee shall continue to receive his/her regular salary for the period of
required services as a juror. All monies received for jury duty will be surrendered to the City.
Employees on jury duty shall be changed to a duty assignment commencing at 8:00 a.m. and
ending at 5:00 p.m. and shall not receive a paid lunch period for the time served on jury duty. In
addition, if the deliberations of the jury extend beyond 5:00 p.m., the employee shall not be
entitled to any overtime pay. Employees will report for work when less than a normal workday is
a ~,,.
rey~_: ~ : _. uc uty.
B. Votin Lg_eave: When an employee's work schedule is such that he/she would not be able
to vote prior to or after his/her normally scheduled working hours, he/she may be granted a
reasonable time off duty to vote without loss of pay or accrued vacation or sick leave.
C. Leave of Absence Without Pay: A regular employee may be granted leave of absence
without pay up to twelve (12) months when the work of the Department will not be handicapped
by his/her absence. Requests for such leaves must be in writing and must establish reasonable
justification for the approval by the City. Leaves of absence for longer than two (2) weeks must
be approved by the City Administrator.
D. Family Medical Leave: The City will comply with the Family Medical Leave Act
(FMLA) and Oregon Family Leave Act (OFLA). Employees who are absent from work for
FMLA or OFLA qualifying reasons, but who are not eligible to receive sick leave benefits will
be paid accrued holiday pay and/or vacation pay for their absences. In the event an employee
does not specify whether he/she prefers to utilize holiday or vacation pay, holiday pay shall be
utilized first, then vacation pay.
The employee shall continue to receive health, long-term disability and life insurance benefits
during the time the employee is on designated leave under the Family Medical Leave Act
(FMLA). Following the expiration of the FMLA entitlement period, health, long-term disability,
and life insurance benefits will continue to be paid by the City, provided that the employee
continues to have leave hours charged against their leave bank (sick, vacation, holiday).
E. Limited Duty Assignments: When an officer who is recovering from an injury or illness
compensable under Workers' Compensation is certified as fit for limited or light-duty but not full
City of Woodburn & Woodburn Police Assn. Page 20
CBA Effective 2008-~ ~l 1
~,T~.a,'~~~ii=NAT `Q
°~ - -~1- °g --~L~.__.
duty, the City shall provide light-duty employment subject to the following limitations and
conditions:
The maximum duration of such employment shall be six (6) months from date of
release unless the parties agree to extend the assignment.
2. Pay for such position shall be as follows:
a. The employee shall receive one hundred percent (100%) of his or her
regular rate including incentive pay, but not including pay for
premium assignments.
b. There shall be no charge to the employee's sick leave, holiday or
vacation pay banks for the time spent working in a limited-duty
capacity. Paid leave time, including sick leave, shall however,
continue to accrue and be available to employees while on a limited-
duty assignment. During the time an employee is on light-duty, sick
leave, holiday in lieu of pay and vacation pay will accrue at the
employee's regular rate. However, employees who utilize sick leave,
holiday or vacation pay during alight-duty assignment will be paid at
the rate applicable under Section E 2(a), above.
3. The City may assign an employee who is on a light-duty assignment to a different
shift without regard to seniority or shift bidding preferences. When it is practical
to do so, the City shall also modify the work schedule of limited-duty employees
so as to allow the employee to participate in physical therapy and attend medical
appointments.
4. There shall be a limit of two (2) full-time equivalent employee (FTE) placed on
light-duty. In the event more than one (1) employee is eligible to be placed in the
position, the City shall first offer such work to the employee whose injury or
illnesses occurred while on duty.
5. The officer must be able to work in the evidence room, take phone inquiries, and
conduct background checks/investigations by phone, do filing and perform
various other office tasks in order to qualify for the light-duty position.
6. The City may require a medical verification of the employee's ability to safely
perform the light-duty duties described in subsection 4, above, as a condition to
placing an employee in a light duty assignment. The City shall have the right to
obtain a second medical opinion at its own expense in order to verify any medical
opinion it has received from the employee's physician.
7. Light-duty work shall not he offered to an officer who is unable to perform his/her
regular job duties as a result of his/her misconduct.
City of Woodburn & Woodburn Police Assn. Page 21
CBA Effective 2008-201 1
~._~hG~ ff~~dC ~_
i'c:y3 GP ~_
8. Light-duty work may be offered to officers injured off-the-job or for medical
conditions, subject t4 Department approval.
F. Bereavement Leave:
In the event of a death in the employee's immediate family, an employee shall be
granted a leave of absence of up to five (5) consecutive days per occurrence
without loss of pay. The amount of bereavement leave granted (not to exceed five
(5) calendar days per occurrence) shall be reasonably appropriate and necessary
under all the circumstances.
2. Immediate family is defined as husband, wife, domestic partner, mother, father,
grandparents, child(ren), step-child(ren), brother, sister, father-in-law, mother-in-
law, or other relative living in the employee's household.
This leave shall be separate from sick leave and shall not accumulate from year to
year.
4. In the event of a death of a co-worker, employees may request and be granted
vacation leave or other mutually agreeable time off to attend the funeral. In
instances where the essential work of the City would be seriously handicapped by
the temporary absence of a group of employees in a division, the City may set a
reasonable limit on the number of employees that are to receive such leave.
G. Military heave: Military leave shall be granted in accordance with federal and state law.
ARTICLE 17- SALARIES
A. Appendix B: Salaries covered by this Agreement shall be in accordance with the
schedule set forth in Appendix A.
Effective July 1, 2008, wages shall be increased by three percent (3%) across-the-board.
Effective July 1, 2009, wages shall be increased by a percentage equal to the Portland CPI-W for
the previous calendar year, with a minimum three percent (3%) wage increase and a maximum
five percent (5%) wage increase.
Effective July 1, 2010, wages shall be increased by a percentage equal to the Portland CPI-W for
the previous calendar year, with a minimum three percent (3%) wage increase and a maximum
five percent (5%) wage increase.
Effective July 1, 2008, officers are eligible for a three percent (3%) longevity pay increase upon
completion of ten (10) years of uninterrupted service and achieving an advanced certification
through the State of Oregon Department of Public Safety Standards and Training (DPSST).
