Indy's new council rules unconstitutional, say several attorneys
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Editorial analysis by Anne Scheck
Trammart News Service, January 31, 2025 

New city council rules that ban “grandstanding” in council meetings and limit expressions of opinion in certain circumstances were presented to the city council by City Manager Kenna West Tuesday night. However, several legal authorities said portions of these rules, if acted on, violate free speech – potentially creating liability for the city. 

The city council – with the exception of City Councilor Dawn Roden – voted to adopt the new rules. In voting no, Roden said she believes such restrictions on council member communications are aimed at silencing a minority view – she often takes a more fiscally conservative stance on the council. 

Attorneys contacted by Trammart News, as well as findings from a legal opinion by Oregon Legislative Counsel Dexter A. Johnson and an Oregon staff attorney, Geoff Briggs, say some of the new rules appear to be unconstitutional. 

Roden apparently sent an inquiry about the proposed rules to State Rep. Shelly Boshart Davis, who represents District 15; Legislative Counsel Johnson responded to Boshart Davis, singling out sections 11.3 and 11.4 of the proposed rules, which cover speech and opinion by council members. 

West said the new rules had been carefully reviewed by the city’s contracted attorney. However, she suggested to the city councilors that they could put those sections aside, for future discussion, when passing the new council rules. 

Councilor Shannon Corr declined to withdraw her motion for adopting the rules so that these two sections could be excluded. Along with Corr, councilors Marilyn Morton, Kathy Martin-Willis and Bill Boisvert voted for the new rules.  

When Roden asked West what the term “grandstanding” meant, conduct that is now prohibited, West consulted her phone to locate a definition – a description was missing from the text that she presented to the council.  

Trammart News had asked several attorneys – including the California-based First Amendment Coalition – about the feasibility of using the term "grandstand" to characterize behavior or speech, following a work session on the new council-conduct rules last summer. 

It’s vague and ambiguous and "an invitation to potential abuse," according to David Loy, legal director of the First Amendment Coalition. The terminology is open to personal interpretation, Loy explained. 

Elected officials, including city council members, retain certain rights to freedom of speech even when there is heavy reliance on Robert's Rules of Order. "They cannot be silenced or censored because of their opinions or viewpoints," Loy said.

This view was affirmed by another state attorney who practices in Oregon, outside of Polk County, who didn’t wish to be identified by name. The move by Independence could leave the city vulnerable to a lawsuit, if challenged, he said.

Several of the attorneys referred to “Article I, section 8,” of the Oregon Constitution, which states: “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.”

The move by West to change the rules of conduct arrived only days after the city of Corvallis was found by a federal judge to have violated a city councilor’s free speech by moving to expel her from the council because she pressured the city manager to fill a city job. 

Though the Corvallis city councilor apparently acted outside her authority in making the request, the action taken toward her was ruled as retaliatory – and a clear violation of the First Amendment. 

Residents of Corvallis have posted comments on social media criticizing city officials for the time and cost of the case, Ellis v. City of Corvallis. 

Independence communications director, Emmanuel Goicochea, did not respond to numerous requests from Trammart News about either the allegedly problematic use of the term grandstanding or the outcome of the recent lawsuit in Corvallis. 

City Manager Kenna West had referred to the rules – including the ban on “grandstanding” – as representative of those of other cities. Trammart News notified West at the close of the council meeting that no other city could be found that used the term “grandstand.” 

West explained that the term was used to reflect “intent.”

The city council meeting also seemed to depart from tradition in protocol: Mayor Kate Schwarzler – at her first full meeting as mayor – injected questions and observations in a way not included among the recommendations for carrying out mayoral duties in either the Oregon Revised Statutes or the Oregon Mayors Association handbook, among other references. 

The Independence City Charter spells out duties of the mayor in this way: As the presiding officer of the council and as the authority for preserving order, enforcing the rules of the council, and determining the order of business under the rules of the council.

Those who viewed the meeting seemed affected, as well. One referred to Schwarzler’s inquiry of Roden about why she hadn’t contacted State Rep. Paul Evans, rather than State Rep. Boshart Davis, as out of line. “This was just very disappointing,” said one community member, who didn’t wish to be named. “It was unnecessary – she (the mayor) was more interested in challenging her (Roden) than in the information provided,” he added. 

At one point, Schwarzler also suggested that Roden’s questions might have resulted from the fact that she was the only councilor to miss a training session about laws on ethics and public meetings, which was held the previous weekend at the Independence Civic Center. However, Trammart News has attended OGEC training sessions on the same topics in past months – they seemed to have little to do with the constitutional questions raised at the recent city council meeting. Rather, Schwarzler’s statement appeared to imply a reprimand for Roden’s absence.

As a result, Trammart News approached Schwarzler to ask about her commentary, noting that it could be seen as inappropriate, given her position as official meeting presider. Schwarzler declined to comment and referred all questions to City Manager West. 

Also included in the newly-adopted council rules is a reduction in time allotted for individual public comments at council meetings from 5 min to 3 min, which is a more common allotment time found among Willamette Valley cities.

The last time the city council rules were revised was in 2017. ▪

 (Trammart News has contacted a legal scholar to fully research free-speech implications of the new council rules. TN editorials on this issue or  others are encouraged and accepted by this news outlet.)  

Meet Marc Miller, who's seeking the newly-vacated city council seatMarc Miller, a former Monmouth city councilor, legislative aide & Independence businessman is seeking the vacant seat on Indy’s City Council

By Anne Scheck
Trammart News Service, January 31, 2025 

A familiar expression says if you want something done, ask a busy person. From the content of his resume to a visit to his thriving business, Marc Miller looks like someone who perfectly fits that time-honored quote. 

Miller has applied to fill the vacant Independence City Council seat, with a resume of political experience and community volunteerism over the past two decades that ranges from special assistant to the Oregon Secretary of State Executive Office to a member of the Monmouth City Council. Currently, he is a member of the Independence MINET budget committee and has served on several boards, including formally on the Monmouth-Independence YMCA board.  

He and his wife, Jessica, own Financial Peace Bookkeeping in the Little Mall on Main and they live near John Pfaff Park. Park access and availability is important to Miller. He is anxious to find a way to fund the parks and library, which currently seem imperiled by an anticipated budget shortfall. 

He is a graduate of Western Oregon University and, despite a career that included years of serving as a legislative staffer in the statehouse, never left the area to reside closer to the state capital. In fact, the only time he lived elsewhere was in Bend, from 2009 to 2016.  

Miller shared his love of public service – calling his time on the Monmouth City Council “the best job I ever had” – and his vision for the future with Trammart News. The questions below indicate his priorities, his commitment and the reasons he very much wants to become an Independence city councilor. 

TN. From your time on the Monmouth City Council, you know how much time it takes to be a member of a city council, which I would estimate is about 30 hours a week during some of the time for dedicated councilors. Would you agree? 

 Miller. Yes. When I served as a City Councilor in Monmouth the time commitment was nearly equivalent to a full-time job. 

TN. What would your priorities be for Independence?

Miller. I believe my vision is the same as any other citizen: a small, safe community where there is ample affordable housing, low office space rent to help attract and retain business and where essential services such as a library and parks are provided. 

TN. For someone with such a calm demeanor – the term “laid-back” springs to mind, you seem like a person in a hurry, at least when it comes to city government. Have I got that right? 

Miller. Yes. The City cannot adequately fund essential services such as public safety, library and parks and recreation. The time to implement decisions that will alter this course is short. Difficult decisions will need to be made between now and June to either fund these essential services or create a plan to limit or discontinue them.

TN. Are there ways to address that? We are now in the second month of 2025 and I haven’t heard it mentioned at length in any of the city council meetings so far this year. What are your thoughts?  

Miller. I think that rather than waiting for the city staff to provide options I think the city council should prioritize which services they believe are essential to the viability of the community. I would argue that the museum is not essential.

TN. Is there anything else you consider to be of pressing importance?

Miller. The City of Independence is in critical condition. Residential development has all but stopped because of exceedingly high system development charges. 

TN. That’s true. This week the Independence Planning Commission is expected to approve a year-long extension for Dalke Construction on Brandy Meadows, a subdivision in Southwest Independence that stopped after system development charges of more than $50,000 per housing unit were approved. So, you want to tackle problems like that right away? 

Miller. Absolutely. This should be the second priority for the city behind the water treatment plant.

The city council needs its next councilor to be someone who has prior local government experience so that they can hit the ground running with out-of-the-box ideas to create solutions for these issues. 

TN. Trammart News has been covering the city since 2016 and out-of-the-box ideas seem to have contributed to the development of some of the city’s prized assets – like the riverfront development – but also may be part of the reason there are budget shortfalls …. 

Miller. The key (issue) is can the city afford the out-of-the-box ideas? The city is over $1.5 million of its debt limit. The councilors have a hard time saying no. My motto always is, “yes, if, you increase income or decrease expenses.” 

