Agenda 09/09/2013
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ATHRYN IGLEYAYOR
ITY OF OODBURN
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ERESA LONSO EONOUNCILOR ARD
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S9,2013–7:00..
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CHCC–270MS
ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Chamber of Commerce
B.Woodburn School District
C.Downtown Woodburn Unidos
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.Fill–the-Boot1
Presentations:
B.Marion County Commissioners-Consolidation of Justice Courts
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
September 9, 2013Council Agenda Page i
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of August 12, 20132
Recommended Action: Approve the minutes.
B.Woodburn Planning Commission minutes of July 25, 20135
Recommended Action:Accept the minutes.
C.Woodburn Public Art Mural minutes of June 26, 20139
Recommended Action:Accept the minutes.
D.Woodburn Public Art Mural minutes of July 10, 201314
Recommended Action:Accept the minutes.
E.Woodburn Recreation and Park Board minutes of August 13, 15
2013
Recommended Action:Accept the minutes.
F.Crime Statistics through July 201319
Recommended Action:Receive the report.
G.Public Works Director23
Recommended Action:That the City Council, pursuant to the
Woodburn City Charter, consent to the City Administrator’s
removal of the Public Works Director.
H.Fresca’s Mexican Grille24
Limited On-Premises Sales
Recommended Action:The Woodburn City Council
recommends that the OLCC approve the
Limited On-Premises
application for Fresca’s Mexican Grille.
Sales
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
September 9, 2013Council Agenda Page ii
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
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.Legion Park Grant Agreement26
Recommended Action:Authorize the City Administrator to enter
into the enclosed Local Government Grant Agreement with the
Oregon Parks andRecreation Department. The $277,800 grant
was awarded for the Legion Park Rehabilitation Project.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A.Planning Commission approval of Design Review 2013-04,55
located west of Evergreen Road and north of Newberg Highway
(Columbia Bank)
Recommended Action:No action is recommended. This item is
placed before the Council for information purposes, in
compliance with the Woodburn Development Ordinance. The
Council may call up this item for review if it desires.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
September 9, 2013Council Agenda Page iii
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COUNCIL MEETING MINUTES
August 12,2013
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON, AUGUST 12, 2013
CONVENED
The meeting convened at 7:02 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Finance Director
Shearer, Economic and Development Director Hendryx, Police Chief Russell, Human
Resources Director Hereford, Public Works Director Brown, Communications
Coordinator Horton, City Recorder Pierson
ANNOUNCEMENTS AND APPOINTMENTS
0:00
Announcements:
A.The City Council meeting scheduled for August 26, 2013 has been cancelled. The next
Council meeting will take place September 9, 2013.
B.City Hall, the Aquatic Center and the Library will be closed September 2, 2013 in
observance of Labor Day.
Appointment and Oath of Office:
C.Appointment of Teresa Alonso Leon to Ward 1 – Term expiring December 2016
Cox/Ellsworth
…approve appointment of Teresa Alonso Leon to Ward 1 – term expiring
December 2016. The motion passed unanimously.
COMMUNITY/GOVERNMENT ORGANIZATIONS
0:03
Chamber of Commerce – Ruby Wolfer, Fiesta 2013 Coordinator, provided an overview of the
Fiesta Mexicana celebration that took place August 2-4.
PROCLAMATIONS/PRESENTATIONS
0:08
Ordinance Review/Revision Project – City Administrator Derickson and City Attorney
Shields provided a presentation on the status of the Ordinance Review/Revision Project.
CONSENT AGENDA
0:27
A. Woodburn City Council minutes of July 8, 2013,
B. Woodburn Planning Commission minutes of May 23, 2013,
C.Full On-Premises Sales and Off-Premise Sales Mariscos el Sarandeado,
D.Full On-Premises Sales and Off-Premise Sales Tienda Mexicana El Compa Cheque LLC,
E. Crime Statistics through June 2013.
McCallum/Lonergan
… adopt the Consent Agenda. The motion passed unanimously.
Page 1 - Council Meeting Minutes, August 12, 2013
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COUNCIL MEETING MINUTES
August 12,2013
COUNCIL BILL NO. 2935 - AN ORDINANCE AMENDING THE WOODBURN
0:28
DEVELOPMENT ORDINANCE; READOPTING THE OFFICIAL ZONING MAP;
AMENDING THE WOODBURN TRANSPORTATION PLAN; AND MAKING
LEGISLATIVE FINDINGSMcCallum
introduced Council Bill 2935. CityRecorder
Pierson read the two readings of the bill by title only since there were no objections from the
Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley
declared Council Bill No. 2935 duly passed.
