| LafayetteOregon.org |
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| LafayetteOregon.org |
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What's Happening at City Hall |
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ENOUGH IS ENOUGH
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Nick Harris Resigns
Effective August 19, 2010 Shortly after we posted Angela's Alert about our Pro Tem City Administrator Joe Wrabek, I received a call from Nick Harris. He stated that he would like to drop off something at the house. The following is the text of his resignation. August 19,2010
We allowed the recall of two dedicated men who brought creative thought and debate that enhanced the city overall. This effort was endorsed by you. We lost public trust by
allowing Councilor Leah Harper to violate public records procedures
and
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Public Records Policy
Presentation July 8,2010
In May, 2007, Alisha Kashka spent about
two hours talking with Diane Rinks. In the course of that meeting,
Diane made a copy of a consultants report and the council packet for
that night. She paid $6.00 for everything. No records request was
required to be completed. Darrell Flood |
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Within
just a few short hours of How Debbie Sees It being posted, she
received contact from an individual that was less than supportive.
After several exchanges, it has become downright creepy. Franz truper <franzeatsit@live.com>
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The results are in. While the votes will
not be certified for up to 20 days, the printout we received from
Becky Stern-Doll tonight shows the following tabulation:
Total Voter Turnout – Approximately 42.98% Less than ½ of the registered voters
turned out for the election. The process was very interesting to
watch and everyone in the elections office was most informative
about the process.
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Trevor Higby Speaks! Recently, I had an opportunity to be
graced by conversation from Trevor Higby. It took some doing. For
those people who have been advised to contact him at the
TREVSU@HOTMAIL.COM address regarding recall questions, his
response to that is: Get your Vote No On Recall Signs Here! Print them out on your own printer and then put them on your car, on your house or just wear one around! Vote No with our website address Vote No without our website address
The Last Update We Promise
The following is quoted from Dean
Rhodes' Recall Information Website: Update Two According to
Mary Heisler's website, Mr. Higby responded to the State of Oregon
Elections Division providing documentation of his allegations. While
he has provided this information to Mary Heisler's website, he was
unwilling to provide me with any information or documentation at any
point and time. I am now in the process of trying to receive that
information from the state and will be posting it when I get it. So
much time and money could have been saved if the documents that some
councilors have made available to him had been made available to
all. But, I guess it all comes back to who you know. I guess I don't
rate in his income bracket. Update
to Recall Complaint: State of Oregon gives Trevor Higby License to
Lie The State of Oregon has
found insufficient information to prosecute Trevor Higby. So, I am
sure that will bolster his confidence in the lies he has told to
citizens to get the recall in front of the voters. What I learned
is: The truth behind the recall and why we oppose it!
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My Guest Blog from the
Sunlight Foundations Website
A Simple Request It seemed like a such a simple
request. Council newsletters that had been sent to each and every home in
Lafayette, free of charge. I wanted them electronically, in the original
black and white format. Not on the colored paper they kept sending them
on. I had been getting requests from visually impaired citizens telling me
they couldn't read them very well. I thought, how hard could that be? They
were created on a computer.
* The assistant really needs some training on the use of office equipment. Turns out it took her 45 minutes to scan 40 pages as a single file. * But mostly, The city
paid the city attorney $1,210.00 to fight us on this request. |
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Did Councilor Leah Harper Lose
Credibility For Her Lie? On Wednesday, May 12,
2010, Councilor Leah Harper went to Lafayette City Hall to scan documents.