I have both the experience and the track record of providing out-of-the-box ideas to create solutions. For example, I served as an intern for City Manager Greg Ellis to create an Urban Renewal District for the City of Independence. I then took that idea and, as a city councilor, championed the effort to create an Urban Renewal District in Monmouth. 

TN. That sounds impressive. Independence has a presentation on Urban Renewal Districts coming up, and my understanding is that it will be given by County Assessor Valerie Patoine, who is going to try to boil down the complexity  into a simple PowerPoint – a good way to take such concepts to the public. Do you have any similar ideas for helping residents understand issues? 

Miller. As I stated in my application, I continued the “Coffee and Community” idea that former Monmouth Mayor Paul Evans had. I plan to implement that avenue of communication again, if accepted on the council. 

TN. Anything else? 

Miller. Another thing I plan to do is be very present on social media (Facebook). There will be videos where I try to summarize a complex issue or a controversial one. Most importantly, I will ask for citizens’ feedback. I will then present that feedback to the council. 

When I was a city councilor in Monmouth, I hustled. I will be present at as many community gatherings as possible. I already participate in the Chamber’s Greeters Program. Financial Peace Bookkeeping is a member. 

Average folks don’t often have time to attend council meetings or office hours. That’s why I will be where the people are so as to offer as much interaction as possible. ▪

Ethics: City councilor accusation; city councilor apology

By Anne Scheck
Trammart News Service, January 31, 2025 
  
At the Independence City Council meeting Tuesday night, Councilor Dawn Roden issued a public apology for filing a financial statement – required by Oregon of all elected officials – that didn’t include her veteran disability benefits or child support payments as earned income. 

She explained that a complaint – filed by Shannon Corr, a fellow city council member – alleged she hadn’t included them on her annual “Statement of Economic Interest.”  Roden misunderstood that they should have been listed; Since she didn’t need to include either form of compensation on her personal taxes, she hadn’t done so on the state document, she acknowledged.

“I made an error and I have since rectified it,” Roden confirmed, asking to be forgiven for the mistake. “I felt terrible and promptly amended my filing.” 

And she added that, throughout the process, “I learned a great deal.” Those who were involved in handling the complaint against her at the state level “were kind, patient, and effective,” Roden said. 

Councilor Corr made no comment on the matter at the meeting following Roden’s apology, nor in a follow-up inquiry from Trammart News seeking a response.

Earlier in the week, at a hearing by the Oregon Government Ethics Commission, commissioners had voted 6-0 to pursue resolving Roden’s case. The commission chair, David Fiskum, said the likely result would be “a letter of education.” 

Prior to the vote, OGEC Director Susan Myers observed that Roden was “perfectly willing to correct it and get educated on it.” 

The statement-of-economic-interest filings are a monetary declaration, a public listing that can be used to assess sources of potential conflicts of interest in voting on government actions. 

The complaint regarding Roden isn’t the only one against a member of the Independence City Council that’s moving toward resolution by OGEC. The investigation of Mayor Kate Schwarzler is pending, with a decision expected in March. 

The complaint against Schwarzler was filed by a resident who alleged money her business received from the city for goods or services she provided to it over the years was a violation of her elected office. OGEC is specifically examining whether the city’s purchase of gift baskets constitutes such an infraction. 

Trammart News first reported on the contractual arrangements between the city and Schwarzler’s company a few years ago. In 2019, Schwarzler agreed to provide “entrepreneurship development services” for the city through her firm, Creo Solutions, with payment not to exceed $37,200. Later, on behalf of her non-profit, Indy Idea Hub, she signed an agreement with the city titled “transit planning services” for fees not to exceed $45,000. 

Schwarzler has declined to comment on the OGEC complaint to Trammart News. ▪

CSD 13J internet shutdown causes loss of learning in January, and a big worry to parents

By Anne Scheck
Trammart News Service, January 24, 2025 
  
After three days of sudden shutdown this month due to an internet failure, students at Central School District 13J now are destined to spend just as much time out of their classrooms in January as they do in them. 

The count includes a nine-day total of “forced absenteeism” – as one parent put it – stemming from a computer-server failure, days off due to winter break, time allotted for teacher development and the Martin Luther King holiday. 

Parents contacted Trammart News with concern over what they suspect may be a trend. The district approach is “we have to do what we have to do, so just accept it,” said one, who didn’t want to be named. Asked why families weren’t calling or emailing district officials with questions about how such closures could be avoided in the future, several said such challenges could be seen as airing “gripes” rather than sharing worries. 

Some parents wondered about why classes couldn’t continue – personal cell phone usage for staying connected was one line of inquiry, a temporary return to pencil-and-paper instruction was another. “The network is important to the safety and security of our students because, without internet, our phone system doesn’t work,” according to Emily Mentzer, communications coordinator for the district. “We need to ensure we can call families or emergency services in the case of an emergency,” she added.

A grant application is underway for money to fix the fragile system – switches and servers have been found to be “antiquated” – but the incident happened before the grant-proposal process was completed, Mentzer said. 

The three-day closure, which also was reported by The Oregonian, comes at a time when CSD 13J is battling relatively high absenteeism, in part by using an approach called “Every Day Matters.” 

Every day does matter, according to a Canadian team that has studied the concept of “mattering.” In-person learning seems to help convey to students that they matter – and “mattering” is now being recognized as a possible key indicator for student success, according to the researchers at the University of Ottawa. 

"For me, it wouldn’t have been very much trouble to shift to running our classroom without the internet,” said Nathan Muti, who teaches at Ash Creek Elementary School. “All of the really good learning is done offline anyway,” he said.

“I mostly use internet resources to help track student’s progress, and to help with diversifying our accommodations for students,” Muti said.  

Several other teachers echoed that sentiment, including one at Central High School who noted that, when the internet went out in the afternoon, the jump was made to a short lecture followed by a question-and-answer session that led to a fairly long discussion. ▪

These Panthers aren't just horsin' around

By Lance Masterson
For Trammart News Service, January 24, 2025


Abigail Steckel has been riding horses for five years. But a passion for the animal has been with her even longer.

“I liked horses since I was little. Always been my favorite animal. Always been intrigued by them,” she said. “I just finally got the opportunity to ride. I took it, and this is where it’s gotten me.”

Where it’s gotten Steckel this night is the 9D Ranch. She is practicing with the other four members of the Central High School equestrian team. This is the senior captain’s second year in the program. She joined the team because she wanted to get better.

“I was really looking forward to being coached.… I’ve learned so many things,” she said of the experience. “You learn so much from the other riders. You also learn to rely on them.”

This partnership between Steckel and steed (Truman) was all of two days old when interviewed. With the first meet a few weeks away, the immediate goal is to concentrate on basics.

“I just hope to ride him and get him used to doing patterns,” she said. Steckel plans to attend Oregon State University and major in veterinary sciences. Truman is a part of those plans.

“He’s my college horse,” she said.

A second captain, Rebecca Duluk, and her horse Pixie have known each other a bit longer. They’ve been a couple since August.

“She’s still pretty new … there’s still a long way to go,” Duluk said in providing a status report. “A lot of it has just been going slow and getting to know her.” Pixie is 11 years old and comfortable in her former routine. But unlike dogs, as the saying goes, you can apparently teach an older horse new tricks.

“She wasn’t trained in the type of stuff I do, so I’ve been slowly introducing her to that. I don’t overwhelm her,” Duluk said. “She’s pretty stubborn and she’s pretty smart. If I ask her to do something she doesn’t want to do, she’ll try to find a way out of it.”

Jacque Dodson knows her way around an arena as well.

“I grew up with horses,” she said. “But they were mainly pasture ponies.” Her relationship with the four-legged wonders grew stronger over the years. This bond strengthened even more after she married Dave Dodson, an avid rider, and the couple ventured beyond arenas and other urban venues. According to Jacque, “We did trail riding. We did back country horsemen. Packing horses into the wilderness,” she said. “We did the Polk County Mounted Sheriff’s Posse. Search and Rescue. That kind of stuff.”

There was less time for horse-related activities while the Dodsons raised their family. “Our kids were not horse kids. They just weren’t interested,” Dodson said. “Our kids all went different directions.”

So Jacque found other kids; kids headed in her direction. Which helps explain why she is in her sixth year as coach of the Central High School equestrian team.

“Well, the other coach decided to resign (after two years), and the kids… asked if I would consider being the coach. So I talked to the athletic director and took all the training that was necessary, and I became a coach for the first time ever,” she said of her recruitment. “To have a group of kids who want to learn, it’s been a big blessing to Dave and me.”

The Panthers squad competes at meets sanctioned by Oregon High School Equestrian Teams. Captains Duluk and Steckel head a roster that includes Madelyn Nieves, Madalyn Chase and Audrey Pelky.