COUNCIL BILL NO. 2936 - A RESOLUTION ADOPTING A SECTION 3 PLAN TO
COMPLY WITH 24 CFR, PART 135 OF THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT SECTION 3 AND ADOPTING A
LIMITED ENGLISH PROFICIENCY PLAN
Mayor Figley announced that this item is
being pulled from the agenda.
CONVERSION OF CITY STREET LIGHTS TO LIGHT EMITTING DIODE (LED)
0:34
TECHNOLOGY IN PARTNERSHIP WITH PGE
City Administrator Derickson provided
a staff report. Councilor Cox stated that there are too many unanswered questions and he
would like to pass a motion approving it in principle and directing the City Administrator to
come back to Council with further details as they become available. Councilor Morris stated
that he is in favor of it and believes we should just get it done. Councilor McCallum stated
that he is also in favor of this with the proviso that if something red flags we can get out of it
and that he trusts our legal department, our City Administrator and public works people to
make that decision. Councilor Lonergan stated that he is in favor of option 1 and would like to
move forward but he agrees with Councilor Cox that if PGE is doing this in other cities there
should be agreements already out there and it shouldn’t be hard for us to come to an agreement
and wondered what would happen if we brought this back to Council with an agreement in
four weeks. Public Works Director Brown answered that the City would lose the Oregon
Energy Trust grant. Mayor Figley stated that she is in favor of moving ahead.
Lonergan/Morris
…. Authorize the City Administrator to enter into all necessary agreements
with PGE to facilitate the conversion of the City street lights to LED technology including the
transfer of pole ownership. On roll call vote the motion passed 5-1 with Councilor Cox voting
no.
CITY ADMINISTRATOR’S REPORT
1:12
City Administrator Derickson had nothing to report.
MAYOR AND COUNCIL REPORTS
1:12
Councilor Ellsworth invited everyone to attend the Ford Leadership group garage sale at the
fire house August 17 from 9-5 to raise money for exercise equipment at Centennial Park.
Mayor Figley stated that she had the privilege of entertaining a delegation from the City of
Gosen, Japan and that the City received a gift of a miniature traditional Japanese house that
will be displayed in the Library. She also stated they had some discussion about becoming
Sister Cities.
Councilor McCallum gave a shout out to the Woodburn Fire District for providing
transportation to the Mayor and Council in the Fiesta parade. He also stated that the National
Page 2 - Council Meeting Minutes, August 12, 2013
3
COUNCIL MEETING MINUTES
August 12,2013
Night Out was a success.
Councilor Alonso Leon thanked the City Council for their warm welcome.
ADJOURNMENT
0:17
McCallum/Ellsworth
….meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:16 pm.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, August 12, 2013
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
August 13, 2013 5:30 p.m.
1.CALL TO ORDER
The meeting and was called to order at 5:30 p.m.
2.ROLL CALL
Position I Vacant, Member (12/13)
Position II (Student) Sofie Velasquez (12/13) Absent
Position III Joseph Nicoletti, Board Secretary (12/13) Absent
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Present
Position VI Ardis Knauf (12/16) Absent
Position VII Gevin Gregory (12/16) Present
3.APPROVAL OF MINUTES
The minutes from the May 14, 2013 meeting were unanimously approved (Thomas/
Gregory).
4.BUSINESS FROM AUDIENCE
None
5.NEW BUSINESS
Annual Park Tour Review
There was a brief discussion of the June 14 park tour. Bruce commented that the real
value in the tour is the process of visiting the parks to review current conditions, and
projects, more than completing and submitting the review form.
Alvah Cowan Park
The Board discussed the fact that Alvah Cowan Park was recently adopted by a group
of neighborhood residents, including Board member Gevin Gregory. The group and
their work was recently featured in the Woodburn Independent.
Legion Park Grant Request
Jim announced that the grant request he and Stu submitted to Oregon State Parks was
th
just approved. He was pleased to announce that the project ranked 4 out of 35
applications in the large grant category. Design work will begin this fall, with major
construction schedule to begin after the 2014 Fiesta in early August. The project will
include a new picnic pavilion/ restroom building, a loop trail system, tree thinning
and lawn expansion, and upgrades to field lighting.