This matter was disclosed at the last council meeting. I contacted her to
ask if she would be willing to have a conversation. That request has been
ignored, as has any other request to have any conversation with her since
she has been a councilor. |
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OPEN LETTER FROM CAROL PADDOCK TO LAFAYETTE CITY COUNCIL COUNCIL MEETING IS ON DECEMBER 11, 2008 AT 6:30 P.M. City Council Meeting, City of Lafayette December 10,2008 Councilors: The parties in the LUBA appeal of the Lafayette View Estates project have an opportunity to engage in a dialogue to ascertain whether an alternative solution is viable which would serve the community better than the rigid approval/denial outcomes afforded by LUBA. We (Petitioner Carol Paddock and Intervenor Mike Hanks) feel this is a unique opportunity to master plan a large area in the city with the potential for inclusion of significant community services. We feel strongly that community input is integral to the success of this project. The community elements(s) could include a significant park for this rapidly growing area of town, a fire house, a completely different idea, or a combination of ideas. Mike has been a developer for 20 years with numerous projects in Yamhill County. He served on Lafayette's Citizens' Utility Board and Bend's Affordable Housing Committee. Carol has a Bachelor of Architecture and is currently a planner/designer at Cascade Steel. She contributed to Lafayette's Watershed Citizens' Advisory Board and Parks Development Plan. We have just begun to meet and are putting together a framework for a plan of action. Thus far we have the following which will be adjusted as we become more familiar with the parameters of the project: Convene a small group to include interested community members and advisors with the goal of ascertaining the scope and details of the project: Solicit input from adjacencies (residential, business, governmental) regarding community needs/wants/concerns (services, transportation, recreation, safety, etc.). Study potential UGB expansion in regard to city services and city and state requirements. Study low-impact development strategies, wildfire suppression design. Plan for phasing of project to coincide with availability of city services. Prepare proposal(s) for presentation to community for additional input. Prepare final proposal for presentation to city.
The city could take any degree of participation in this process it desires: from active, to receiving periodic updates, to simply responding to the final proposal. This is an exciting undertaking with long-term benefits to the city. Please join us in staying the LUBA process so we can refocus our efforts in this more-positive direction. We are asking for a motion tonight to that effect. The city attorney can provide direction. We can think of no downside to taking this opportunity. We understand that the city is prepared to entertain our proposal, and hope this brief description is adequate to convince you of our commitment to finding a better solution for Lafayette. Thank you, Carol Paddock Mike Hanks
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Business
License
No Longer Required In Lafayette
Recently,
it was discovered that Bob Cullen and Don Leard do not have business
licenses. Don Leard has a car dealer's license and owns commercial
property. Bob Cullen is an unlicensed pool installer. (The CCB is
taking care of that.)A complaint was filed with the Yamhill County Sheriff's office advising of the code violation. The YCSO contracts with Lafayette as our "Chief of Police" and, according to the contract, all code enforcement is their responsibility. Sgt. Tim Svenson of the YCSO has advised he was told this was not a code that was to be enforced. So, we can only assume that this ordinance is now unenforceable. Eventually, it should be removed from the Lafayette Code. But, in the meantime, since it will not be enforced, that frees all the businesses in Lafayette to avoid that whopping $10.00 charge each year. You could put it towards your more expensive water charges. Let me know if you have any questions. I have the entire statement from YCSO documented, so you can take that to court with you if it turns out the only people not being required to have the license are our public officials. If you don't agree with this, please feel free to come to the next council meeting on Thursday, December 11, 2008 at 6:30 pm – City Hall. |
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National
Weather Service has issued a Flood Potential