Tabatha Bielemeier is in her third year as co-coach. Dave helps as needed, as do parents.

Equestrian is a club sport at Central. Though it has to be approved by high school administration and its coaches certified by the Oregon School Activities Association (OSAA), it receives no funding from the school, Jacque said.

“The first couple years parents had to pay for everything. And the last couple years, we’ve started collecting scholarships, where the kids go out into the community and ask for donations and things,” Dodson said. “But if the kids don’t go out and gather funding, parents have to pay for it themselves.” Central is one of 13 schools in the Willamette District. Statewide, there are eight districts and 800 riders.

Practice begins in November, with district meets set for February, March and April at the Linn County Fairgrounds in Albany. Riders compete in up to five individual events and as many team events as can be fielded.

“They can compete in cow events, like daubing and sorting. Then there’s the gaming events, which are barrels, poles, figure eights, flags and several others,” Jacque said. “There’s English events and Western events that they can compete in. So, it caters to (everyone).”

This year’s state finals are Thursday through Sunday, May 8-11.

There is no one-size-fits-all approach to Jacque’s coaching style.

“I think the most important thing is realizing that everybody rides at a different level, and that everybody’s goals are a little different,” she said. “You can’t teach all kids the same way. You have to teach them as individuals.”

Riders determine what success means to them.

“What makes for a successful season is our kids competing at the level that their goals are set,” Jacque added. “We have them set goals before each meet of what they’d like to accomplish. Some of these kids have been riding for a long period of time. Some of them … just got their horse the day before yesterday.”

Together, coach and rider assess whether a goal was achieved. “If they accomplished their goal, then we’re satisfied,” Jacque said.

The Dodsons have owned the 9D Ranch for 35 years. It’s the property north of Independence with the large red barn on Rogers Road.

The ranch is a landmark for members of the saddle set, as 4-Hers, team ropers and Polk County Posse members practice there. Something they’ve been doing for years.

Jacque has lived in Polk County for some 50 years, and is a former resident of Valsetz, the former timber town. Dave is a CHS alumni and worked for the school district for 30 years. ▪

Sen. Deb Patterson practices proactive ethics to push for an environmental bill

By Anne Scheck
Trammart News Service, January 24, 2025 
  
This feature, “IN ACTUALITY,” appears periodically  – to inform residents about matters that may impact them at some point, but which are part of a developing story. Microfibers in public water are beginning to undergo scientific scrutiny. State Sen Deb Patterson, who has been a member of the National Caucus of Environmental Legislators, has advocated for more studies. Independence is one of the few systems in Oregon where they’ve been reported as detected. Sen. Patterson has called for an addition to home filtration where microfibers are likely to turn up -- in wastewater from the laundry, specifically washing machines. A few facts about her bill regarding the proposed filter system. 

IN ACTUALITY
An editorial column to assist public knowledge & discourse on recent events. 

WHO: State Sen. Deb Patterson, who represents Independence, Monmouth and South Salem and who began the 2025 state legislative session this week. 

WHAT: A bill sponsored by Patterson, SB 526, calls for a new law to require equipping laundry-washing appliances with a special system that would catch and retain “microfibers,” tiny particles of plastic and other materials that are shed from some clothing, blankets and other items during laundering with water and detergent. The law wouldn’t go into enforcement effect until 2030. 

WHERE: The filter unit, made by Filtrol, was proposed to assist Sen. Patterson as a visual aid to demonstrate how the device works. The company requested that, in return for donating the special filter, it would receive a “shout-out” on social media. 

WHEN: The Filtrol filter is planned for use during the process of introducing the bill. 

WHY: Current scientific research suggests that exposure to certain micro-contaminants, including those known as PFAs, may lead to adverse health effects. However, levels of risk are largely unknown, and research is ongoing. The filtering helps keep them out of wastewater discharges from household washing, which could reduce these tiny fibers from entering local water supplies. 

HOW: When a public official like Patterson is offered something of value – the Filtrol unit is estimated to cost $159 – a state agency, the Oregon Government Ethics Commission, can help interpret whether an infraction is likely to occur under the Oregon Revised Statutes, which define what constitutes a gift to a public official. “In this situation, it appears that Filtriol’s Filer Unit is a gift to Senator Patterson’s Office rather than a gift to Patterson herself,” wrote OGEC director Susan Myers, who added that the gift clause only applies to gifts given to public officials and not public bodies. 
. 
OUTCOME: It remains to be seen whether the bill will pass into law. However, Patterson’s proactive inquiry – by her chief of staff, Megan Wai – is expected to allow use of the filter unit to proceed for demonstration purposes without any ethics challenge. ▪

Editorial: Vidal Pena belongs on the Independence City Council

An Editorial by publisher Anne Scheck
Trammart News Service, January 10, 2025 

I don’t know about you, but with the Independence City Council facing a vacancy that needs to be filled, one name springs to mind with the force of a mighty roar and the comfort of a plush coverlet: Vidal Pena. 

Let me count the ways in which this guy is needed to help guide the city, which is entering a period I believe deserves to be called a crisis. For starters, this is a town where even the city announcement about the vacant council seat is a reason for head-scratching. In this week’s agenda packet, the timeline that’s provided for the appointment process lists February 15 as the date for beginning the recruitment of applicants and Feb. 11 for the special meeting to appoint one. 

You may wonder why this all-too-human mistake grabbed my attention. After all, it’s easily correctable. But it appears on the same document where a proposed resolution asks the city council to approve a $7.5 million loan from Umpqua Bank for the design of the new treatment plant. So, numbers and dates are important – and nobody is better at them than Vidal Pena, in my personal view. 

And a personal view is just what I’ve had of this man for the past several years. How could I help it? He is everywhere. It isn’t just his visibility, which ranges from an endlessly enthusiastic kids coach to a tireless talent show emcee during Independence Days. It is because I got to see him perform so well in what arguably is the closest thing to a city council seat outside of the city council – a school board member. 

It is no exaggeration for me to say I thought he was the best one on that board during his service. Journalists are supposed to remain neutral, so my apologies if I sound biased. I am. I favor what I call the resident voice … try to hear it, consider it, take it seriously whenever that is possible. It’s often the engine that drives me to cover stories.

And no one ever reflected that resident voice on the school board like Pena. One of his most often-used phrases was “I am asking on behalf of my constituents.” The constituents included children, parents, neighbors, teachers – anyone who had brought a concern to him for further exploration. I confess I loved hearing the term, even though I had never actually considered youths and teens “constituents.” Well, now I do. 

Pena is a rare combination of fearless question-hurler coupled with the kind of personal warmth that caused one of his colleagues to call him the most likable person in town. I hope he will forgive me for singling out some aspects – a partially missing limb, his Latino heritage – as characteristics that have made him the most special kind of role model to so many. 

Months ago, I told Pena I could no longer quote him in features – that he had crossed the invisible but inviolable line into what I call unavoidably favorable prejudice on my part, which for many people is when friendship occurs. No longer can you look at someone objectively – you simply like them, regarding them in a positive light. 

There is a city council in place that, though it may surprise some, I have always defended to outsiders that I think go too far in their criticism. These are people who are volunteers, asked to read reams of sometime hard-to-interpret materials, make hard financial decisions and put themselves in a place where criticism is likely. 

Is this why some of them form such a tight-knit group that it is increasingly called an echo chamber? If so, there are some reasons for that. All have had links to local government, some monetary, that seem to bundle them together. Councilor Shannon Corr previously worked for the city’s museum; Incoming Mayor Kate Schwarzler’s non-profit and other businesses received a combined tens of thousands of dollars from the city; Councilor Marilyn Morton worked for years at the city’s co-founded municipal fiberoptic, MINET. Councilor Kathy Martin-Willis is chief of staff for Rep. Paul Evans – a position in which she succeeded Evan Sorce, who also has sought a seat on the council and now is expected to try for the vacant spot.

There is nothing inherently worrisome about affiliations with city or government operations. In fact, they may provide good preparation. But someone like Pena can step up with a different perspective – as a parent of a school-aged young person and as a member of an extended family with such deep roots in the community that their name is practically synonymous with community involvement. 

When Pena was profiled in Trammart News recently – by writer Lance Masterson because I had deemed myself too biased to engage in coverage – I was astounded to read in the piece how candidly Pena addressed his past battle with alcohol. 

This is someone who has faced adversity and didn’t succumb to it. I’ve never been able to understand where and how admirable character is forged, but Pena’s got it in droves, the kind of individual you may read about but hardly ever get to meet. 

So, I have taken this stand, controversial though it may be for me to do so. You get to know a remarkable person and you see an opportunity for them that could benefit others and, if you are as old as I am, perhaps you seize the chance to advocate in a way that surprises even you. 

Vidal Pena should be on the Independence City Council. He represents so many touchpoints in the community, with such energy.