City of Woodburn & Woodburn Police Assn. Page 22
CBA Effective 2008-2011
B. DPSST Certification PaY: Employees shall receive the following pay for maintaining
intermediate and advanced certificates:
Police Officer Intermediate certificate (five percent (5%) monthly base salary)
Police Officer Advanced certificate (ten percent (10%) monthly base salary)
The City will continue to provide forty (40) hours of training per year. If possible, the City will
offer training that satisfies DPSST standards. In the event the City provided training does not
satisfy DPSST standards due to content or required hours, or in the event employees are not
available when City training is offered, training shall be obtained by the employee on
employee's own time and at employee's own expense. Such expenses shall not be reimbursed
by the City. Employees who fail to maintain their certification will be subject to demotion, or in
the event of loss of basic DPSST certification, termination.
C. Trainees: New employees who do not have Police certification shall be placed on the
trainee level until completion of six (6) months of service and then placed at Step I until
completion of the probationary period.
D. Step Advancement: Employees are eligible for Step advancement following completion
of twelve (12) months of service at the prior Step, subject to Department approval and the salary
schedule.
E. Denial of Step: If a Step advancement as provided for in Section D of this Article is to
be denied, the employee shall be given notice of such denial in writing. The notice of denial must
also state the reason for the step denial and, where applicable, specify the standards that must be
achieved before the step increase will be granted.
ARTICLE 18 -PREMIUM PAY
Employees are eligible for the following premium pay:
A. Motoreycle Patrol Premium: Any employee assigned as a motorcycle officer shall
receive pay equal to five percent (5%) of his/her base pay while so assigned.
B. SWAT Team Premium: Any officer belonging to the SWAT Team or its equivalent
shall receive, as hazard pay, an amount equal to ten percent (10°l0) of his/her base pay for all
hours worked in a SWAT Team call-out or incident. (Excludes training and report writing.)
C. Field Trainin Officer FTOLPremium: Officers appointed by the Chief or designee as
FTO shall receive a premium of five percent (5%) for all hours actively engaged in FTO duties.
D. Spanish Incentive and Russian Incentive: Any employee demonstrating written and
oral proficiency in the Spanish or Russian languages shall receive, in addition to his/her regular
pay, a seven percent (7%) premium. The City is to determine the level of proficiency required
and the manner of testing that proficiency. Newly hired officers shall be eligible to receive
City of Woodburn & Woodburn Police Assn. Page 23
CBA Effective 2008-2011
and the manner of testing that proficiency. Newly hired officers shall be eligible to receive
language incentive pay upon completion of the Field Training and Evaluation Program (FTEP).
Testing for language skills shall not be unreasonably delayed. An employee whose oral or
written skills are not sufficient to pass the test but whose skills are deemed sufficient to utilize on
the street shall receive an additional two and one-half percent (2.5%) of base pay. Sufficiency
shall be determined by the Chief or his designee.
E. Detectives: Effective January 1, 2006, employees regularly assigned as Detectives
shall receive an additional five percent (5%) of monthly base pay.
F. Employees regularly assigned full-time as School Resource Officers or regularly assigned
full-time to the Community Response Team shall receive a monthly amount equal to five percent
(5%) of the base pay for each month so assigned.
G. Premium Pay Limitation. Other than SWAT callouts, no employee shall receive
compensation for more than two types of premium pay simultaneously.
ARTICLE 19 -EXPENSES
A. City Travel: Employees will be allowed use of a City vehicle, if available, as needed,
to conduct City business or for approved trainings. When an employee is permitted by their
supervisor to use a personal vehicle to travel, they shall be compensated at the rate of 37.5 cents
per mile.
B. Reimbursements: When an employee is on an authorized City duty trip or training, the
employee will furnish receipts for expenses according to the City Personnel Policies and
Procedures Manual. Employees may elect to receive an advance payment for meals in the
amount set forth in the Federal Government travel reimbursement guidelines.
Receipts not totaling a minimum of $20 will be held until the $20 minimum is reached or paid
quarterly.
ARTICLE 20 -CLOTHING AND UNIFORM
If an employee is required to wear a uniform, the City shall furnish such uniform to the
employee. The City shall pay the cost of the uniform. For sworn employees, the uniform shall
include body armor, leather, weapon and other such equipment as issued by the Department. The
City may approve alternative weapons and leather, or equivalent, which the employee shall
provide at his/her own expense. Body armor shall be replaced in accordance with the
manufacture's recommendation. "the City shall replace all irreparably damaged or stolen
equipment issued to employees.
The City will provide a clothing allowance for employees while assigned to plain clothes duty,
nn an actual reimbursement basis, not to exceed $150 per quarter.
Citv of Woodburn & Woodburn Police Assn. Page 24
CBA Effective ?008-2011
I~a c ~ c,f -~.LZ____
ARTICLE 21 -MANDATORY TRAINING
A. Training Defined: The kinds of training that may be conducted pursuant to the
provisions of this Article shall include such activities as DPSST approved classes, college-level
instruction, firearms qualification, and instruction as to departmental methods or procedures.
The City agrees to meet and confer with the Association with respect to the selection and
scheduling of mandatory training activities.
B. Cost of Training: The City shall pay all costs of mandatory training.
C. Pay for Training: Notwithstanding other provisions of this Agreement and to the extent
permitted by law, the City shall have the right to pay employees at their straight-time hourly rate
for training activities that the employee is required to attend which do not fall within the
employee's regularly scheduled hours of work. This equates to clcven (11) hours per month on a
forty (40) hour work week, or as allowed by FLSA.
D. Scheduling of Training: The City may alter the regular shift schedules to enable an
employee to attend non-mandatory training outside his/her regular work schedule without
incurring overtime obligations for that employee, as a condition of approving attendance at such
training. Shift changes for that employee are not subject to advance notice of shift scheduling.
Employees attending non-mandatory training will, however, be given at least eight (8) hours off
duty between shifts.
Also, when a particular class or training activity is to be offered at two or more different times,
and when there is a choice between scheduling an employee to attend the training during his/her
regular work hours or outside his/her regular work hours, the employee shall, to the extent
permitted by the City's reasonable operating needs, be scheduled to participate in the training
during his/her regular work hours.
