NOVEMBER 3, 2014
1. CALL TO ORDER AND ROLL CALL: Mayor Woodruff called the special meeting to order at 4:30 p.m. Mayor Woodruff and Councilors O'Brien, Gates, Campbell and Holland answered the roll. Councilors Brown and Cutter were excused. A quorum was present. NOVEMBER 13, 2014 1. CALL TO ORDER AND ROLL CALL: Mayor Woodruff called the meeting to order at 2:00 p.m. Mayor Woodruff and Councilors O'Brien, Gates, Brown, Campbell, Cutter and Holland answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND PRESENTATIONS: None.
3. DISCUSSION ITEMS:
A. Consideration of Ordinance Amending the Waldport Municipal Code by Adding Chapter 3.06 Entitled "Marijuana Sales Tax" and Declaring an Effective Date: City Manager Kemp explained that the special meeting had been called to consider the adoption of this proposed ordinance and its accompanying resolution. If Measure 91 passes on November 4, it will allow the possession, manufacture and sale of recreational marijuana by and to adults. Many cities throughout Oregon are adopting local tax language, prior to the passage of the measure, though language in the measure may preclude the ability of local government to actually levy the tax. City Manager Kemp explained that the proposed ordinance set the ability to tax, while the resolution set the tax rate, currently 0%. He also clarified that medical marijuana was not included in the proposed taxation process. According to City Manager Kemp and City Attorney Gintner, adopting the ordinance would at least serve as a placeholder, as well as serving as a reminder to the State that under Home Rule cities do have the ability to levy taxes if they so desire. Discussion ensued regarding the possibility that the State will overrule the local tax measures, the question of whether it is possible to impose a tax on a substance that is still considered illegal at the federal level, and the Council's ability to make changes to the ordinance language. The observation was made that it was possible that if the ordinance was not adopted it may affect the future ability to adopt similar legislation. Mr. Gintner indicated that the timing of adoption was also important, as the placeholder language should be in effect prior to the effective date of the measure. Further discussion ensued regarding the use of the proposed tax monies, and the impact that taxation could have on the legal retail process. The question was raised regarding Councilor Gates' ability to participate in the ordinance adoption process, as she was the owner of a medical marijuana facility. City Attorney Gintner stated that, as medical marijuana was exempt from the taxation language, there would be no direct financial gain or loss. Councilor Holland moved to have the ordinance read in full for the first reading, Councilor Gates seconded, and the motion carried unanimously on a voice vote. City Recorder Eckerman read Ordinance No. 754 in its entirety into the record. Councilor Campbell moved to read the ordinance by title only for the second reading. Councilor Holland seconded, and the motion carried unanimously. City Recorder Eckerman read Ordinance No. 754 by title only for the second reading. Councilor Holland moved to adopt Ordinance No. 754 as read. Councilor Gates seconded, and the motion carried on a roll call vote. Councilor Campbell asked that the ordinance be placed on the agenda for the next regular Council meeting for further discussion and possible amendment.
B. Consideration of Resolution Establishing a Tax Rate on Recreational Marijuana and Marijuana-Infused Products: It was noted that the proposed tax rate was 0%, which could be amended in the future by resolution, depending on the outcome of the legislation and the decision of the Council at that time. Councilor Holland moved to approve Resolution No. 1191. Councilor O'Brien seconded, and the motion carried on a voice vote, with Mayor Woodruff and Councilors O'Brien, Campbell and Holland voting "Aye", Councilor Gates voting "Nay".
4. ADJOURNMENT: At 6:05 p.m., there being no further business to come before the Council, the meeting was adjourned.
Reda Q Eckerman, City Recorder
APPROVED by the Waldport City Council this 13th day of November, 2014.
SIGNED by the Mayor this 13th day of November, 2014.
Susan Woodruff, Mayor
2. MINUTES: The Council considered the minutes from the October 9 regular meeting and the November 3 special meeting. Councilor Gates moved to approve the minutes as presented. Councilor Holland seconded, and the motion carried unanimously on a voice vote.