What will happen if he is chosen? A whole lot of people would be happy, I confidently predict. And I would be one of them, of course. But then I would be faced with reporting on someone for whom I had a self-imposed ban against covering. It’s just the kind of problem I would like to have, and I hope I do. ▪

Olive trees may offer a way to expand Polk County's agricultural future

​By Anne Scheck
Trammart News Service, January 10, 2025 

Does Polk County have an agricultural future that includes substantial harvest of “liquid gold”? That question was answered, in part, by Neil Bell, community horticulturist for Oregon State University’s Extension Service, during a presentation to the Polk County Board of Commissioners Wednesday.

The liquid gold nickname was given to olive oil during the days of the Roman Empire but it’s also currently in use – a reference to the exploding market for the popular oil obtained from the pulp of olives. 

Although Spain is by far the biggest producer of olive oil, the oil has the potential for a bigger boutique market in Oregon; Olive oil is being produced and sold in Oregon, but the demand for it has been increasing. The largest number of growers are in the Willamette Valley, though olive trees constitute a negligible part of agricultural production in the state – so far. 

The demand for olive oil, in general, has been relentless, Bell pointed out in a presentation that was part of a special agenda item at the commissioners' meeting. 

He observed that grapes at one time – now covering the hillsides of numerous vineyards – were once regarded the same way. Olive tree groves "show promise," he stated. 

In 2017, Bell began a project to determine the relative hardiness to Pacific Northwest winters of 116 different cultivars, which are trees that represent different varieties often achieved by selective breeding. The cultivars were planted four years ago in 12 rows with 35 trees to a row at OSU's North Willamette Research and Extension Center near Aurora. 

The results show considerable success. Some of the cultivars seem poised for life in the beaver state. 

An assessment in spring 2024 of injury to the trees from cold weather in January 2024 – there were two consecutive nights in which temperatures dropped to 15 F – showed the cold caused significant damage to only about 19 cultivars. Many showed no or very minimal damage, Bell said.   

The most comprehensive harvest yet occurred in November 2024, with 60% of the young trees producing fruit. Significant differences in yield, the size of olives and the degree of fruit maturation were recorded.  "It is starting to get interesting," Bell said. 

To literally see the fruits of success for olives, Oregonians need look no further than Dayton, Bell said. There, Durant Olive Mill has 15 acres of olive trees and one of the relatively few state-of-the-art mills on the west coast. Each year, the harvest and milling there culminate in an annual autumn celebration for the public. “It is really something,” said Commissioner Lyle Mordhorst, who called the entire operation impressive. 

Olive trees have been prized for thousands of years in other parts of the world – an ancient diet staple. Greek mythology venerates the olive tree as a symbol of peace and prosperity, that confers good luck and offers healing powers. According to the myth, Zeus favored its creation by Athena, the goddess of wisdom, over the first battle-ready horse, which was presented to him by Poseidon, ruler of the sea. 

Olive oil became a popular food choice for many Americans following solid scientific evidence in the past decade showing health benefits. Studies have shown that, with routine use, it appears to show value in preventing cardiovascular disease, Alzheimer's disease and other health issues compared to people who never or rarely consumed olive oil, according to the American Heart Association. 

Though the research effort might sound unusual since Polk County is far from the Mediterranean, where so much of the world’s olive crop is grown, Western Oregon has a similar climate of hot and dry summers with mild, wet winters.

Also, the summers in Polk County have been getting warmer, Bell pointed out. If there are olive trees that can withstand the cold, a future larger market is reasonable to consider, he affirmed. ▪

Trammart News & Publishing: 2025 brings planned changes for the news outlet

By Anne Scheck
Trammart News Service, January 10, 2025 
   
As Trammart News & Publishing begins 2025, plans for the news outlet aim to grow connections to you, the people who inhabit Independence, and who fill this small town with great spirit, familiar faces and a strong, friendly identity. It’s been nine years since a group of neighbors asked for periodic email reports on city hall from a retired journalist, prompting the first issue of The Independent in 2016.

The time seems right for updating and refinement. What lies ahead?  A few changes and several goals.

1)  The Linking Letter is making a comeback. For those of you who remember the early days of Trammart News, a small telegraph-styled newsletter was the first actual method of communication. It was dropped during the pandemic but is making a return. 

Note: Trammart News will continue to use AOL to send The Linking Letter. Though evidence is scant, this seems to confer privacy protections that are appealing. 

2)  A new feature will debut: “The Rest of the Story.” Trammart News applauds the city for its 60-second YouTube video report following city council meetings, but sometimes there is more information that can be provided in this brief time slot. For example, grants that were mentioned in the last one frequently have need of city matching funds – funds that often are a much smaller percentage of the total grant amount but are tax-funded and worth reporting. No mention was made about grant-matching funds in the last 60-seond broadcast.

Note: The format for these 60-second video reports is newsy and conveyed by the city manager. There's an intro showing the image of a timepiece –  accompanied by a ticking sound – that's somewhat reminiscent of “60 Minutes." And Trammart News's founding watch-words – providing news for residents to become "informed and engaged” – are used, as well.

3)  More coverage of environmental issues will be provided. As the city’s new water treatment plant moves closer to reality, water chemistry – from contaminants to purification techniques – will be reported on. For instance, after Trammart News cited the fact that PFAs had been detected in city water, a scientist contacted the news outlet to urge more in-depth look at this and other emerging issues. 

Note: It is important not to be alarmist about these matters, just as Trammart News was in reporting detection of PFAs as being far below health-advisory levels. But it seems essential to make such topics a priority during a period in which tax dollars may help finance water-treatment technology. 

4)  Taxes will continue to be followed, with even more vigor. In speaking with residents over the failed ballot levy for museum-library-parks, one subject repeatedly was raised. Where do tax dollars go and how is spending decided. This prompts renewed interest by Trammart News. 

Note: Voters impressed Trammart News with their questions – a significant number of them wanted levy funding to be placed in a special category outside the general fund, expressing concern that there could be spending of money earmarked for these three public services on other city functions.

5)  The Independent, a small tab publication, will be published monthly, with no home delivery unless requested. It will be distributed at participating businesses and a listing will appear to advise readers when a new issue comes out. The Quarterly Report – a bigger, newspaper-style publication – will be home-delivered to 1,350 homes at intervals of every three months. 

Note:  The quickest way to see stories published by Trammart News is at the site where you currently are reading this story – IndyNewsOnline.com.  A link to three new articles will appear on the Trammart News Facebook page, every Friday, just as they have been during the past year. 

6)  Guest editorials will continue to be encouraged. Anyone and everyone who has an opinion will be welcomed to the news site, IndyNewsOnline.com, with very little editing except for those revisions mentioned in Trammart News’ policy statements on guest editorials. 

Note: Articles written by residents are always valued, as well – these essays don’t have to be anything but an extended thank-you note to be included. 

7)  Corrections and clarifications will continue to be sought. The pledge from Trammart News has always been to fix mistakes as soon as possible, and this will continue to be the policy. The difference this year: Trammart News would like questions and concerns to be posted on the Trammart News Facebook Page or by direct email ([email protected]). 

Note: Public online commentary that is critical of a TN news story is part of freedom of speech, but such comments may represent an assertion and not constitute a request for a factual correction. TN is happy to correct errors, and it is good practice to do so. 

8)  Donations by Trammart News will continue to be made, a move that has been considered controversial in traditional journalism. The publisher-writer-reporter and owner of Trammart News considers herself a part of the community, and from youth sports needs to the Inspiration Garden, good causes that are non-political will be supported via the Trammart Inc. checkbook, when feasible and fiscally possible. 

Note: This community more than deserves it. 

Thank you everyone. It has been nine years of ups and downs without any real doubt that serving you with community coverage is one of the best decisions I ever made. – Anne Scheck ▪

​Polk County Judge Rafael Caso, legal leadership on the bench

By Anne Scheck
Trammart News Service, December 27, 2024 

As the youngest and newest judge in Polk County’s Circuit Court, Rafael Caso, who was appointed to the bench in 2017, is part of a trio of judges for the county. These three comprise the judiciary level of law enforcement at the county courthouse. They have the responsibility to decide criminal, civil, family, and other types of legal conflicts, as well as to interpret and apply the state and federal constitutions and statutes. Their duties range from domestic disputes to guardianship cases. This profile is planned to be part of a compendium on county government that has been promised to school districts across the county as they begin to implement civics instruction as a requirement. 

Judge Rafael Caso has served as both a defense attorney in civil cases and as a prosecutor. He 
worked as an assistant attorney general with the Oregon Department of Justice and as a deputy district attorney in Josephine County. So, in this way, Caso appears uniquely qualified.

But he also seems comfortable showing a humorous side. When Trammart News passed on a question posed by a very young member of Central School District  –  Do you like the robe they make you wear, and does it get blessed? – Caso gamely answered: “I have never considered having my robes blessed.” 