E. Firearms Qualification: The City shall schedule not less than six (6) opportunities for
each officer to practice shooting his/her firearm each year. Not less than one hundred (100)
rounds per participant shall be provided for each such opportunity. Included within the above-
specified six (6) opportunities shall be not less than four (4) qualifications.
ARTICLE 22 -HEALTH INSURANCE AND OTHER BEiS'EFITS
A. Medical: The City shall continue to provide the existing League of Oregon Cities
Plan V - PPO $100 deductible, with well baby coverage, or substantially equivalent benefits
under alternative medical insurance plan for all employees and their enrolled dependents.
Effective January 1, ?006, the premium insurance premium share will be ninety-five percent
(9~%) employer paid and five percent (5%) employee paid for the current Plan V coverage. The
City of Woodburn & Woodburn Police Assn. Page 25
CBA Effective 2008-201 1
l-~~C~Gi-iFJ~~NT U
gaga ~f -~._~
City also agrees to offer a Kaiser option, (Kaiser Medical Plan B and Vis RX B), with 100%
premium by employer.
B. Vision: The City shall continue to provide the existing League of Oregon Cities UCR,
or an equivalent (in the aggregate) alternative vision plan for all employees and then-enrolled
dependents.
C. Dental: The City shall continue to provide the existing or an equivalent (in the
aggregate) dental insurance plan for all employees and their enrolled dependents.
D. Life Insurance: For the duration of this Agreement, the City shall provide the
following:
1. Effective 12/ 1 /O5, a life insurance policy equivalent to current base wage with
twenty-four (24) hour term life and accidental death and dismemberment policy.
2. A $10,000 on-duty life policy is in addition to the above.
A $1,000 twenty-four (24) hour life double-indemnity accidental death and
dismemberment policy.
E. Domestic Partners: For purposes of this Article, where insurance benefits are extended
to "spouses," domestic partner shall be considered a spouse. A domestic partner is defined as an
individual of the same sex as the employee who lives with the employee and has fulfilled the
requirements contained in and completed the "Affidavit of Domestic Partnership" form which is
available from Human resources. Domestic partners that have fulfilled the requirements set forth
in this form will be eligible for all benefit insurance options available to "spouses" as limited by
carrier contracts. Employees are obligated to promptly notify the Chief of Police when domestic
relationships begin and end.
F. Retirement: PERS -During the life of this Agreement, the City agrees to continue to
participate ; n the Public Employees' Retirement System, which includes crediting of
accumulated sick leave toward improved retirement benefits. Effective October 1, 2008, the City
shall pick up, assume, or pay the employee's contribution required by law to PERS subject to the
Oregon Administrative Rules pursuant to PERS statutes.
OPSRP -During the life of this Agreement, the City agrees to continue to participate in the
Oregon Public Services Retirement Plan (OPSRP) for eligible employees. Effective October 1,
2008, the City shall pick up, assume, or pay the employee's contribution required by law to
OPSRP statutes.
To the extent permitted by Section 414(H-2) of the Internal Revenue Service Code, employee
payroll deductions towards the cost of retirement shall be made on apre-taxable income basis.
City of Woodburn & Woodburn Police Assn. Page 26
CBA Effective 2008- ?0l 1
/ i T~.~ift~EE~ i _~
f%rr ~•
r, ~_____
G. Long Term Disability Insurance: Effective
to 2/3 base salary. Like current practice for Sergeants
employees upon request.
12/1/05, employer will pay LTD to equate
. Plan description to be provided to
ARTICLE 23 -PERSONNEL FILE
A. File Review: Each employee shall have the right, upon request, to review and obtain at
his/her own expense, copies of the contents of his/her personnel file, exclusive of materials
received prior to the date of his/her employment by the City.
B. Removal: Letters of warning, upon request of the employee shall be removed from an
employee's personnel file at the end of twelve (12) months from the date the letter of warning
was issued, provided there are not subsequent concerns of a similar nature or disciplinary action
related to similar conduct during the intervening period of time. Written reprimands, upon
request of the employee, shall be removed from an employee's personnel file at the end of three
(3) years from the date the written reprimand was issued, provided there are not subsequent
concerns of a similar nature or disciplinary action related to similar conduct during the
intervening period of time. All other disciplinary documents shall become a permanent record in
the personnel file.
Documents removed from an employee's personnel file as a result of an employee request will
be placed in a confidential file maintained by the Chief of Police. Such documents will not be
used against an employee for the purpose of establishing progressive discipline, but may be used
in any arbitration and civil proceeding for the purpose of establishing consistency of disciplinary
action, lack of discrimination, the existence of mitigating circumstances and compliance with
legal obligations.
C. File Additions: Each employee shall have the right to read and sign any written material
of an evaluative nature that is placed in his/her personnel file. This includes merit ratings, written
reprimands, demotions, suspensions, or discharge. Any employee may respond in writing to any
item placed in such personnel file, and said response shall become a part of said file.
D. Evaluations. Letters of Warning shall not be referenced in evaluations. However,
nothing in this Article shall restrict the ability of the Department to evaluate employees based
upon performance.
ARTICLE 24 -PROBATIONARY PERIODS
Probationary periods shall apply to both new employees and employees having received a
promotion. The probationary period shall be eighteen (18) months for all employees new to the
Department; however, when a laterally hired, experienced and police-certified new hire is hired
above the Step 1 rate, such officer's probationary period shall be twelve (12) months following
completion of the fourteen (14) workday orientation period. New laterals will be eligible for
City of Woodburn & Woodburn Police Assn. Page 27
CBA Effective 2008-201 1
L.S ~if'tvk'{c'.~Cr_ ~ P __
Fa~~ ~ u~ _ -_..
- ----1~1--~-
premium pay under Article 18 after completion of FTEP. Employees promoted to a higher
classification shall serve a twelve (12) month probationary period. At or prior to the completion
of the probationary period, a new employee may be discharged and a promoted employee may be
restored to his/her former classification without any reason, justification, or cause being shown.
New employees who are certified and have prior experience may be hired above the Step I rate.
An employee so hired shall be eligible for advancement to the next step on the salary schedule
after completion of probation. Probation may be extended for a maximum period of six months.
The City reserves the right to negotiate directly with potential lateral hires as to expenses to
cover the costs of changing agencies.