Please be aware that the National Weather Service has issued a Flood Potential outlook today and will likely change that to a Flood Watch in the next 24 hours. A very active weather system with a strong jet stream is moving into the area on Tuesday. Predictions are for 1 to 1.5 inches of rain on Tuesday and 1.5 to 2 inches of rain on Wednesday. Winds of 40 mph are predicted on Tuesday and Wednesday in the Valley. HYDROLOGIC OUTLOOK NATIONAL WEATHER SERVICE PORTLAND OR 1159 AM PST MON NOV 10 2008
..FLOODING POSSIBLE OVER SOUTHWEST WASHINGTON AND NORTHWEST OREGON LATE TUESDAY THROUGH THURSDAY... ..FLASH FLOODING AND DEBRIS FLOWS POSSIBLE FOR BURN AREAS... A STRONG JET STREAM WILL BRING A SERIES OF VERY WET STORM SYSTEMS TO THE PACIFIC NORTHWEST BEGINNING TUESDAY. THE FIRST OF THESE STORMS WILL REACH THE WASHINGTON AND OREGON COAST TUESDAY MORNING AS A STRONG WARM FRONT MOVES IN. THE SNOW LEVELS WILL RISE RAPIDLY TUESDAY AFTERNOON AS THE WARM FRONT PASSES...WITH HEAVY RAIN CONTINUING. ANOTHER SURGE OF TROPICAL MOISTURE WILL REACH THE AREA ON WEDNESDAY WITH VERY HEAVY RAIN AND HIGH FREEZING LEVELS. THE FOCUS AND TIMING OF THE HEAVIEST RAIN IS SOMEWHAT UNCERTAIN AT THIS TIME. AREAS OF GREATEST POTENTIAL IMPACT INCLUDE THE WILLAPA HILLS...SOUTHERN WASHINGTON CASCADES...NORTHWEST OREGON COAST RANGE AND THE NORTHERN OREGON CASCADES. RAINFALL AMOUNTS OF 5 TO 8 INCHES OVER HIGHER TERRAIN AND 2 TO 4 INCHES IN THE VALLEYS ARE POSSIBLE DURING THE TWO DAY PERIOD. IF THE HEAVY FOCUSES ON THE NORTHERN OREGON CASCADES...FLASH FLOODING OR DEBRIS FLOWS WOULD BE POSSIBLE FOR CREEKS DRAINING BURN AREAS...SUCH AS GNARL RIDGE OR KITSON. MINOR DEBRIS FLOWS HAVE OCCURRED IN WEAKER EVENTS EARLIER THIS FALL. YOU SHOULD REMAIN ALERT TO THE POSSIBILITY OF HEAVY RAIN WHICH COULD CAUSE RIVERS AND STREAMS TO RISE VERY RAPIDLY DURING THIS EVENT. IN URBAN AREAS...LEAVES ON THE GROUND COULD BLOCK STORM DRAINS RESULTING IN LOCAL PONDING OF WATER DURING HEAVY RAIN. MONITOR THE LATEST WEATHER AND RIVER CONDITIONS AT WEATHER.GOV/PORTLAND.
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Congratulations
Lafayette!
According
to the News Register in the October 25, 2008 edition, Diane Rinks has
stuck it to you again and proved that the current council is sheep. |
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We are STILL requesting a forensic audit Originally, citizens asked for a
time audit. Then, as deficiency information became public, a forensic audit was
requested. All of the councilors held fast to Diane Rinks' opinion that the
effort was not needed. In fact, Bob Cullen went so far as to post the following: From reply-to to date subject No crime has ever been committed with regard to any of my public service, either by me or by others with my knowledge. I covered up nothing. I'm calling an attorney first thing tomorrow, to consult them about your public slander of my character. b.c.. B.C. Well, now that it is public knowledge that the above statements are not true, and he has violated the public trust, I am wondering where the faith in our city should lie. In Brownsville, Diane's biggest supporter was also someone who ended up violating the public trust. There is a theme here. At least we no longer need wonder why Bob's reviews of Diane's work here has been so glowing and he has been such a staunch supporter. She failed to make him live up to the same ordinances he was entrusted to impact. I am furious that we have a lawmaker being a law breaker. And, all of our current council has been right behind him, also failing to enforce the ordinances with regard to his actions. Will they do something now? This isn't the first time they have worked in tandem to refuse to expose violations. I can find nothing in their rules that forbid them to report a crime or violation. So, I am wondering: what else needs to be uncovered for the Council to direct a comprehensive forensic audit of all business being conducted here? How many items do they need to be shown before they admit Lafayette is at risk of being another headline? 10, 20, 30, 50? Let me know. I can certainly provide the information at this point. And what else is there to be uncovered? Information in the following weeks will continue to answer that question. Wouldn't it be nice if the Council felt they should be proactive, instead of putting themselves in the position of providing sound bites as to why they feel their behavior was justified? Lafayette needs to be overhauled and documents need to be verified. This needs to done under the watch of citizens that are part of this community, not a private firm that Diane or the Councilors bring in. Councilors should understand their position is not one of power to be abused, but is a responsibility to be informed. Which Councilor will have the courage to represent the citizenry that has asked for honesty for years, instead of backing each other and those that want information kept under wraps?