He explained that he regards the robe a symbol, representing formality, decorum and seriousness and “masking the individual characteristics of the wearer” in the official process that takes place in the courtroom as a case is heard.   

Polk County District Attorney Aaron Felton called it a “privilege” to be in Caso’s courtroom. “He knows the law, and he knows the cases that come before him,” Felton said. “And if you do well in his courtroom, it is a real accomplishment because of the high standards he sets.” 

A graduate of Boise State University in 2003, with a degree in psychology, and the Florida Coastal School of Law in 2007, Caso had been a lawyer only for a decade when he was tapped to become a judge in Polk County. However, he had served as a judge – in neighboring Marion County. There he was a judge pro tempore, a position in which he performed the same duties as the regular judges when they weren’t available to do so. All judges in Oregon are elected but many, like Caso, began by being appointed by the governor when a judge who was serving vacated the office. 

Until college, Caso had never given the legal profession any thought, he said. One summer, one of his uncles invited him down to California to look at his law practice and see if “the law” was something he might be interested in pursuing. “I found the profession interesting, but terrifying – I had a fear of public speaking,” he said.

However, shortly after that trip to California, his older brother urged him to make a decision, to pick “any” trajectory for his professional life. “My brother has faced adversity and been a hero of mine for all of my adult life,” he said. “Not wanting to follow my brother in the medical field, I chose the law – and fell in love with it right away.”

In a fairly wide-ranging interview, Judge Caso answered questions about his educational background, his personal life – including the spit-lobbing llamas he helps raise – as well as answering some inquiries from youths that were provided to Trammart News in preparation for this interview. 

TN. I understand you grew up on a farm, and I know your colleague Judge Monte Campbell did, as well. So, is this good preparation for a career in law that leads to a judgeship? 

I think you learn the value of work ethic on a farm. There are things that have to be done; They cannot be put off. Time management becomes a priority – I had schoolwork and sports, but I also worked on both our family farm and the neighbor’s farm. 

TN. You said you grew up largely in Melba, Idaho, a tiny place even now. It doesn’t sound like an academic environment. 

Well, it was almost entirely agriculture. But my brother became a surgeon, and here I am, proof that the example set by my parents must have been a terrific influence. My father is from Spain and began his life here not knowing much English. They (my parents) both showed extraordinary strength and persistence in achieving the American Dream. Growing up, I remember fantasizing about being a rancher like my father, a firefighter, or a doctor. My father immigrated to the United States as a shepherd and worked his way up to foreman of a large ranch.

TN. It sounds like a pretty labor-intensive life. 

Yes, and I have the toughest dad. I believe both my parents were the strongest people I’ve ever known. They managed the ranch and then, when I was in the 2nd grade, my father suffered a disabling injury when a vehicle he was working on had a tire blow-out, right after he had started to work on it. I was about six years old at the time.  My father was permanently disabled, with a traumatic brain injury, in an accident on the ranch, and my parents needed to move off the ranch. From there, my parents built their own “retirement ranch” in Idaho. Virtually my entire childhood surrounded ranch-life.

TN. How did the family manage? 

Well, he (my father) recovered. Not really fully, but he compensated in other ways, physically. He kept going. They both did, and I saw how hard my mother and father worked, to carry on. My older brother and I learned a lot from seeing that endurance and resilience. 

TN. What else do you remember about growing up?

I remembered being loved. My family was not a family with money. We never went hungry, but both my parents worked hard to put a roof over our heads and food on the table. The table was a place where we came together as a family for meals, conversation, and fellowship. We had each other and nothing else mattered.

TN. Law school graduates generally can make more income in certain areas of law than they can on the bench, so why would you choose to be a judge with potentially less long-term earning power  – does it reflect your desire to live by a value system? 

Judges in Oregon, when adjusted for cost of living, are some of the lowest paid in the nation. My wife and I sat down and talked about what things were important to us when we made the decision for me to pursue a career in public service. 

We decided that regardless of the salary, my desire to give an honest and open hearing to the individuals appearing in court needed to be fulfilled. We have patterned our lives around that decision – we don’t drive new cars, have all the toys our friends have, or have the biggest or nicest house. 

As a civil servant, I can provide litigants a place where they can come air their disputes and hopefully obtain closure. In my specific circumstances, I suppose it does reflect my family’s desire to live modestly and provide an opportunity to the people that enter my courtroom. 

TN. Do you think your psychology degree – now a common major prior to law school application – helps you understand those in your courtroom, and those with whom you come in daily contact? Or were there other experiences from your background that help you navigate diverse personalities? 

I think both my diverse upbringing and my undergraduate degree help me in being open to all people appearing in my courtroom. Growing up, I worked as a farm hand, hoeing beans, topping corn, picking rock, digging ditches, etcetera. I grew up believing that we are all just people – regardless of someone’s skin color, gender, or even the amount of money in their possession. We all start from the same fundamental building block – humanity – but we all have a story that nobody else knows that shades how we interact with the world. 

TN. Is there a specific thought process or philosophy that you rely on when making decisions and rulings?  A way that you weigh evidence and law and ramifications? 

Yes. First and foremost, I remind myself that those who are in front of me are appearing on some of the worst days of their lives, so I always give them grace. From there, I look at the rules and filter all the facts through the rules. Sometimes this is difficult, since my personal beliefs can be contrary to the outcome of the case. When I run into this situation, I remind myself that the only fair way to decide a case is based on the rules and I put aside my personal beliefs and decide the case. 

Looking at the ramifications of a ruling is at times appropriate, for example if I am considering “what is in the best interests of a child” that is entirely a ramifications analysis. Other times, looking at the ramifications of my decision is inappropriate – for example, if a judge is acting as an activist and wanting to change the law or society and that trial judge is making a ruling in an effort to change the law or society, that is an inappropriate use of judicial position. As you know, we have a process by which laws are created and passed in different branches of government.

TN. Do you recall your most memorable trial (or issue of litigation that came before you) that you had to rule upon, and why is it your favorite?

I have heard memorable cases involving very diverse and colorful actors, but I do not have a specific favorite case. I have had a number of cases – predominantly through Drug Court, where the criminal defendant was able to earn sobriety and make positive changes in their lives that allowed for gainful employment, housing, and the return of their children. 

Through the participants’ hard work, the participant was able, with help, to remove themselves from the judicial system. That scenario is probably my favorite.

TN. Do you worry that you can make a bad decision?

Every day and in every case. This is by far the most stressful part of my job because people’s lives, freedom, reputation, and property are on the balancing scales each and every time a judge takes the bench. I believe that it is incumbent on a good magistrate to be prepared for every case that the judge hears. This includes being versed in the law, open to the specific facts of the case, observant to the arguments made in court and most importantly willing to put aside all preconceived ideas and rule only on the facts and arguments presented in the specific case we are hearing.

TN. Have you been a judge on any trial where a dog or animal is in trouble? This is another question that comes from one of the youths in the community…

I have served as a judge on animal abuse and neglect cases. The cases are often some of the harder cases for jurors to hear since many individuals hold animals in a special place in their hearts. It is important in these cases, and every case for that matter, that the judge can set aside their personal feelings and decide the case only on the facts.

TN. You still live on a farm, a small one, is that right? 

The house is on some land, but I don’t think you could call it a farm. We have llamas, chickens, rabbits, cats, and a dog. The animals are my wife’s passion, and she works with them more often than I.

TN. What do you mean?

Well, she hasn’t been spat on as often as I have. Llamas can do that when they are mad. I don’t think I made the llama mad – I think I was just in the way of the other animal  –  but I got the spit. I believe the llamas associate me with shearing time and vaccinations – so they in turn are not too keen on me.

TN. I think, for me, that would be a deterrent for future llama encounters.

I think there is learning to be gained from just about all experiences. And my children enjoy the llamas.

TN. Speaking of experience, I understand you and Judge Norman Hill, the presiding judge in Polk County, have been offering a short course for sharing your own experience and knowledge for lawyers-in-training during winter breaks at Willamette University?

Yes, we teach an intensive trial practice class during the winter break, and then a full semester course on civil and criminal trial procedure in the spring semester. We teach practical skills, what you might not get in class to that extent – giving immediate feedback on advocating for a client, selecting jurors. 

TN.  And you did that for high school students, too. Is that right? 

For a mock trial program at Grants Pass High School and then at West Salem High School. I did that for nine years. 

TN. Would you recommend this as an exercise or classroom assignment, in an abbreviated form perhaps, for schools trying to teach how courts work  –  as well as the importance of critical thinking?

Absolutely. Through my participation on a competitive trial team while in law school, I was able to hone many skills. 

For example, I was able to work on public speaking, a poker face, ability to react to esoteric arguments, etc. After I became a deputy district attorney down in Grants Pass, I coached the Grants Pass High School Mock Trial Team and later the West Salem High School Mock Trial Team. 