ARTICLE 25 -DISCIPLINARY ACTIONS AND PROCEDURES
No regular employee shall be disciplined without just cause and due process. For purposes of this
Article, "just cause" shall require that no employee shall receive a written reprimand, be
suspended without pay or terminated without just cause. If a question as to just cause exists, it
may be resolved by submission to binding arbitration pursuant to the provision of Article 27.
The City acknowledges the right of the employee to request a representative of the Association
to be present at any interview where the employee reasonably believes that discipline may result
from the interview.
A. Forms of discipline include: Written reprimand; suspension; reassignments or
demotions (which would result in a reduction of wage rate and are attributable to misconduct,
violation of policies or procedures or noncompliance with standards) and termination. Discipline
for regular employees will normally be progressive, however, any level of discipline may be
imposed based on the totality of circumstances and just cause.
Forms of evaluation and counseling, including verbal warnings reduced to writing and letters of
warning are not considered to be discipline and are not subject to the grievance and arbitration
procedures set forth in Article 28. These are less formal means of addressing concerns related to
performance, daily operations and compliance with departmental standards and expectations.
Such forms of counseling may serve as evidence for future disciplinary action and may be
referenced in such disciplinary actions. Verbal warnings will not be placed in an employee's
personnel file, but may be maintained in supervisory or evaluation files to be reviewed and
purged, if the concern noted in the verbal warning was addressed and corrected to the satisfaction
of the City. Nothing in this Article shall be construed to prevent or inhibit the Chief of Police or
superior officers from discussing and addressing matters pertaining to the operational needs and
standards of the department with employees.
B. Due Process: In the event an employee is under investigation for potential violation of
policy or procedures, noncompliance with Departmental Standards or misconduct which could
reasonably lead to "discipline" as defined in Section A, above, the employee will be granted the
following procedural rights:
City of Woodburn & Woodburn Police Assn. Page 28
CBA Effective 2008-2011
1. Disciplinary Interviews and Notice: The employee and a member of the
Association's Executive Board will be given forty-eight (48) hours advance
written notice of intent to interview, except in situations where exigent
circumstances exist to justify lack of notice (such as controlled substance
concerns, etc.) Notice to the employee will generally be hand delivered. Notice to
a member of the Executive Board may be made electronically. The notice will
include: the general nature of the allegation(s) or concern(s) prompting the
interview; the policies and/or standards potentially violated; and a reminder of
his/her right to consult with an Association representative and to have such a
representative present during the interview. This notice is not however, required
under circumstances of an investigation involving alleged criminal conduct.
2. Interviews shall take place on City premises or elsewhere upon mutual agreement,
unless an emergency, or special circumstances, exist to justify conducting the
interview elsewhere.
3. The City shall make a reasonable good faith effort to conduct employee
interviews during the employee's regular working hours, except for emergencies
or where interviews can be conducted by telephone.
4. In anon-criminal investigation, the employee may be required to answer any
questions reasonably related to the subject matter under investigation. The
employee may be disciplined for refusing to answer such questions. In an
investigation involving potential criminal conduct, employees who are required to
answer questions related to the potential criminal conduct will be issued a
"Garrity" notice in writing. Such notice will advise the employee that he/she is
required to answer questions related to the potential criminal conduct and will be
subject to discipline for failure to do so. The notice will further advise the
employee that the answers provided in response to this directive will not be used
in a subsequent criminal proceeding.
5. In situations involving the use of deadly force, the employee shall be afforded
reasonable opportunity to consult with an Association representative or attorney
prior to being required to give an oral or written statement about the use of such
deadly force.
6. The employee shall be entitled to such reasonable intermissions as the employee
shall request for personal necessities.
7. All interviews shall be limited in scope to activities, circumstances, events,
conduct or acts which pertain to the incident(s) which are the subject of the
investigation. Nothing in this Section shall prohibit the City from questioning the
employee about information which is developed during the course of the
interview or information related to the employee's understanding of the rule or
standard in question and mitigating or aggravating factors.
City of Woodburn & Woodburn Police Assn. Page 29
CBA Effective 2008-2011
If the City or Association tape records the interview, a copy of the complete
interview of the employee, noting all recess periods, shall be furnished, upon
request, to either party. If the interviewed employee is subsequently notified of
potential discipline and any part of any recording is transcribed by the City, the
employee shall be given a copy of the tape prior to his/her due process hearing.
9. Investigations shall be conducted with no unreasonable delay. Disciplinary
interviews and grievance procedure meetings will not be delayed to assure an
employee's choice of a particular Association representative, unless the City has
agreed.
10. Lie Detector Tests: No employee will be compelled to provide polygraph or
voice stress tests.
Verbal warnings and letters of warning shall not be considered disciplinary actions and shall not
be subject to the provisions of this Article.
C. Pre-Disciplinary Loudermill Hearings: Prior to any discipline being imposed, the
employee shall be given the opportunity to meet with the Chief of Police or his designee,
personally or through an Association representative or attorney, to provide additional evidence
and/or mitigating circumstances related to the disciplinary action being considered. The City will
provide reasonable advance notice of the meeting and will respond to requests for information
related to the conduct leading to the proposed disciplinary action, including requests for copies
of investigation documents, witness statements, tape recordings and other information relied
upon as a basis for the proposed disciplinary action within a reasonable period prior to the
meeting, consistent with PECBA and due process obligations. The City agrees not to decide on
the discipline to be imposed on the employee until after such a meeting.
D. Imposir~ Discipline: Any employee being disciplined will be given official written
notice of the discipline being imposed, including a summary of the factual conclusions; the
policy, procedures, standards violated and/or misconduct that occurred.
The employee and/or Association representative shall, upon request, be furnished with a copy of
the investigation including all witness statements, tape recordings and other materials collected
by the City to impose the discipline.
The City agrees to provide notice of intent not to discipline within a reasonable period, which
shall not generally exceed thirty (30) days from the date the investigation commenced. The City
may extend this period beyond thirty (30) days, depending on the complexity of the issues,
delays in collecting necessary information and scheduling witnesses for interviews, etc., as
necessary to complete the investigation.
E. Personnel Files: Disciplinary actions will be placed in employee personnel files and
removed from such files in accordance with Article 23 of this Agreement.