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My Mistake Tonight, I made an error and I want to report on it before anyone else puts a spin on it that just doesn't exist. First, some background. I have MS. With this illness comes certain cognitive issues. One of them is memory. So, when I get excited, and forget to follow my established routine, I forget things that, in some cases, can be very important. I didn't commit a crime, but I did exercise poor judgment. When I go to public meetings, I take my digital recorder with me. It's not too high tech, just a MP3 player with recording abilities. This evening, at the City Council meeting in Lafayette, there was an executive session scheduled to discuss the acquisition of property. When the public portion was closed, I exited the room so I could gather signatures for the initiative for the charter. I admit, I was hurried. I forgot my recorder in the room. Usually, I take it with me, because if I were to leave it there purposely, it would be unethical. But, I forgot. My mom reminded me after the meeting room was closed. As soon as the room was reopened, the public portion began again. It was short and the meeting was adjourned. I picked up my recorder and showed it to the council. Before I could say a word, the Assistant to the CA and the CA were right there with accusations of malfeasance. There was none. I went to them and showed them that I was erasing the meeting. All of it. In fact, I have now lost every meeting I had recorded. So, now I will go and pay the money to get a copy of the public portion. In the meantime, I feel like real stupid. I forget and now the city tells me that I did it on purpose. I didn't hide it and put it away before anyone noticed. I came to them. So, now they have the recorder (hopefully I'll get it back) and will probably lose all the songs that were on there as well. And, I'll be out the money on the recording for the meeting. But, I am not dishonest, just feel really stupid. I apologize to anyone if this makes them feel they have the need to doubt me. I'm just a guy trying to do the best I can with an illness that I have. Darrell W Flood
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Why Lafayette Isn't Really Broke Years ago, a city's financing came from lands aloft. The federal government and state government set about creating budgets with cities in mind in a very general sense. They would have cities create great budgets with buckets and asked them to guess how much they would need to fill the bucket. Then, after great dickering, the cities would be given checks, usually a tad less than what they asked for. The cities would then spend the next year consuming these resources, using each bucket up on something that may closely resemble the name of the bucket. The next year, the game would start over. If the city did not spend all of the money in their buckets, the bigger government would make a lower amount available, using the argument that if they didn't spend it all, they didn't need as much. Then the bigger government got wiser. They realized that just handing over funds to cities was the worst kind of welfare. No accountability. And no way for the cities to arrange to save money. So, a system was created to allow for cities to plan and grow. Cities now are given their share of the property taxes that are generated within their cities. They are given their share of other taxes and fees that are generated because of their own activity. Then, the rest of the money they need is made available through the grant process. This way, the bigger government could pool the money in great savings accounts and make more money. The cities now can apply for a vast assortment of grants. Everything to fund their fire department, to build parks, to pave streets, to make water flow. But, there is a catch. The cities have to ask for it. The bigger governments have made it simple – there are websites set up for grants. The instructions are easy to follow. Some are more involved. (This is where being a creative thinker and an articulate professional come in handy.) The bigger government decided that they would make the cities tell them what the money was going to be used for. They created a process that would make the cities prove the money had been spent that way. They would make the cities sign forms agreeing to treat people equitably. But, in many cities across our great nation, they face the same issue we have in Lafayette, Oregon. Our local administration will not be bothered to fill out forms, or explain where the money goes. Instead, they whine and cry about how they hold their hands out and the money does not continue to flow through it. They cry poor because the lead of their pencil is broken and they refuse to sharpen it. In our town's case, we have had people offer to sharpen it. Volunteers have made themselves available to find and apply for the grants, but our administration says no. All because they are used to the old way and they refuse to look ahead and learn. So, if we had administration that used the grant process in the way that it was intended, we could bank roughly 75% more in funds than we do now. And use grants to pay for the majority of the costs of our capitol and ongoing projects. Ask your council why they don't!
http://wyden.senate.gov/
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2008 Lafayette Charter - Update I am not always the first to admit my mistakes. I made a big mistake. I was reading the story in the News Register about the 2008 Lafayette Charter that I filed on Friday August 1, 2008. In the article Nicole listed of some of the changes we have written into the new charter. I got to the part that said "One Provision would cut the city administrator and assistant administrator positions to 24 hours a week" and I thought we didn't write that part. Turns out that could be implied. Thanks to the News Register we were able to correct what would have been a grievous mistake. Our intention was to make the city administrator part time and keep the full time assistant city administrator. So to correct this error before it becomes a real problem I have canceled the initiative I filed on Friday August 1, 2008. We have fixed that problem and another we found and will file the correct Charter on Monday August 4, 2008. We are sorry about any inconvenience this may have caused but, we did not want to compound the problem. UPDATE: I did file the revised Charter with the City on Monday August 4, 2008 8:14 a.m. I am sure that there will be a meeting scheduled very shortly to assign an outside elections official to the initiative. I will post that time here and on the group site located at: http://groups.google.com/group/ourlafayetteoregonvoice I have also changed all links in news articles or recent items to the 2008 Lafayette Charter to the most current version. Previous versions can still be found in the file area under city charter section.