6.OLD BUSINESS
Centennial Park Traffic Counts
Page 1of 4
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
August 13, 2013 5:30 p.m.
The Board reviewedof traffic count data for Centennial Park.
Traffic data was over one week periods in the months of October 2012, January 2013,
April 2013, and July 2013.
MonthTotal Vehicles
October 2012 983
January 2013 343
April 2013 1,880
July 2013 1,540
7.DIVISION REPORTS
a.AQUATICS
Finance Review
Preliminary FY 12/13 financials show Aquatic Center revenues of $231,000 and
expenditures of $508,000
cost recovery level of 50%, we did exceed $200,000 in revenue for the first time ever.
Revenue was up 17% and expenditures 11% over last year. The upward revenue trend
seems to be continuing, as July 2013 revenue was $31,500 26% greater than July 2012.
Make a Splash Day Camp
(9am noon) 23 children attended
Activities included games, crafts, and swimming. Held at Aquatic
Center
Zumba and fitness classes still strong
just hired two new Zumba instructors
Junior Lifeguard Camp
Ages 10-15 get an introduction to lifeguarding during this week-
long camp
21 youth for the June camp, 13 for the August camp
o
$5 Swim Week
242 participants
Lifeguard Training
- 7 students currently enrolled
b.RECREATION
Community Ed
Photography classes are ongoing this summer. Session 1 in July
had 6 and Session 2going on now has 7. Lots of good feedback
for our instructor.
Page 2of 4
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
August 13, 2013 5:30 p.m.
YAB
The Youth Advisory Board raised over $500 this year doing
service projects (senior service) and awarded a $500 scholarship to
one of their senior participants at the end of the school year. They
continue to be active throughout the summer.
Out & About
The fall activities guide should be out in mailboxes very soon. We
ran behind schedule this summer. Our goal was August 1.
Staffing
Recreation & Parks will bring on two new staff this month; a
recreation coordinator and a recreation specialist (sports). The
Coordinator will assist with community events, youth advisory
board, active adult programs, and after school programs. The
Specialist will oversee our youth and adult sports programs.
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Amazing Race
and
included 10 business stops, each with a unique challenge along the
way. 15 teams and 35 people participated.
Summer Camp
Our summer day camp program will conclude this week. 30 40
kids participated each week in a variety of activities and field trips
throughout the summer.
GREAT Camp
June 17 21. This program was in partnership between Woodburn
Police and Woodburn Recreation & Parks and teaches kids goal
setting and resistance skills.
Safety Camp
This year Woodburn Recreation & Parks took over the operation of
Safety Camp from Woodburn Kiwanis Inc. who has been operating
the program for over 18 years. 29 4, 5, and 6 year olds learned all
about safety.
WSN
Woodburn Summer Nights has been extremely successful this year
th
starting with the annual 4of July celebration, followed by
concerts in Library Park, followed by outdoor movies at Library
Park.
c.PARKS, PROJECTS & FACILITIES
Jim briefly discussed the status of the Legion Park Playground Project, which is
scheduled for completion on May 21. There was also a brief discussion about the Legion
Park project that the department recently submitted a grant application for.
Page 3of 4
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
August 13, 2013 5:30 p.m.
8.FUTURE BOARD BUSINESS
The Board indicated a desire to have the Legion Park project remain on the agenda as
work progresses.
9.BOARD COMMENTS
10.ADJOURNMENT
The meeting adjournedat6:36PM
___________________________ ________________________________
Joseph Nicoletti, Board Secretary Jim Row, Community Services Director
Date_________________ Date___________________
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Agenda Item
September 9, 2013
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
Public Works Director
RECOMMENDATION:
That the City Council, pursuant tothe WoodburnCity Charter, consent to the
City Administrator’s removal of the Public Works Director.
BACKGROUND:
The City Administrator ended the employment of the Public Works Director
without cause on August 28, 2013.The Woodburn City Charter gives the City
Administrator this authority and also requires that the City Council give its
consent.
FINANCIAL IMPACT:
None.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
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Agenda Item
September 9, 2013
TO:Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM:Nic Wilson,Detective Sergeant
SUBJECT: Fresca’s Mexican Grille
Limited On-Premises Sales
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve the
Limited
application for Fresca’s Mexican Grille.