City of Woodburn & Woodburn Police Assn. Page 30
CBA Effective 2008-201 1
F. Officer Involved Shootings: The Department agrees to comply with the procedure for
officer involved shootings, attached to this Agreement as Appendix B.
ARTICLE 26 -FUNDING
The parties to this Agreement recognize that revenue needed to fund this Agreement must be
approved annually by established budget procedures and, in certain circumstances, by a vote of
the citizens of the City of Woodburn. All compensation provided for by this Agreement is
therefore contingent upon sources of revenue, and where applicable, budget committee and voter
approval. The City will not reduce the compensation specified in this Agreement, because of
budgetary limitations. The City agrees to include in its annual budget request amounts sufficient
to fund the compensation provided in this Agreement. In the event that the City does not receive
the required budget committee or voter approval needed to fund the annual budget, the parties
agree to meet to seek possible alternatives to layoff and service reductions.
ARTICLE 27- SUBSTANCE ABUSE POLICY
The Woodburn Police Department implements the following Substance Abuse Policy to become
effective upon execution of the Agreement:
A. Purpose:
1. It is the policy of this Department that the critical mission of law enforcement
services justifies maintenance of an alcohol and drug-free work environment through the
use of a reasonable employee drug testing program and the enforcement of rules
prohibiting the consumption of alcohol or use of drugs which interferes with this mission.
2. The law enforcement profession has several uniquely compelling interests that
justify the use of employee alcohol and drug testing and other reasonable restrictions
designed to produce an alcohol and drug-free working environment. The public has a
right to expect that those who are sworn to protect them are at all times both physically
and mentally prepared to assume these duties.
3. Therefore, in order to ensure the integrity of the Department and to preserve
public trust and confidence in a fit and alcohol/drug-free law enforcement profession, this
Department has adopted the following rules and procedures:
B. Applicant Drug Testing:
1. Applicants for employment in the Department shall be required to take a drug test
as a condition of employment during apost-offer/pre-work medical examination.
2. Applicants shall be disqualified from further consideration for employment under
the following circumstances:
City of Woodburn & Woodburn Police Assn. Page 31
CBA Effective 2008-2011
-;,-~~- -. ~ G
f-~~~ .~~~~ __ ~ia_
a. Refusal to submit to a required drug test, or
b. A confirmed positive drug test indicating drug use prohibited by this
policy.
C. Prohibited Conduct:
The following conduct is strictly prohibited:
1. Buying, selling consuming distributing or possessing drugs or alcohol during
working hours, including rest and meal periods, except in conjunction with the
performance of work duties (confiscated evidence, approved undercover operations, etc.)
2. Reporting for work or returning to duty under the influence of alcohol or drugs. For
the purposes of this policy, an employee is considered to be "under the influence" of
alcohol if his/her alcohol concentration is .02 BAC or more. Alcohol concentration
levels measuring less than .02 BAC are considered a negative test result. An employee is
considered to be "under the influence" of drugs, if the employee tests positive for having
such substances present in his/her body.
In no event will an employee consume any kind of alcoholic beverages within four (4)
hours of the time he/she is scheduled to report for work. Where an employee is subject to
call-out and he/she has consumed alcoholic beverages within the preceding eight-hour
period, the employee shall be required to advise his or her supervisor of that fact, the
amount and when the alcohol was consumed.
3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol
or drug-related criminal offense to the Chief of Police or his/her designee, irrespective of
the jurisdiction where such action was taken.
4. Failing to comply with Department directives regarding enforcement of this
Policy, including but not limited to refusing to promptly submit to required testing;
giving false, diluted or altered samples; obstructing the testing process; failing to comply
with rehabilitation conditions imposed by the Department or rehabilitation counselors
pursuant to Article VII of this Policy.
5. Failure to disclose use of over-the-counter or prescribed medication containing
controlled substance, as required by Section D, below.
For the purpose of this Policy, "drugs" includes, but is not limited to the following controlled
substances: opiates, cocaine, marijuana (THC), phencyclinide (PCP), amphetamines/
methamphetamines and barbiturates. However, "drugs" does not include prescription and over-
the-counter medications that are lawfully prescribed and used in a manner consistent with a
physician's instructions and/or medication warnings.
City of Woodburn & Woodburn Police Assn. Page 32
CBA Effective 2008-2011
r«
Gch;; ~ of t~.-
Employees who engage in any prohibited conduct will be subject to discipline, including
discharge.
D. Disclosure of Medications:
Employees are responsible for consulting with their physicians and carefully reviewing
medication warnings, including any warnings pertinent to the effects of use of a combination of
medications. Employees who are using over-the-counter or prescribed medications which have
any reported side effects that could reasonably affect their ability to safely perform all essential
job duties must notify their supervisor of the substance taken and its side effects before reporting
for work. Medical verification of ability to safely perform job duties may be required before the
employee is allowed to continue his/her job assignment. Employees are eligible to utilize sick
leave benefits pending receipt of acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances
which could reasonably impair the safe performance of essential job duties; illegally obtaining
the substance or use which is inconsistent with prescriptions or labels will subject an employee
to disciplinary action.
E. Employee Testing:
Employees will be required to undergo drug and/or alcohol testing as a condition of continued
employment in order to ascertain prohibited drug use, as provided below:
1. Reasonable Sus ip cion. A supervisor may order an employee to immediately
submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the
City has reasonable suspicion to believe that the employee has violated the provisions of
this Policy concerning reporting to work or being at work "under the influence" of drugs
or alcohol.
"Reasonable suspicion" shall be defined as suspicion based on articulated observations
concerning the appearance, unusual behavior, speech, breath odor, body symptoms or
other reliable indicators that an employee has consumed drugs and/or alcohol in violation
of this Policy.
2. Special Assignments. A drug test shall be considered as a condition of placement
in special assignments within the Department and shall be administered prior to such
assignment where testing is required by the District Attorney. Such assignments will not
be used as a pretense for other types of drug testing.
3. Random. During the one year period, 25% of all persons covered by this Policy
shall be randomly tested for drugs during unannounced times.
a. The Chief of Police shall determine the timing of such tests.