The students that participated in mock trial walked away with many of the same skills that participation on a competitive trial team granted me. The students got a feel for how our judicial system works and some of the limitations associated with the judicial system. They were able to pull aside the curtain and really look at the innerworkings of the judicial branch and how its parts fit together with the other branches of government.

Students who were in high school debate or interested in public speaking or just wanted to participate in the program signed up. It was a huge commitment for them. 

TN. And for you, too, I bet.

Well, it was gratifying for me. ▪

Holiday news: Santa's a local & chicken gizzard shortages

By Anne Scheck
Trammart News Service

You might think Santa only arrives once a year and you might think that the most important tree this past December was the evergreen you bought to decorate and you might think that gizzards are the last chicken part anyone would buy to celebrate this holiday season. 

Well, think again if you live in Independence.

An official Santa Claus lives in north Independence, Garry the White Oak is about to celebrate an important milestone for the town and chicken gizzards kept selling out at Jimmy’Z, making them hard to purchase for those seeking this one-of-a-kind delicacy in Polk County. 

Yes, when traditional Christmas came to the city nicknamed Indy, there were special aspects to the celebration that only came to light after intensive, intrepid, indefatigable, investigative reporting. 

This involved a red-suited Mr. Claus sitting down to announce he was a neighbor after spotting Trammart News at a table in a coffee shop plus a meeting of the Parks Committee in which the emblematic tree named Garry was openly discussed and, also, by way of the mini-explosion of a whiny customer at Jimmy’Z, after learning gizzards had sold out – again! (Okay, that was due to the author of this article becoming visibly distressed after being beaten to the gizzards by early-morning buyers at Jimmy’Z and thank you kindly store employees for accurately predicting yours truly would eventually score some with enough persistence – which I did.) 

For anyone who doubts that Independence is Santa’s big scene, meet John Hanson (photo, upper right), a year-round resident with a thick white beard, a jolly laugh and the rosy cheeks of Good St. Nick. He is the founder of Santa’s Giving Project, which was able to give away Christmas dollars for buying groceries, thanks to donations from Willamette Valley Fiber/MINET and the owners of the Independence & Dallas Grocery Outlets.  

Hanson, who has been doing this for several years, said he places special emphasis on distributing to senior and veteran families. But his bookings with children keep him as busy as charity work. After a quick stop in a coffee shop, he had six more bookings. He also accommodates pet owners who want a photo op with their cat or dog.

However, he has had to replace his Santa suit due to over-excited canine deposits, so he is more careful handling animals – kids don’t put the same wear and tear on his special garb, he said. 

Although the Christmas tree lot in Central Plaza enjoyed sales of trees – Noble Fir was a top seller and apparently a favorite of Indies of Indy – a short drive away, a special tree representing an Independence milestone was getting ready to ring in the new year. At a point where the Luckiamute and Santiam Rivers join the Willamette River, is a very young Oregon White Oak tree that is the one millionth plant to be placed by the Luckiamute Watershed Council in the local watershed. 

It is thriving in the Luckiamute State Natural Area, more than four years after a crowd of supporters watched it being planted and clinked champagne glasses to commemorate the event. 

The Oregon White Oak is significant for several reasons: It is seen as a symbol of peace – it has been planted at the World Trade Center; It helps provide habitat for the western gray squirrel, which may seem abundant but is listed as threatened in Washington and possibly declining in Oregon; And it is a refuge for many birds, including juncos, goldfinches, nuthatches, wild turkeys, and woodpeckers, according to the Oregon Department of Fish and Wildlife. 

The tree was dubbed “Garry” due to its scientific name, Quercus garryana. 

Garry is protected by a fence encircling it since it’s still too small for those who periodically care for the land to easily detect, explained Kristen Larson, former executive director of the Luckiamute Watershed Council, who was queried about it at the last meeting of Independence Parks Board. 

Chicken gizzards flew off the food shelves at the counter of Jimmy’Z this year, and there is a good reason for that. They are delicious. 

If you don’t believe me, just consider this fact. They sold out by early afternoon. Customers stopping by for gas or other essentials cleaned out all hot stock of this “grinder” chicken part by 1 pm or so. Or maybe it was chicken-gizzard holiday hoarders. Those gizzards were goners by the time a certain chicken-gizzard aficionado showed up.

Finally, a trip into the store in wee hours of the morning clinched the delectable chicken part. And this attainment made the season a little bit more satisfying for the buyer in a chewy, chomping way … ▪

A Wartime Christmas Chronicle

​By Anne Scheck
Trammart News Service

There is great consolation in knowing happy endings that happen in historically tragic circumstances – and one was described and displayed at the Heritage Museum a few years ago. There were so many who served during World War I who didn’t come home … but one young man returned to Independence in a stunning twist of fate. 

This soldier’s story bears repeating. And, in the archives of both the museum and Trammart News, perhaps it will live on, reappearing again during a future holiday season.  Special thanks go to Heritage Museum Curator Amy Christensen.

In the fall of 1918, the parents of a World War I soldier from Independence who was listed as missing in action were preparing for the saddest holiday season of their lives. On Christmas eve, they instead got a great and surprising gift – their son walked through the door.

Armine Oliver Young had been seriously injured in a battle in France, and his family was notified that his whereabouts were unknown. Finally, in October, they received a letter from him that he was in a field hospital, recovering from a bullet wound to his arm. Shortly before the clock tolled for Christmas, Young strode into his house, giving his mother and father the city’s biggest shock of the season, which landed him on the front page of the Polk County Newspaper, The Enterprise, as well as other newspapers across the county.

The story of Armine O. Young is chronicled not only in the yellowed pages of an old newspaper, but among a set of display panels at the Independence Heritage Museum. Though not currently out for public view, the true tale of the soldier’s unexpected return was unearthed by Independence Heritage Museum Curator Amy Christensen.

“I came across a small newspaper clipping with Young's story,” Christensen explained. “I found it to be a lovely expression of the sorrows, as well as the unique rejoicement involved in being a military family,” she said, noting that her own family is one of those, as well. 

The story is a poignant example of a slice of life in Independence more than a century ago. “We aim to connect visitors to history through our local personal stories,” she said. Among some visitors to the museum when this exhibit was displayed years ago, the World War I story of Young and his return home became known as “the soldier’s Christmas story.” ▪ 

School board discussion on the failed bond and placing it again on the next November ballot

By Anne Scheck
Trammart News Service
  
The $90 million school-bond defeat in the recent election may be an indication that a lot more intensive campaign of information should be waged – and not necessarily a sign that a smaller bond would find more support the next time around.

That seemed to be the consensus of a discussion among Central District School Board members at a work session Monday night. The tentative conclusion seemed to differ from that of the district’s Facilities Committee. 

School Board Vice President Susan Graham reported that the Facilities Committee – the group that helped spread the word this fall on the need for a bond – had recommended that a bond with a lower dollar amount might find more favor with voters, particularly if it was shown to place priority on addressing deferred maintenance.

In what she termed a “debriefing” from the Facilities Committee, which is comprised largely of community members, Graham noted support was voiced for a smaller bond that’s “very focused on the immediate needs” of infrastructure, ranging from playground refurbishment to interior building repairs. 

Graham added that the committee suggested a second, larger bond could be created for rebuilding Monmouth Elementary School, which would allow more time to educate voters about why there may be a need to completely replace the school.

Board members Peggy Clyne and Donn Wahl pointed out that the public might be confused by the concept of two different bonds, when one alone would cover the entire cost of what’s required. 

The safety risks at Monmouth Elementary School weren’t clear to many, observed Board Member Melanie Landon-Hays, who explained that the issue seemed to be “danced around” rather than plainly stated. “We were very polite,” she said.

“Obviously, we didn’t communicate effectively,” Wahl agreed.

If the bond is brought back nearly a year after its first, recent ballot, there would be a “bigger runway” of several months to prepare the community for another vote, Graham said.  

After the meeting, Polk County Commissioner Jeremy Gordon, who resides in Falls City, was asked in a separate interview whether he could identify the reason for success of the five-year local option in Falls City, the only place where a levy or bond was approved in Polk County this past November. It won a majority of the votes. 

Gordon stressed that it was a different kind of levy – one that provided extra activities and offerings in the schools, including additions for math, literacy and music. 

However, it did have a winning formula: community-wide support and parental involvement in the program and substantial family engagement before the ballots were even printed. “I cannot imagine not having it as an available resource,” Gordon said. ▪

Mental, physical strengths propel Panther runner

By Lance Masterson
For Trammart News Service

Ty Cirino defines “taking it easy” differently than how most of us define it.

Last month’s NXR Regional Championships in Idaho marked the end of the Central High junior’s cross country season and the beginning of a week-long break from running. Resting isn’t easy for someone who finds more comfort in perpetual motion.

Like a volcano about to erupt, Cirino was active while at rest. But instead of running 50 to 60 miles over seven days, per his more usual routine, he spent his down time climbing the rock wall at Western Oregon University, hiking and going on long bike rides.