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Election Law Deadlines Pass - City of Lafayette Fails to Respond to Initiative Filing Chief Petitioner, Darrell Flood, filed an Initiative at Lafayette City Hall at 10:00 am Tuesday, July 15, 2008. The timeline has passed to provide the Chief Petitioner with a response as to the constitutionality of the filing. Instead, the Elections Official, Trena McManus has provided a statement advising a potential conflict of interest to Mr. Flood as well as to the Lafayette City Council. The City Administrator, Diane Rinks, and City Attorney, Andy Jordan, of Jordan Schrader Ramis, PC, have also filed letters advising the Council of a potential conflict. That leaves it to the City Council to determine a course of action, one that should have already been decided. A complaint was filed, by Mr. Flood, at the Oregon Secretary of State’s Election Office on Thursday, July 24, 2008 advising the City has violated election law. Mr. Flood has still not received a response to the initiative and the issue has been forwarded to the Council for their next scheduled meeting on August 14, 2008, per correspondence from Ms. McManus. At that point, several more timelines will have passed. Mr. Flood advises he will continue to work with the State Elections Office until the issue is resolved. The State Elections Office advises a city refusing to comply with the law has not generally been an issue before Lafayette. For more information on the Initiative click here, and the City's responses click here . I have included a copy of the text of Mr. Flood's complaint and the State Elections Division's response received on July 26, 2008. click here The story continues with Letters of Inquiry from the State Elections Division to the City of Lafayette. Darrell Flood can be contacted at 503-857-2555 Council may be contacted at the following: Mayor Don Leard 503-550-1522 Council President Michael Roberts 503-864-8004 Councilor Bob Cullen 503-864-4942 Councilor Matt Smith 503-550-3451 Councilor Art Bixman 503-864-4265 Council Robert Sweitzer 503-864-8437
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2008 Lafayette City Charter Initiative The new charter initiative has been filed at City Hall. There are a bunch of changes, all in favor of the citizen requests we have heard over the last year. Lower water rates. Much lower for many people. Free public records. Requirement of answers to questions. Places for citizens to volunteer and have input into the process. Total accounting to the citizens (financial and otherwise). More responsible use of resources. More availability of City Hall for those of us that work 9-5 Monday thru Friday. And much, much more. You asked for a solution to the problem. At first, lots of people thought that answer would be to recall the council. But, we would have been right back at the frustration point. In most cases, it is not the people, but the system. So, let’s fix the system. We did the paperwork. Now it’s your turn to show ‘em you mean it. We are currently waiting for the City to process the paperwork. They have a time frame they are allowed, and I am sure they will take the full extent of it. Once they do their part, then we will need to get signatures. A bunch of them. We will only have a few days to do this in order to get it on the ballot. Otherwise, a special election will be required. Let’s get this finished so we can all get back to our lives. Give me a call and let me know if you will be available to sign and I will start reserving time slots to get to your signature. I will be running around that week (could be the first week of August). I will be downtown with signs and I will be available at the house (287 Canyon View Drive – please call first to make sure I am here). I will be the only one collecting signatures on this charter initiative – accept no imitations. The proposed charter initiative is attached here, so feel free to read it. No changes may be made at this point. In the meantime, make sure you are registered to vote. If you haven’t voted in a while, you may not be on ‘the rolls’ anymore. You can call the County Clerk’s office and check. No one may sign the petition that is not a currently registered voter in Lafayette, Oregon. There will be those nay-sayers who will have a million reasons why we cannot afford this. Talk to my wife, Angela, and she can give you ½ a million of why we can. Thank you for all of the effort provided by all. Take back your town. Darrell Flood 503-857-2555
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Lafayette Hazard Mitigation Plan Information The newsletter we recently received in our water bills in the past few, or will receive in the next few, days is an opportunity to take part in vital planning for the City of Lafayette. We encourage you to read it through and contribute information. Many citizens here can remember the days of drought. Or the fallout from Mt. St. Helens and the impact it had. Or know what hazards the train coming through town can carry. Or, how about when we all last power winter before last for several days? While we don’t know where this idea came from, we are encouraged the city is finally beginning to take citizen needs more seriously. The last public information is that our council had directed our city staff, with much backing from our city administrator, to not spend any time or resources doing any emergency planning. Over the next few days, we will be able to provide more information to you regarding this study.