City of Woodburn & Woodburn Police Assn. Page 33
CBA Effective ?008-?01 l
b. Employee's will be randomly selected from a pool of employee
identification numbers by the Association President, and witnessed by the
Chief of Police.
Individuals selected for random testing shall be notified the day the test is
scheduled, preferably within two hours of the scheduled testing.
In the event the random testing of any employee is deferred because that
employee is in a leave status (sick, vacation, parental leave, etc.) or on
duty related travel status away from the City, that employee's test may be
deferred. However, any individual whose test is deferred shall be subject
to an unannounced test at any time within the following ninety (9Q) days.
e. Rehabilitation Treatment. Where testing is required pursuant to
Rehabilitation and Return to Work Agreement impaled by the City or an
employee's rehabilitation counselors, individualized suspicionless testing
may be required as outlined in that Agreement.
Urinalysis testing will be conducted for all types of drug testing and breathalyzer testing
will be conducted for all types of alcohol testing.
F. Testing Procedures:
1. All testing will be conducted at a laboratory certified by the federal DOT and shall
be conducted in accordance with the standards for procedural safeguards and testing
integrity disseminated by the NIDA. All drug tests will be conducted through collection
of a split sample. All positive drug tests will be confirmed by a second cross confirmatory
test from the same sample using GCMS testing methodology and reviewed by a Medical
Review Officer before the test result is reported as positive.
2. The other sample shall remain at the testing facility in frozen storage for a minimum
of 90 days from the date the test was conducted. This sample shall be made available to
the employee or his attorney, should the original sample result in a legal dispute or the
chain of custody be broken.
3. Whenever there is a reason to believe that the employee may have altered or
substituted the specimen to be provided or the initial test was not determinative, a second
specimen may be obtained immediately, using testing procedures deemed appropriate by
the testing laboratory personnel.
4. If the confirmatory test is positive for the presence of a controlled substance, the
employee will have the option of submitting the split untested sample to a qualified and
certified laboratory of the employee's own choosing.
City of Woodburn & Woodburn Police Assn. Page 34
CBA Effective 2008-2011
cJ:
. • _.
J 3 ~:._ _..~-tb._
5. All records pertaining to department required drug and alcohol tests, as well as
compliance with rehabilitation terms shall remain confidential, and shall not be released,
except on a need to know basis, in accordance with applicable law. All documents
pertaining to testing and test results will be maintained in employee medical, not
personnel, files.
G. Searches:
The City reserves the right to conduct searches of City equipment or facilities generally, and may
search any area or item of City property directly connected to the Department's operation, as
well as personal property brought onto City property (such as desks, files, lockers, cabinets,
etc.), consistent with applicable law. Personal property, such as brief cases, lunch boxes, etc.
brought onto City property, as well as lockers, may be searched when the City has reasonable
suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may be found.
Prior to a search, notice will be given to the employee, who may elect to be present with an
Association representative, if such presence does not delay the search in excess of forty-five (45)
minutes.
H. Consequences of Violations:
1. Employees who Report Dependencies and Seek Assistance before Committing
Policy Violation -Rehabilitation.
The City encourages employees who have drug and/or alcohol dependencies or think they
may have such dependencies to seek assistance voluntarily. When an employee
voluntarily reports a drug or alcohol dependency to the Chief or his/her designee and
seeks assistance before violating this Policy, that employee will be placed on a leave of
absence or adjusted working hours to allow for in-patient or out-patient rehabilitation
treatment as recommended by a Substance Abuse Professional (SAP).
The employee will not be permitted to work until such time as a Substance Abuse
Professional agrees he/she:
a. Has been evaluated by a Substance Abuse Professional (SAP);
b. If recommended by the SAP, has complied with all rehabilitation/after-
care prescribed; and
c. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee seeking assistance must agree to all
treatment, rehabilitation, after-care and follow-up testing as set forth in a written
Rehabilitation and Return to Work Agreement required by the City. Any employee who
violates the terms of the Agreement is subject to immediate termination.
City of Woodburn & Woodburn Police Assn. Page 35
CBA Effective 2008-201 1
ATT;u,G~~~:4~fJT ~_
The time an employee is off work undergoing rehabilitation is unpaid. However,
employees may draw their unused, accumulated sick leave, and/or vacation pay, holiday
and compensatory time. Also, employees who are receiving health insurance coverage
will be eligible for continuation of health insurance benefits with standard City
contributions as required by the Family Medical Leave Act.
2. Employees who Report Dependencies and Seek Treatment after Committing a
Policy Violation.
Employees who notify the City of drug or alcohol dependencies after violating this
Policy are subject to discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo evaluation and
rehabilitation in lieu of discharge, provided the employee promptly complies with the
terms and conditions set forth in Section H1, above. The City will consider the following
factors in exercising its discretion: the employee's length of service; the employee's
work record, in particular, whether the employee has committed a previous alcohol or
drug policy infraction; the consequences of the violation; any other circumstances offered
by the employee that mitigates against discharge.
It is understood and agreed that the references to discipline and discharge set forth in this
Policy and the Rehabilitation and Return to Work Agreement are not intended to
supercede "just cause" requirements.
Revision and Repeal of Prior Policies:
Former General Order No. 1, adopted September 7, 1999 is revised and replaced by this
Addendum as it pertains to employees of the Woodburn Police Department.
ARTICLE 28 -GRIEVANCE PROCEDURE
A. Definition: A grievance for the purpose of this Agreement is defined as an alleged
violation ol~ this Agreement.
B. Time Limits: The time limits set forth in this Article shall be modified only by written
agreement signed by the Association and the City. Failure by the City to respond within a
specified time limit shall constitute rejection of the grievance at that step and thereby allow the
Association to proceed to the next step within the applicable time limit. Failure by the
Association to file a grievance or proceed to the next step within the time limit specified in each
step shall constitute termination of the grievance.
For the purpose of this Article, all references to ``day" or "days" shall mean business days.
C. Procedure: In an effort to provide for a peaceful procedure for resolution of disputes,
the parties agree to the following grievance procedure:
City of Woodburn & Woodburn Police Assn. Page 36
CBA Effective 2008-2~ ~ 1
Step 1- Immediate Supervisor: The employee or the Association shall submit the
grievance in writing to the most immediate supervisor outside the bargaining unit within
fifteen (15) days from the occurrence thereof or the employee's knowledge thereof. The
written grievance shall include: 1) a statement of the specific City action or lack of action
which is the cause of the grievance; 2) specific provision(s) of the contract by Article and
Section(s) violated; and 3) remedy sought. The supervisor shall make a written response
to the grievance within ten (10) days.