“It’s definitely weird,” he said of the hiatus. “I wanted to run so bad. But I had to remember that it’s good to take a break, mentally and physically.”

Which doesn’t mean he has to like it.

“It’s really hard to go a week without running. That’s because I’ve been doing it for such a long time,” Cirino said. “To me, it’s just kind of how I keep myself mentally, I wouldn’t say happy, but it’s kind of my source of joy … I love it.”

With the break over, Cirino returns to his source of joy. The indoor track season starts soon. It is followed by spring track. It doesn’t matter if the Panther is running in circles or up and down hills, he is an elite talent.

Cirino is the school’s record-holder in an astounding six events: the 3,000 and 5,000 meters in cross country, the 800, 1,500, 3,000 and 5,000 meters in track.

His list of accomplishments also includes multiple high finishes at state along with district titles in the 3,000 meters (both in track and cross country). In fact, Cirino is the two-time defending Mid-Willamette Conference champion in cross country.

It depends on the season as to which is his favorite.

“During cross country season, I feel like I like … the longer races. I like cross country because it’s half mental, half physical.,” he said. “But during track, it’s fun to run those faster times, in the 800 especially, when you’re running under two minutes.”

Small wonder track programs from the universities of Oregon, Portland, Tennessee and Michigan are among those in contact with him. He does not know yet where he will run collegiately since he’s still weighing options. No matter his choice, meeting academic requirements won’t be a problem. One of the advantages of having a 4.0 grade point average.

“It would be awesome to stay close to home, if I receive an offer that I think is reasonable,” he said. “But I have no problem going out of state. It would be a fun thing to experience.”

Physical Education teacher Eli Cirino is Ty’s coach and father. Eli’s been around talented athletes his entire career. He knows what separates the very good from the great.

“Ty is average height, lean and strong with a natural long, efficient stride,” Eli said. “But he is blessed with an incredible cardiorespiratory system.”

This combination helps explains why Ty excelled at other sports that require stamina, such as basketball and soccer. He played basketball for Central through his sophomore year.

But one real advantage is Ty’s mental and physical toughness. As strenuous as his workouts are, other runners do as much. What they often don’t do are the little things.

“After every workout, I do strides, and stretching, and baths (for recovery). It’s a lot of that kind of stuff,” Ty said. “When it comes to race time, it’s hard for anybody to really lock in for a race and be able to run your fastest. I feel like I’ve gotten better over the years at getting myself in a zone to compete at my fullest.”

Nor do other runners tolerate pain as well.

“Ty has a unique relationship with pain when it comes to running. He told me once that he got to a certain place on a course and ‘shut off the pain.’ His pain tolerance is one of his greatest gifts,” Eli Cirino said. “It is essential to his success and something that all elite distance runners have.”

Ty relied on this “gift” during the final mile at this year’s state cross country championship.

“I was in a weird spot when I just didn’t have anything to motivate me except for finishing. It was a real mental battle for the last mile, and I was hurting physically,” he said. “It took a lot of mental strength to be able to finish that race.”

That strength led him to a fourth-place finish.

Another truism about competitive running is that familiarity breeds confidence. It can also mitigate some of the pain.

“I’ll go out for a run, and 10 miles is still a long run. I don’t feel runs get shorter the more you run,” Cirino said. “It’s just, again, the mental aspect of it … So those 50-mile weeks, it’s definitely not a walk in the park. It’s still work. But you know you’ve done it so many times that you get to a point, and you know you’ve done it, so you just power through it.”

One wouldn’t realize the competitor that lurks within by watching Cirino run. He possesses a cloak of serenity that seems to wear every step. It’s an aura his father has noticed.

“Mentally, Ty is very competitive, but seems to maintain a calm, mindful approach, not allowing himself to get too excited with a win or down when he doesn’t,” Eli Cirino said.

That’s partly because effort is important to the runner. “You hear people say ... if you go out and race your hardest there’s nothing you can be mad about … That’s what I try to do every race, just draw and run as hard as I can,” Cirino said. “Obviously, there’s strategy to a race. But if I feel I put my best effort out there, if I feel I gave a good effort, then there’s nothing I can change. It’s just how it is that day.”

Which isn’t to say Ty is without lofty ambition. In fact, it’s the opposite.

“Fighting for first place (at state) is my goal. I know there are some fast guys out there. But 
my goal is to always be at the top,” he said. “To progress and get my times up there with the (fastest) guys.” ▪

Katie Schaub at Ovenbird Bakery gets a big thank you from master gardeners

When the Polk County Master Gardeners Association wanted to thank Katie Schaub, the owner-operator of Ovenbird Bakery, a thank-you card simply wasn’t enough. PCGMA member Lorena Elliott contacted Trammart News for a photo opportunity and a follow-up article on the woman she described as a maker of “amazing cupcakes”  and a remarkable community asset. In the article below, which was edited for brevity, Elliott wrote a poignant account of why PCMGA is so grateful to this local baker and her bakery. --AS


By Lorena Elliott 
Guest article for Trammart News Service

Many thanks to Katie Schaub. The Polk County Master Gardeners Association purchased delectable chocolate and carrot cupcakes for their annual graduation and award celebration with real flower décor on top of the buttercream frosting. 

It’s the third year the group has enjoyed the cupcakes as their dessert for the occasion -- and PCMGA plans to serve them next year, as well. 

Katie has over 30 years of baking experience, and she had made more than 200 wedding cakes.

The celebratory cupcakes were a special, much-appreciated part of the recent PCMGA event. The PCMGA, which has about 70 volunteer members, added a dozen more members this year with the recent graduation. The PCMGA is affiliated with the Oregon State University Extension Office; It serves the county with solid training in science-based, sustainable gardening and lifelong love of learning. 

In Independence, the PCMGA is responsible for the maintenance and propagation at Inspiration Garden at Mt. Fir Park. 

(Elliott is the lead volunteer for the Herb Area during the PCMGA’s annual plant sale at the Polk County Fairgrounds and she volunteers at the Extension Office Master Gardener Help Desk in Dallas. She is also the editor of  Polk Weed, Polk County Master Gardener Newsletter, which is published monthly.) ▪

Independence Heritage Museum Director Natascha Adams departs to helm a new museum operation 

By Anne Scheck
Trammart News Service 
  
Natascha Adams, who has a master’s degree in museum studies from George Washington University, landed her position as director of the Independence Heritage Museum in an unusual way – as a former hopyard-venue manager, a business co-owner, a branch director for the YMCA and a volunteer recruitment specialist for Oregon’s Long-Term Care Ombudsman. 

But now she’s moving on to a job in the same field, as curator of exhibitions with the Benton County Historical Society. She will help oversee a museum in Philomath and one in downtown Corvallis. 

Though it sounds like a wise professional move to everyone who’s been asked about it, her incentive was the failure of the levy on the November ballot, Adams confirmed in a brief interview this week. The “uncertainty” that resulted from the levy’s defeat led her to leave “the privilege of imagining, creating, and building the museum in its new location,” she said in a letter announcing her departure. 

“I don’t fully have the words to express how much I treasure and love the community of Independence,” she added as part of her message. 

Adams lived in Independence for nearly a dozen years before moving to a different part of Polk County. She has been a force in heightening the museum's visibility since its grand reopening at the current downtown location in the spring of 2022.

Diana Lindskog, a former city councilor and long-time volunteer for the museum, is an  admirer of Adams, and she said she’s disappointed to see her go. “I am very sad about it but very happy for her, too. She did a wonderful job,” Lindskog said. 

Patty Nevue, who helms the Ella Curran Food Bank, said that Adams’ contribution to the museum is known by many. Jim Humphreys, president of the Heritage Museum Society, agreed, noting that Adams showed innovation and energy throughout her tenure. 

Jim and Amy Dawson, professors at Western Oregon University, recalled that Adams was responsible for creating the “birds of prey” exhibit that included presentations by them – they are both ornithologists – and gave educational talks at the museum with live birds of prey. 

The crowd-drawing visits were mentioned as a landmark event by many who were asked about Adams, including Humphreys, who said he considered the events an example of her fresh ideas that struck a chord with the public. 

Like Adams, he is concerned about the future of the museum.

Billy  Whisenant, commander of  American Legion Post 33 in Independence,  observed that the veterans group and the museum have shared a good  relationship – and credits Adams as helping forge it. The museum  participated in various veteran activities, including the creation of  the signage for the kiosk for the Vietnam Veterans Memorial, he noted. 

Independence had sought a five-year local tax – $1.82 per $1,000 of assessed property value – to support the city’s museum, library and parks. Without the money from the levy, funding is only assured through the end of June. The three are threatened with shutdown or shorter service hours and reduced days of operation, according to a statement published by the city. 