On-Premises Sales
BACKGROUND:
Applicant: Scott Lassen
30621 SW Ruth St. #5804
Wilsonville, Or 97070
(816) 676-8329
Business:Fresca’s Mexican Grille
1001 N. Arney Rd. Ste 626
Woodburn, Or 97071
(503) 982-3822
Owners: Same as Applicant (Above)
License Type: –which permits beer, wine, cider sales
Limited On-Premises Sales
for on-premises and off-premise consumption.
On July 11, 2013,the Woodburn Police Department received anapplication,
requesting approval for a for Fresca’s Mexican Grille,
Limited On-Premises Sales
1001 N. ArneyRd Ste 626, Woodburn, Oregon.
The business will be openSunday 10:00am to 7:00pm, and Monday through
Saturday 10:00am to 9:00pm. This business is a franchise restaurant.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
24
Honorable Mayor and City Council
September 9, 2013
Page 2
There willnot belive music, karaoke, video lottery games, or pool tables.There
will be recorded music. The Police Department has received no
communication from the public or surrounding businesses in support of or
against the new outlet.
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC,on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT:
None
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Agenda Item
September 9, 2013
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Community Services Director
SUBJECT:
Legion Park Grant Agreement
RECOMMENDATION:
Authorize the City Administrator to enter into the enclosed Local Government
Grant Agreement with the Oregon Parks and Recreation Department. The
$277,800 grant was awarded for the Legion Park Rehabilitation Project.
BACKGROUND:
The Community ServicesDepartment, working through the Recreation and Park
Board, hasidentified the need to initiate an improvement project at Legion
Park. The project includes replacing the Park’s aging picnic pavilion and
restroom facilities, upgrading the sports field lighting system, thinning trees,
expanding lawns, adding paved pathways, removing deteriorated fencing, and
installing irrigation in the vicinity of the new pavilion/ restroom facility.
The project meets the funding criteria for the State’s Local Government Grant
Program, which requires a 40% local match of cash, contributions of materials,
and volunteer labor. Oregon State Parks requires that the City Council approve
a resolution supporting the grant application.
DISCUSSION:
The 2009 Parks and Recreation Master Plan recognizes the need for renovations
to Legion Park and lists it as a priority to be completed in the 2013–2016 planning
horizon. The Recreation and Park Board considers the Legion Park Playground
to be a high priority park development priority for 2013.
The Community Services Department expect to begindesign work this fall, with
the most significant construction activities beginning after the 2014 Fiesta
Mexicana in early August.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
26
Honorable Mayor and City Council
September 9, 2013
Page 2
The Local Government Grant Program awarded the Community Services
Department nearly $45,000 in 2012 to construct a new playground at Legion
Park. This project is a continuation of the City’s recent efforts to rehabilitate
Legion Park. The Local Government Grant program, which is funded by State
Lottery proceeds, continues to be the strongest source of park development
fundsavailable to the City. This project was extremely competitive, ranking 4
th
out of 35 projects competing for funds in the large grant (greater than $75,000)
category.
FINANCIAL IMPACT:
The $277,800 Local Government Grant will be matched with an estimated
$185,000 in Parks SDCs.
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Agenda Item
September 9, 2013
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
Planning Commission approval of Design Review 2013-04, located
west of Evergreen Road and north of Newberg Highway (Columbia
Bank)
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes, in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The applicant requested a Design Review for a 3,680 square foot bank with
drive-through service. The Planning Commission approved, subject to conditions
of approval.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance ___x__
55
Honorable Mayor and City Council
September 9, 2013
Page 2
Subject property
Zoning map
Site plan
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Honorable Mayor and City Council
September 9, 2013
Page 3
Architectural rendering
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Woodburn School District
Mve4l- i �w C a ilwel
U nif6e& t Vv M �/S�
Goal: All Students Will Graduate
College- and - Career Ready
❖ All students will meet or exceed growth targets in
writing, reading, and math
❖ All students will have the opportunity to achieve high
academic competence in two or more languages
❖ All students will have the opportunity to complete
post- secondary level course work prior to graduation
Goal: Build a Culture of Engagement
❖ All students will take ownership of their social,
emotional, and academic growth through meaningful
engagements
❖ All staff will foster positive and supportive relations
to facilitate student growth and learning
❖ All families will have opportunities to engage
meaningfully to support social, emotional, and
academic growth of students
❖ All community members will have opportunities to
engage meaningfully to support social, emotional, and
academic growth of students
Goal: Be Good Stewards of Public
Resources and Community Trust
❖ WSD will improve /maximize support services
❖ WSD will ensure adequate district facilities
965 N. Boons Ferry Road — Woodburn, OR 97071— Phone: 503.981.9555 — Fax: 503.981.8018 — www.woodburn.k=.or.us
Because
We expect
We expect
We expect
We expect
we value...