Continuing in her capacity as our citizen emergency training and contact, Bonnie Pursel has, again, stepped up to the plate and offered to work directly with citizens and with URS Corporation in providing and retrieving information. URS Corporation is the company that is providing the technical support for this effort. Please read your newsletter (or click on the one we have here if the print is too small on yours) and contribute information. Continue to stay informed about your town. Any questions can be directed to any of the following: Bonnie Pursel, Citizen Emergency Coordinator Laura Young Karen Brown And then there is always Diane at City Hall. But since we have been waiting for months for responses to anything, my personal thought is the above would be much more efficient.
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Lafayette to Burn City Property June 16, 2008 Lafayette to burn city property on June 22, 2008 between the hours of 8am and 5pm. If you live within miles of downtown Lafayette, make sure to keep your windows tight. Don’t do laundry, and come a few days, don’t you dare water your lawn. Lafayette City Administrator Diane Rinks and Fire Chief Terry Lucich have deemed the McMinnville Fire Training Tower inadequate for Lafayette’s Fire Department Training needs. Against citizen’s protests (and local ordinances), Diane Rinks and Terry Lucich will be destroying city property. They are moving forward with a ‘Burn to Learn’ of viable city resources. Diane has stated on numerous occasions this particular building contains a non-toxic mold. Citizen’s have asked for the opportunity to volunteer and do a quality deconstruction. But, quality deconstruction takes time. And is citizen friendly and sustainable. Diane Rinks has no patience for any of these things. Even our own city burning guidelines state‘ the days of burning trash, tires, plastic, petroleum products, asphalt, industrial waste or anything that creates dense smoke or noxious odors are over and gone’. To bolster the effort, Diane calls upon the town mayor, Don Leard for support of the project. Don owns the property next door to the building and is looking forward to the use of the additional parking spaces for his rental units and the avoidance of roofing shingles on his property. Although they get lost in his tall grass, he feels the building needs to go. On a side note, the council will be looking at acquiring neighboring property to the burn site to expand the city hall footprint. Would this be the same property the mayor owns? Only he and Diane know for sure. After the burn, the city council has authorized $100,000.00 to pave the square to put in parking (until the new city hall is built). It should also be noted that not one of the people involved in this decision (the administrator, the fire chief or the mayor, live in Lafayette). In Lafayette, we are hard pressed for decent drinking water. And come summer, we have no water pressure to speak of. But, apparently, we will not have the need for rationing this year. Because the fire department has thousands of gallons at their disposal for this project. This project doesn’t even calculate the cost to groundwater pollution. I support educating our fire personnel. Not 10 miles down the road is a beautiful training facility for just such a project. Does it lose something not seeing the actual destruction? If so, then our police forces should be allowed to let convicted criminals escape so they may practice their weapon firing accuracy. This is why simulation facilities exist. Technology makes actual situations no longer necessary. Greensburg, Kansas is providing an example of how to behave as a city who wants to grow and be sustainable. Lafayette, Oregon is at the other end of the spectrum. Some day, Lafayette, too, will be held as an example – of how to extinguish a town. Bring a mask and join me for an old fashioned protest. Angela Flood |
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City of Yamhill City Recorder Charged in Thefts March
7, 2008 According
to Yamhill County Sheriff Jack Crabtree, the investigation began
February 29, 2008, when official’s from the City of Yamhill requested
that Yamhill County Sheriff’s Office Detectives begin an investigation
into missing funds. “City staff identified missing deposits of cash
that had occurred over the past year. Mayor Murphy contacted an
auditing service, who determined that over $18,000.00 was unaccounted
for. The missing funds appear to be from numerous
transactions over the past calendar year” Crabtree said.
Wodarczak is cooperating with the investigation On
March 04, 2008, Detectives from the Yamhill County Sheriff’s Office
arrested Wodarczak on $15,000 security. She was later released on her
own recognizance. Anyone with information or inquiries into this case may contact Sergeant Russ Ludwig at (503) 434-7506 ext. 4580.