3. PUBLIC COMMENTS/PRESENTATIONS: None.
4. DISCUSSION/ACTION ITEMS:
A. Consideration of Ordinance Changing Newspaper of Record: City Manager Kemp explained that the ordinance under consideration was drafted after notification was provided to the City regarding the discontinuance of the South Lincoln County News and assumption of all accounts and publishing by Newport NewsTimes. This was considered an emergency ordinance as the South Lincoln County News discontinued publishing on October 29, 2014. Hearing no objections, Mayor Woodruff read Ordinance No. 755 by title only for the first and second readings. Councilor Campbell moved to adopt the ordinance as read. Councilor Cutter seconded, and the motion carried unanimously on a roll call vote.
B. Review and Discussion of Ordinance 754 - Recreational Marijuana Tax. Councilor Campbell noted that if and when the Council decided to vary from the current 0% tax rate associated with this Ordinance, he would like to see that the funds obtained by this tax be designated for a specific purpose. Discussion ensued regarding the process for earmarking funds and potential unanticipated costs associated with administration of the code language. Councilor Cutter suggested that it may be appropriate to have City Manager Kemp contact Sheriff Dotson and the County's counsel to discuss the issues regarding the legalization of marijuana. Councilor Brown also suggested that the Sheriff attend at least one Council meeting a year just to provide an update on the department's activities. Consensus of the Council was to have the marijuana topic on the agenda for the July meeting for discussion.
C. Other Issues: None.
5. COUNCIL COMMENTS AND CONCERNS: Councilor Campbell noted that the lights were not working on the welcome sign at the south end of town, and Public Works Director Andry indicated that he would check on it. Mr. Andry also mentioned that he was still waiting for a response from ODOT with regard to the location for the tsunami readiness signs. Councilor O'Brien gave a brief update of the activities of the Solid Waste Advisory Council, and noted that someone from the State would be contacting the City regarding potential locations for disaster cleanup debris. Councilor Cutter also noted that the City will apparently have to take up the issue of hunting in Lint Slough with the State. Mayor Woodruff announced receipt of an award at the recent Olalla challenge.
6. STAFF REPORTS: The reports from the Public Works Director, the City Librarian and the City Planner were included in the packet materials. The report from the Code Compliance Officer was distributed at the meeting. City Manager Kemp confirmed that ODFW was not interested in curtailing hunting in the Lint Slough area, but noted that the City can pursue other avenues, which may include posting City limit signs around the perimeter, as hunting is not allowed within the City limits. He reported on a meeting the previous week regarding the proposed community events sign, and indicated that a potential site near the Community Center was being looked at, along with three quotes for a monument sign. The site evaluation for the open space is continuing, with conceptual plan discussions potentially beginning in January or February. Councilor Cutter suggested involving students in that process as well. Mr. Kemp briefly reviewed the Sustainable Cities Initiative, and consensus of the Council was to have further discussion on the issue at a future time. The City has applied for a $12,000 Lincoln County Economic Development grant for the Alsea Highway Scenic Byway Corridor plan. It was noted that the "old" old middle school on Spring Street has been demolished, and a brief discussion ensued regarding potential uses for the property, which is privately owned. Mr. Kemp noted that he would be in discussion with Southwest Lincoln County Water District with regard to provision of water for the proposed clinic on Range Drive. A letter from the County DA regarding representation on the Local Public Safety Coordinating Council has been received and will be emailed to the Councilors, Mr. Kemp asked for a response from any Councilors willing to serve on that board. He reviewed the recent Oregon Main Street Convention that he had attended, noting that one of the sessions involved the concept of "branding" for a community. Discussion ensued regarding the differences between branding and marketing, and tourism in general.
7. GOOD OF THE ORDER: Nothing further.
8. ADJOURNMENT: At 3:50 p.m., there being no further business to come before the Council, the meeting was adjourned.
Reda Q Eckerman, City Recorder
APPROVED by the Waldport City Council this 11th day of December, 2014.
SIGNED by the Mayor this 11th day of December, 2014.
Susan Woodruff, Mayor
NOVEMBER 13, 2014
1. CALL TO ORDER AND ROLL CALL: Mayor Woodruff called the meeting to order at 2:00 p.m. Mayor Woodruff and Councilors O'Brien, Gates, Brown, Campbell, Cutter and Holland answered the roll. A quorum was present.