that students
that WSD staff
that families
that the community
Accountability
Accept responsibility for their
Accept responsibility for every
Partner with schools to help
Support public education and
own actions and choices and
student's learning and growth
students learn to be responsible
partner with the district to
learn from your mistakes
for their own actions and know
guarantee success for all
that everyone makes mistakes
Civic
Give back by participating in
Model civic responsibilities and
Support student participation in
Provide and support service
Responsibility
service learning activities
prepare all students to actively
service learning activities
learning activities
participate in a glob aI society
Diversity
Accept and value diversity by
Actively seek and value the
Honor diversity and support
Capitalize on the diversity in the
taking pride in who they are as
different skills, strengths, and
student pride in themselves
community by connecting
individuals
attributes of individuals
through positive behavior
opportunities with students, staff
and families
Equality
Support and advocate for
Ensure that K -12, all students are
Support and advocate for school
Support and advocate for school
initiatives that ensure equality
given equal access /support to a
initiatives that ensure equality for
initiatives that ensure equality for
for all
quality education
all
all
Family
Involve family members in their
Partner with the family as part of
Participate in the student's
Provide resources to encourage and
own learning experience
the student's educational team
learning experience at school and
support family involvement in
at home
schools
Integrity
Be honest, practice trust and
Model honesty, trust, and strong
Model honesty, trust, and strong
Provide opportunities to students to
respect themselves and others
moral principles
moral principles
observe honesty, trust, and respect
in real world situations
Learning
Have high expectations for self
Have high expectations for self
Actively engage in student's
Set high expectations and recognize
and persevere in learning to
and students, learn continually,
learning through consistent
that education is a foundation for a
achieve challenging goals
and collaborate effectively in order
support and high expectations
healthy community and find a way
to support and contribute to a
to participate in mutual learning
student's success
opportunities
Multilingualism
Commit to learning more than
Support high achievement by all
Help students understand the
Provide opportunities for students
one language
students in more than one
value of learning more than one
to use their multi - lingual skills
language
language
Parent-
Recognize the importance of
Provide an open and welcoming
Participate in community
Provide opportunities for
Community
being part of a community
environment with opportunities for
partnerships and actively seek
mentorships /partnerships and
Partnerships
parents and community to
ways to be involved
actively seek ways to be involved
collaborate
Safety
Make choices that keep
Provide and model a safe and
Model safety at home and in the
Partner with schools and safety
themselves and others safe
supportive environment
community
agencies to provide a safe
environment in and out of school
The Individual
Know that they have a unique
Recognize and honor each child as
Recognize and respect that each
Recognize and respect the value of
contribution to make to the
an individual
individual is part of a community
each person as an individual and
world
of learners
the positive contributions they can
make to the community
O R E G O N
The Future of Marion County
ustice Courts
Presentation to Woodburn City Council
MARION COUNTY COMMISSIONERS
September 9, 2013
O R E G O N
Thank You for Inviting Us'.
County Commissioners Opening Remarks
BACKGROUND:
THE PURPOSE OF CIRCUIT COURTS
A court of record and "general jurisdiction" that hears all types of cases.
Each Oregon county has a circuit court.
CIVIL CASES CRIMINAL CASES, '
• Dissolve marriages 0 Misdemeanors
Change legal custody of children • Felonies
• Determine who has title to land • Conduct pretrial hearings and trials
• Approve adoptions • Sentence convicted persons to Oregon's corrections
system
• Issue injunctions • Impose the death penalty in certain capital murder cases
• Commit juveniles to state institutions
• Preside over trials
BACKGROUND:
THE PURPOSE OF JUSTICE COURTS
County commissioners have power to establish.