Step 2 -Chief of Police: If the grievance is not resolved in Step 1, the grievance
shall appealed to the Chief within ten (10) days of the date the response was received
from the employee's immediate supervisor or within ten (10) days of the date that the
response was due if no timely response was received. All appeals must be made in
writing. The immediate supervisor shall forward to the Chief all materials submitted and
received regarding the grievance. The Chief or his designee shall review the materials,
conduct interviews and/or meet with Association representatives as deemed necessary
and shall issue a written response no later than ten (10) days from the date of receipt of
the written appeal.
Step 3 -City Administrator: If the grievance remains unresolved, the grievance shall be
submitted in writing within ten (10) days of the date of the response was received, or
within ten (10) days of the date that the response was due if no timely response is
received, to the City Administrator by forwarding a copy of all materials submitted or
received at all prior steps to the City Administrator with a cover letter specifying that the
matter is being pursued to the second step. The City Administrator and his/her designee
shall meet with the Association within ten (10) days of receipt of the grievance and shall
make a written response to the grievance within ten (10) days of the meeting.
Step 4 -Arbitration: If the grievance is not resolved, it may be submitted within fifteen
(15) days of the date the response was received, or within fifteen (15) days of the date
that the response was due if no timely response was received, to the arbitrator in the
following manner.
1. The Association shall serve written notice to the City Administrator of
intent to arbitrate and on the same date request a fist of five (5) names
from the Employment Relations Board (ERB). Within seven (7) days of
receipt of the list, the parties shall alternately strike one (1) name from the
list, until only one (1) is left. The one (1) remaining shall be the arbitrator.
2. The arbitrator shall render a written decision within a reasonable time. The
powers of the arbitrator shall be limited to interpreting this Agreement and
determining if it has been violated. The arbitrator shall not have the
authority to alter, modify, add to, or detract from the terms of this
Agreement. The decision of the arbitrator, provided it is within the scope
of this Agreement, shall be final and binding on both parties.
City of Woodburn & Woodburn Police Assn. Page 37
CBA Effective 2008-2011
~CiJ.^'. JA l78
Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties.
However, each party shall be completely responsible for the cost of preparing and presenting its
own case, including compensating its own representatives and witnesses. If either party desires a
record of the proceedings, it shall solely bear the cost of producing such a record.
For the purpose of this Article, all references to "day" or "days" shall mean business days
(Monday through Friday, excluding holidays.)
ARTICLE 29 -SAVINGS CLAUSE
Should any Article, or portion thereof, of this Agreement be held unlawful or unenforceable by
any court of competent jurisdiction, such decision of the court shall apply only to the specific
Article or portion thereof, directly specified in the decision. Upon the issuance of such a
decision, the parties agree to negotiate a substitute if possible, for the invalidated Article or
portion thereof.
ARTICLE 30 -TERM OF AGREEMENT
This Agreement shall be effective upon the date of signing. The terms and conditions of the
Agreement shall remain in full force and effect through June 30, 2011, and shall also remain in
effect through any negotiations for a successor Agreement. This Agreement shall not be
modified in whole or in part by the parties except by instrument, in writing, duly executed by
both parties.
Executed this day of , 2008.
FOR THE CITY
Signature
FOR THE ASSOCIATION
Signature
Title
Date
City of Woodburn & Woodburn Police Assn.
CBA Effective 2008-2011
Title
Date
Page 38
Effective July 1, 2008:
Step 1
Trainee 3,689
Police Officer 3,866
w/Intermediate 4,059
w/Advanced 4,253
APPENDIX A
WAGES
Step 2 Step 3 Step 4 Step 5
4,072 4,263 4,489 4,695
4,276 4,476 4,713 4,930
4,479 4,690 4,938 5,164
City of Woodburn & Woodburn Police Assn. Page 39
CBA Effective 2008-201 1
~~^r? ~~c
ee. ~ //'~~
- 4~
APPENDIX B
OFFICER INVOLVED SHOOTING PROCEDURE
The Woodburn Police Association agrees with the Woodburn Police Department, that the
following procedure will be followed in the majority of officer-involved shootings. "Involved
officer" is defined as an officer who fired a weapon or made the decision to fire a weapon. Mere
observers are not "involved officers."
The procedure, in chronological order, is as follows:
1. The involved officer(s) will be allowed to contact their family members regarding
the incident.
2. The Woodburn Police Department will immediately remove/obtain clothing,
weapons and gun leather from the shooting officer(s). The Woodburn Police
Department will provide the involved officer(s) with a replacement weapon
pursuant to Woodburn Police Department policy.
3. The involved officer(s) will be allowed to consult with the union attorney (via
phone) regarding the issue of a blood/urine draw.
4. After consultation, the involved officer(s) will notify the Woodburn Police
Department concerning their consent to the blood/urine draw.
5. If consent is provided, the Woodburn Police Department will arrange and conduct
the blood/urine draw without any interrogation or questioning.
6. After the blood/urine draw, the involved officer(s) will be afforded an opportunity
to view the scene. The viewing of the scene will not interfere with the integrity of
the crime scene investigation. The involved officer(s) may view the scene
accompanied by his/her union attorney if he/she desires.
7. After viewing of the scene and an opportunity to consult with the union attorney,
the involved officer(s) will provide a preliminary statement. A preliminary
statement will describe the basic events of the incident. Conclusions will generate
questions to clarify the actual facts, which support the conclusion.
8. The involved officer(s) will provide a detailed statement to the investigating
agency within 48 hours of the event.
Both the statements provided in (7) and (8) above shall be voluntary, and not pursuant to any
department directive. Neither the request for a statement nor the statement itself shall be
construed as granting any type of immunity from administrative or criminal sanctions.
City of Woodburn & Woodburn Police Assn.
CBA Effective ?008-2011
Page 40
nom`, i~~~- J
WooDBURN ~~
October 21, 2008
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: ESTABLISH A STAKEHOLDER'S WORKING GROUP FOR THE REVIEW OF THE
DOWNTOWN PLAN AND AUTHORIZE MAYOR TO APPOINT MEMBERS.