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City Administrator Ready to Torch City Building At the end of the city council meeting on February 14, 2008, City Administrator, Diane Rinks, advised the council of her plans to move forward on setting fire to city property, against the code of the city and the wishes of many. The referenced building was previously used as an apartment building. This building is located directly behind city hall and within yards of a private residence. Ms. Rinks advised the building currently houses public documents. But, as these documents are purged from the building, Ms. Rinks plans to have the fire department burn the building down. Citizens have asked that the building be deconstructed, due to the environmental hazard. In fact, burning the building down would be against the city’s own guidelines because of such a hazard. Ms. Rinks apparently feels that city guidelines do not apply to city property, as the fire department will be responsible for issuing the permit. Currently, city guidelines advises commercial building fires are not allowed and only yard debris, trimmings and clippings at a private home are allowed. Citizens are planning on making contact with several environmental organizations in an effort to stop this commercial burn. But, as many projects within the city are undertaken without public notice, there is no recognized timeline when this burn will take place. |
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| Citizen Warns Council About Violating Constitutional Law The following speech was presented by Lafayette resident, Darrell Flood, to the Council, at the January Council meeting. The speech included handouts referencing the U.S. Constitution, the Oregon Constitution, The Lafayette City Charter, and the Lafayette City Council Rules. The Council did not respond to Mr. Floods warning. On August 9 2007, Andy Jordan told the Council that city meetings do not, in fact, belong to citizens. He said that the council sessions "are your meetings". "Input," he said, "from citizens on matters before the city can happen only if it is permitted by those running the meeting." He also added that meetings are not meant for citizens; rather, for those elected officials who need to conduct the business of the city. Attorney Jordan said that the definition of a public meeting does not mean a meeting of the public, and you (staff and Council) have the right to accomplish your meeting without disruption. He said, "The law does not allow or require citizen input at meetings." Here is what he didn't tell you. The law is made up of what is written and what is implied, the letter and the intent. Do you understand what is meant by implied? I guess the most common example is in 'Implied Consent'. When first responders enter a room and find an unconscious person it is implied or assumed that he would like help. The Lafayette City Council Agenda has the same kind of implied consent. In the section marked 'Citizen Input on non-agenda items' it clearly states 'NON-AGENDA ITEMS'. What does this mean to you? This is the time when citizens can bring before the council whatever they have on their minds that is not on the agenda. But, if that is when citizens can bring up their own items, when can they weigh in on agenda items? The City Administrator stated in an email to my wife that it is not the policy or practice to put citizens on the agenda. This is a violation of your council rules section 5.1. I ask again, when can a citizen address agenda items? The answer is in the law. It implies that citizens would have a right to discuss or weigh in on AGENDA ITEMS. When you have items on the agenda the procedure is to have a motion, then a second and then discussion. Not just a discussion for the councilors, but for all citizens. So let's go to the law. I have given you a copy of the laws that apply to this case. You can see that the U.S. Constitution, the Oregon Constitution, The Lafayette City Charter, and the Lafayette City Council Rules all agree. The right to free speech is basic and guaranteed. You have all been given the laws that apply to all citizens. So, the next time you shut down a citizen during a discussion, you know you are violating constitutional law. Do we need to file a civil rights complaint to be heard? The following information was distributed to the Councilors for their examination. The U. S. ConstitutionAmendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The Oregon ConstitutionSection 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right. Section 26. Assemblages of people; instruction of representatives; application to legislature. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of grievances [sic]. City of Lafayette CharterAs amended by: A vote of the People on May 16, 1995 and by A vote of the People on November 5, 2002. PREAMBLE We, the people of Lafayette, Oregon, in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible under the constitutions and laws of the United States and the State of Oregon, through this charter confer upon the city the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure, and repeal all previous charter provisions of the city. Lafayette City Council Rules 5. AGENDA 5.1 The City Administrator shall prepare an agenda of the business to be presented at a regular Council meeting. The items on the agenda should follow the formal order of business prescribed elsewhere in these rules. The City Administrator, Mayor, Council Members or the public may request that a matter be placed on the agenda. The City Administrator shall have the discretion of placing an item on the agenda for the upcoming meeting or a subsequent meeting because of time constraints or time needed for compilation of materials. Requests for placement of an item on the agenda must be received by the City Administrator by 5:00 p.m. on the Wednesday a week prior to a regularly scheduled meeting. 5.2 Regular meetings shall be conducted in the following order of business, subject to the right of the mayor, with council consent, to alter the order of business:
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