• Have same jurisdiction as circuit courts but not over felonies.
• Justice courts can hear violations and misdemeanor crimes.
• Justice courts can also hear small claims /civil jurisdictions not in excess of $10,000.
• Generally not a court of record.
TYPES OF OFFENSES EXAMPLES
Violations /Infractions
• Speeding
• Driving uninsured
• Fish and Game: Hunting /fishing without a license
• Weighmaster
• Code enforcement
Misdemeanors
• Driving under the influence of intoxicants
• Reckless driving
Small Claims /Civil Jurisdiction
• Recovery of money or damages
BACKGROUND:
THE PURPOSE OF MUNICIPAL COURTS
Most incorporated cities in Oregon have a municipal court
authorized by city charter and state law.
• Have same jurisdiction as circuit and justice courts, but not over felonies.
• Most municipal courts can, but do not, hear misdemeanors.
TYPES OF OFFENSES EXAMPLES
Traffic Violations
City Code Violations
(Types of violations will depend on each city's
municipal code)
• Speeding
• Driving uninsured
• Failure to obey a traffic device
• Fastening handbills to private property
• Discharging fireworks in a city owned park
• Playing sports where prohibited
BACKGROUND:
SIN
IBU RN- E. LANCASTER
NS_ VIOLATIONS
is Traffic
hmaster County Code*
Game
*COUNTY CODE VIOLATION EXAMPLES
• Garbage, junk vehicles, tall grass and weeds, home -based businesses
* *CITY CODE VIOLATION EXAMPLES
• Discharging weapon within city limits
• Inhaling toxic vapors
iMl
STAYTON
VIOLATIONS
• Traffic
• Weighmaster
• City Code **
• Game
MISDEMEANORS
• Traffic
• City Code
BACKGROUND:
MUNICIPAL COURTS IN MARION COUNTY
14 Municipal courts in Marion County
13 hear traffic offenses
14 hear city ordinance offenses
(Including Stayton /Sublimity)
3 hear misdemeanors (Salem, Stayton /Sublimity and Mill City)
Aumsville
Mill City (in Linn County)
Aurora
Mt. Angel
Detroit
Salem
Gervais
Silverton
Hubbard
Stayton /Sublimity
Jefferson
Turner
Keizer
Woodburn
MARION COUNTY
AGREEMENT WITH STAYTON /SUBLIMITY
CITY OF SUBLIMITY
Date: S -ZZ ~a9
MARION COUNTY
DTST ICT ATTORNEY FOR
MAR COUNTY
Vv r
Date:
HOW JUSTICE COURTS ARE FINANCED
• HB 2287 (2009) -established a task force to simplify court fees and
revenues.
• HB 2712 (2011) -established a more uniform structure for court fees
and revenues from fines and penalties: does away with unitary
assessment; establishes state priority payment of $60.
• HB 2562 (2013) - lowers the priority payment to $45; establishes a
$16 county assessment for corrections and drug /alcohol programs;
allows for split payments if a state trooper or motor carrier officer
cites into justice court for partially paid tickets. $16 assessment is last
portion distributed.
• HB 2837 (2013) -budget rebalance bill, returned money back to
counties due to miscalculations in HB 2712.
HOW
'TICE COURTS ARE FINANCED
Fine Paid
$200
Z00%
$200
Z00%
5200
100%
State Share
$44
22%
$60
30%
$45
22%
Justice Court
$ 66
�
33%
$70
35%
$70
35%
Share (Gf)
Agency Share
$65
33%
$70
35%
$69
35%
*Criminal
Justice
$25
12%
$0
0%
$16
8%
Assessment
*In Marion County the Criminal Justice Assessment is split up as follows:
Jail Juvenile Dept. Parole & Probation Court Security
EXAMPLES OF CHANGES
TO IUSTICE COURTS IN OTHER OREGON COUNTIES
• Lane- Closed Oakridge Justice Court
• Lane- Closed Springfield Justice Court
• Baker- Reduced Justice of the Peace from full -time
to part -time
SOURCE: Association of Oregon Counties
'UBLIC SAFETY ISSUES: DISTRICT ATTORNEY'S OFFICE
4 Same level of accountability regardless of court location
® Fair and consistent prosecution
® Protocols for handling misdemeanors
® Court of record -
® Time spent by prosecutors
® Dismissal rates
FY 11 -12
FY 12 -13
TOTAL
CITATIONS
%
TOTAL
CITATIONS
%
CITY
CITATIONS DISMISSED
DISMISSED
CITATIONS
DISMISSED
DISMISSED
Stayton
4,122
1,015
25%
3,963
748*
19%
Lancaster
12,088
2,561
21%
I 11,522
2,470
21 %
Woodburn
14,735
2,014
14%
12,926
1,524
12%
TOTAL
30,945
5,590
18%
28,411
4,742
17%
PUBLIC SAFETY ISSUES: SHERIFF'S OFFICE
® Court Security
® Fairness
® Other issues
WHAT ABOUT FISH /WILDLIFE & OLCC CASES?