RECOMMENDATION:
Establish a stakeholders working group (SWG for the review of the Downtown
Redevelopment Plan and authorize the Mayor to appoint members to this
special ad-hoc committee.
BACKGROUND:
The City of Woodburn previously (2007) had a grant through the Transportation
and Growth Management Program (TGM) to update the Woodburn Downtown
Development Plan. The TGM ultimately severed the contract with the consulting
firm that was contracted to work on the project due to a breach in contract.
The City entered into a new contract with a team of consultants for the update
in August 2008. The consultants held an initial "kick-off" meeting and tour that
was attended by the Mayor, city staff, and community residents on September
25, 2008. The Community Development Department is requesting that City
Council establish a stakeholders working group that will provide consensus-
based advice on the project and communicate long-range planning needs for
the Project Area and authorize the Mayor to appoint members to the SWG. The
Planning Division will staff the SWG to ensure deliverables are received for
review, coordinate meetings and minutes.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator ~~~ City Attorney
%`~ + ~J
WOODBURj~
October 27, 2008
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Row, Community Services Director
SUBJECT: Professional Services Agreement for Centennial Pork Design
RECOMMENDATION:
Accept the proposal from Group Mackenzie and award a contract in the
amount of $71,412 to develop a detailed design, including construction
documents for the final phase of work at Centennial Park.
BACKGROUND:
The 25-acre Centennial Park site was purchased by the City in 1985. After an
extensive public process, the City Council adopted the Centennial Park Master
Plan in 1998. In 1999, the first phase of work began. This phase of the project
constructed basic infrastructure, such as an access road, minimal parking,
water, sewer and storm drainage systems. Phase 1 also included the
construction of two soccer fields, one baseball field, and the playground
structures. Phase 2, which began in 2001, added another baseball field, a
restroom building, comprehensive parking facilities, access pathways, and
landscaping. The third baseball field was added in 2007.
This project consists of completing the detailed design and developing
construction documents for the final phase of work at Centennial Park. The
amenities to be incorporated into this project include the fourth and final
baseball field and scoreboard, batting cages, sports field lighting, concessions
building, basketball court, picnic shelter, accessibility improvements to the
playground area, and amaintenance/ storage building.
Once the design work has been completed, the Community Services
Department will seek construction funding from a variety of sources, including
the State of Oregon's Local Government Grant Program. Applications for the
next round of State grants are due in early April 2009. The Mid-Valley Youth
Agenda Item Review: City Administrator~~~ City Attorney ~ -~ Fin
Mayor and City Council
October 27, 2008
Page 2
Baseball Association has agreed to continue their strong relationship with the
City by assisting in the effort to secure construction funding.
DISCUSSION:
This project is a current City Council goal, and is the Recreation and Park
Board's second highest priority park development project, immediately behind
the annual playground replacement initiative. The Budget Committee
discussed this project and approved including $100,000 for it in the Parks CIP, to
be funded entirely by Parks System Development Charges.
By the deadline of September 1 1, 2008, the City received eleven proposals from
qualified firms, with fees ranging from $39,930 to $121,608. Afive-person
committee, comprised of four City employees and the president of the Mid-
Valley Youth Baseball Association reviewed and scored the proposals. The top
three firms, WH Pacific, 2.ink Studio, and Group Mackenzie were invited to make
presentations to the review committee. Those presentations, along with
extensive reference checks, resulted in the decision to recommend to the City
Council that Group Mackenzie's proposal be accepted.
FINANCIAL IMPACT:
Y
The contract amount is $71,412. The Budget Committee discussed this project
and approved including $100,000 for it in the Parks CIP, to be funded entirely by
Parks System Development Charges.
.r ., .,,..,=a
~TOODBURj~ ~~~
October 27, 2008
TO: Mayor and City Council
FROM: N. Robert Shields, City Attorney ~~'
SUBJECT: City Attorney Evaluation
RECOMMENDATION:
Schedule a date for the annual evaluation of the City Attorney.
BACKGROUND 8 DISCUSSION:
The City Council normally conducts my annual evaluation in August. However,
two of the summer meetings were cancelled and the evaluation was
postponed so that it could occur with the entire City Council present.
FINANCIAL IMPACT:
None.
Agenda Item Review: City Administrator~_f~/ City Attorney W"~ Finance
C
WooDBURN
lreco.F.crareA 7AF9
October 27, 2008
TO. Mayor and City Council
FROM: N. Robert Shields, City Attorney (~/~~
SUBJECT: Agreement with Woodburn Police Association
The Woodburn Police Association (WPA) reviewed the final form of the WPA
agreement placed before you for adoption and this resulted in two minor
changes (copies attached). In Article 19B, the words "except that" were
added. Also, Article 30 was modified to specify the retroactivity of the wage
package and that separate paychecks will be issued for the retroactive pay.
Attachments: Article 19 and Article 30
ARTICLE 19 -EXPENSES
A. City Travel: Employees will be allowed use of a City vehicle, if available, as
needed, to conduct City business or for approved trainings. When an employee is
permitted by their supervisor to use a personal vehicle to travel, they shall be
compensated at the rate of 37.5 cents per mile.
B. Reimbursements: When an employee is on an authorized City duty trip or
training, the employee will furnish receipts for expenses according to the City Personnel
Policies and Procedures Manual except that employees may elect to receive an advance
payment for meals in the amount set forth in the Federal Government travel
reimbursement guidelines.
Receipts not totaling a minimum of $20 will be held until the $20 minimum is reached or
paid quarterly.
ARTICLE 30 -TERM OF AGREEMENT
This Agreement shall be effective upon the date of signing except that salary provisions
shall be retroactive to July 1, 2008, for those individuals employed by the Woodburn
Police Department as of the date of signing of this Agreement. Employees shall receive a
separate paycheck for retroactive pay from July 1, 2008, until the date of signing. The
terms and conditions of the Agreement shall remain in full force and effect through June
30, 2011, and shall also remain in effect through any negotiations for a successor
Agreement. This Agreement shall not be modified in whole or in part by the parties
except by instrument, in writing, duly executed by both parties.