July 1, 2012 to June 30, 2013
® Game:
28 out of 3,992 cases (Stayton) +
31 out of 11,612 cases (Lancaster) _
Less than 1 percent of all cases
® OLCC:
15 out of 3,992 cases =
Less than 4/10 of one percent of all cases
1
7�
.ION IUSTICE COURT:
Revenues & Expenditures
$ .
$750,000
$ 710.1
7048
$700,000
7
$ 484.4
$650,000
$ 390.9
$ 391.8
$ 390.7
$ 322.7
$ 345.1
$600,000
$ 310.4
$ 366.7
$ 360.9
$550,000
$500,000
$450,000
$400,000
$350,000
$300,000
FY 08.09
FY09 -10
FY10 -11
FY11 -12
FY12 -13
FY13- 14 (Pr.)
Pr= Projected
-- ♦--Revenue --E— Expenditure
$ .
$ 484.4
$ 390.9
$ 391.8
$ 390.7
$ 322.7
$ 345.1
$ 313.1
$ 310.4
$ 366.7
$ 360.9
ICI
Revenues & Expenditures
$900,000
--
$ 780.7
$800,000
- - - --
$674.8 $ 722.6
$700,000
—
$600,000
-
$ 498.6 $ 523.1 $ 528.7
$488.8 $455.1
$500,000
$400,000
$405.9 $ 430.4 $428.0
$300,000
FY 08 -09 FY09 -10 FY10 -11 FY11 -12 FY12 -13 FY13 -14 (Pr.)
--s- Revenue --*-Expenditure
Pr= Projected
COMBINED JUSTICE COURTS:
WOODBURN, STAYTON, E. LANCASTER
Revenues & Expenditures
$1,600,000
$1,490.8
$1,500,000
$763.6 $799.2
$777.9
789.0
$822.2
$1,427.4
$1,400,000
$1,300,000
$1,159.1
$1,200,000
$1,100,000
$1,000,000
$796.8.
890.0
843.8 $
919.4
$900,000
$800,000
$700,000
FY 08 -09 FY09 -10
FY10 -11
FY11 -12 FY12 -13
FY13- 14 (Pr.)
—+-- Revenues —a— Expenditures
Pr = Projected
$763.6 $799.2
$777.9
789.0
$822.2
CE COURT BUDGET COMPARISON
Personnel 624,719 6241719
Leases 106,086 59,328
Other Costs 188,587 176,551
OTHER COUNTY COSTS
• Deputy District Attorney Time
• Travel Costs
• Indigent Defense Costs
• Information Technology Expenses
s
510,413
57,600
152,416
USTICE COURT TIMELINE
2012 -13
• Budget Officer prepares budget recommending changes injustice courts
• BOC work session on Justice Courts
• Budget Committee presentation
• Budget Committee approves budget
• BOC adopts budget that includes justice court changes
• Marion County Sheriff, CAO and others meet with Stayton officials
2013 -14
• BOC considers resolution to consolidate justice courts
• 6 -month lease notice for Lancaster and Stayton Court facilities
• 30 -day notice to Stayton /Sublimity to terminate intergovernmental agreement
• Change justice court district boundaries
• Tenant improvements for Portland Road facility
• Anticipated start date July 1, 2014
(January to March 2013)
(April 9, 2013)
(May 29, 2013)
(June 4, 2013)
(June 19, 2013)
(July 26, 2013)
OPTIONS FOR
BLIMITY WITHOUT A
® Municipal Court (with or without misdemeanors)
®. Model Budget
Technical assistance
Intergovernmental Agreement (for multiple jurisdictions)
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