One idea that has been floated is enabling part-time curator Amy Christensen to step partly into Adams’ shoes, while solutions are sought for financing the museum. 

“What I am hoping for is a period of transition,” Humphreys said – time in which alternatives could be explored, perhaps in the realm of non-profit fundraising that would include more emphasis on grants and donations to start to fill in some of the financial gaps. ▪

A Trammart News Editorial Essay: City Debt in 2025. What’s Next? 

By Anne Scheck
Trammart News Service Editorial
  
The worst is yet to come, so hang on tight. Trammart News will be right there with you, every fiscal step of the way. 

A $15 million debt on the Independence Civic Center will soon require payments by the city beyond interest-only amounts, burdening the already strained general fund. Considered dead on arrival was a five-year levy aimed at restoring financial stability to the museum, library and parks. And, as the municipal audit of city finances draws to a close this month, the starting point left behind from the last audit is a million dollars over the city’s debt limit. 

What happened? A combination of longtime city spending in which warnings about these possible over-expenditures by an outside auditor went unheeded, along with longtime legal limits on property tax revenue – Measures 5 and 50 – that are putting the squeeze on other cities, too. 

The references City Manager Kenna West repeatedly made about her predecessors’ habit of relying on fund transfers seemed to take a toll on the public perception, too – these sums were revealed to add up to $15 million. “OK, I get it, she inherited the problem,” commented one homeowner. “But sitting right there (on the council) were some of the people responsible for it.” 

Another factor mentioned by residents who were queried about their skepticism over transparency included observations about the city manager’s leadership, from allegedly imparting “zero” information about the status of the municipal pool since its closure to attempts at quashing news coverage by Trammart News – with a ban that has meant the city communications director has failed to answer even basic questions from this media outlet. 

“It makes that whole thing about ‘We are trying to be transparent’ look phony,” said one. 

In fact, to check on some of the information for this editorial essay, the city’s communication director, Emmanuel Goicochea, was queried by Trammart News three times. (Once by email, once by dropping off a printed inquiry for his city hall mailbox and once by voice mail.) As is typical, there was no response. To be sure that the sums were presented fully and factually, Trammart News – Anne Scheck – made them public at the podium during the most recent city council meeting.

A few who regularly view the city council meeting seemed saddened by the last one, in which no mention was made about any upcoming discussion for meeting the challenges of the year ahead. The only cutback so far is a reduction of Independence Days from a three-day event to only two, a move approved Tuesday night. 

In what may have been her last official public act for the Independence City Council Tuesday night, City Recorder Karin Johnson – who is retiring at the end of this month – shared results of the city’s levy vote, defeated by nearly a two-to-one margin. 

To outside experts consulted by Trammart News, that means “no” votes so thoroughly outnumbered “yes” votes that a reversal is unlikely in a future attempt. And a future attempt is just what is likely to be undertaken. Let’s hope so, anyway. The apparent alternative would be to shutter these services.  

“The city now faces important decisions about the future of these departments,” according to a news release issued by the city after the bulk of the levy votes were tallied. Options for “how to proceed” are on the table, according to the posting. 

News of the more than $15 million debt on the Independence Civic Center, along with the failed levy, arrives at a time when the next monthly utility bill will include a $20 public-safety fee, instituted this coming year to shore up depletions of the General Fund for the Independence Police Department. Unlike Monmouth's city hall, the Independence Civic Center was not funded by a voter-approved bond but is an on-going debt against the general fund.

Of course, Independence isn’t the only city facing this fiscal cliff. Salem seems poised on the same precipice, as well. But part of the reason appears remarkably similar. Both cities poured investment money into new ventures for growth. 

In Salem, the city allocated large sums to its municipal airport, to encourage carriers to schedule flights in and out of the city. Independence did something similar on its riverfront, waiving system development charges to draw hotel construction for boosting tourism. However, as former Independence City Manager Tom Pessemier once pointed out, the $2 million for those riverfront SDCs should be considered a loan and paid back in full. 

As the year draws to a close, the city’s previous municipal audit shows an outstanding debt of about $37.5 million – with a general debt limit of about $36 million. Like some states, Oregon restricts city debt with a cap based on a percentage of total city assets. 

However, excess debt can remain just that, until it’s reduced; Oregon law effectively forbids cities from filing for Chapter 9 bankruptcy – only irrigation and drainage districts can do so. 

So, more loans would seem a questionable option, given the debt load – property taxes are likely to remain the primary revenue supply. “The city takes their share and that is what we have to work with,” stressed Independence City Finance Director Rob Moody in a videotaped explanation of last year’s budget. 

As Independence begins to meet these challenges in 2025, Trammart News – despite the city’s ongoing effort to keep the news outlet from fact-checking and fact-finding – will be watching spending decisions along with residents who tune into the city council and other public meetings. 

So, fasten your seat belts engaged citizens of Independence, you and I may be in for a bumpy ride. -- Anne Scheck  ▪

An illuminating tour of home holiday displays in the downtown area 

By Anne Scheck
Trammart News Service

Lights! Camera! Cocoa! 

A car ride as dusk descends on the city’s downtown is all it takes to make even the grinchiest, gloomiest, most scrooge-like spirits bright. 

The easy-to-follow route includes a Christmas tree to rival the one on the Western Oregon University campus, a house that’s become regionally famous for its spectacular illumination and a home with a front porch so covered in holiday wreaths it could pass for a forest glen. 

And Santa’s on the itinerary, too, of course. 

Grab a cup of coffee, toasty tea or hot chocolate and get on your way. There are many places to view that capture holiday magic in lights and decorations. 

Start by turning onto Gun Club Road from Hoffman Road and look off to your right. Wait a minute, you don’t even need to do more than glance! Looming like a movie set is a tree bedecked with oh-so-many lights by a house lit up the same way.

Drive a little further and keep an eye out for Williams Street. Take a left on it and prepare to be awestruck by glittering glimmer. This seasonal show has been thrilling Independence residents – and those beyond the city limits – for years. 

Get back on Gun Club Road and go all the way to the Monmouth Street intersection. Turn left and you’ll spy an entire row of houses covered with lights. Are these neighbors trying to outdo one another or simply create their own block of bright lights? Either way, it’s a sight to behold. 

Is it time to break into a Christmas carol yet? 

You can strike up a few bars of this one: “Oh, the weather outside is frightful, but the lights are so delightful. And since we’ve got nowhere to be, let’s drive to more we can see.” 

Of course, that’s not how the song really goes, but it works for this special trip. 

As you nearly reach Farnstrom Mortuary, look for Santa on your left – surrounded by shining lights, of course. When you stop at the Main Street intersection, be sure to look at Umpqua Bank, lit by bulbs framing the historic windows with a Christmas tree inside.  

Turn right and then hang another right on D Street. Off to your right is the Pink House Café, all dressed up with lights, lights, lights. 

Proceed to 4th & D streets and look to your right. The porch is packed with wreaths, dense greenery that looks as if it was plucked from a Madrigal dinner celebration.

Turn right again on 5th Street and the two houses on the left as you approach Monmouth Street are downright bedazzling. At the stop sign, turn right on Monmouth Street (again) and this time when you get to the intersection with Main, take a left. 

Drive slowly down Main Street, if you can. The luminous streetlamp poles look like candy sticks, topped with circles of holiday wreaths. The café lights festooning the sidewalks make the scene look like it’s a holiday card come to life. 

This is Main Street in Independence, all aglow, heralding the arrival of Christmas and Hanukkah on December 25. ▪

A new bond idea is set afloat at school board meeting 

By Anne Scheck
Trammart News Service

A relatively small bond that details necessary projects at each Central District building – one that completely drops a proposal to construct a new Monmouth Elementary School – likely would have a much better chance of passing this spring than the one that failed on last month’s ballot, according to Shannon Ball, a parent volunteer known for her activism in local education. 

“Go out for a smaller, specific bond that doesn’t include deferred interest,” she urged, adding that district officials should consider an exploratory committee for the outcome of Monmouth Elementary School.

Ball made her comments Monday night at the Central School District Board meeting – and her opinion was backed up by other parents, who told Trammart News they agreed with her. 

If the CSD Board presents another voter-approved bond in May that makes replacement of Monmouth Elementary School a priority, it is doomed to fail, some parents said. Though several didn’t want to be identified by name, they called for recognition of their view, warning that public opinion is likely to be altered favorably only by passage of a bond that gives near-immediate attention to current infrastructure problems. 

Taxes  are going up next year via CSD, with or without the bond, according to  one local homeowner. "This year those taxes, even without that six-cent or so increase from the bond, will go up by quite a bit," he said.  

Others  have said the district needs to emphasize swift action was taken after the "tax surprise" of 2023. The firm hired by the district to issue the  bond recommendation had advised that change; As a result, CSD no longer  retains that bond counsel for bond planning purposes, according to  district sources. 

A smaller bond could accomplish the repairs and restoration, such as fixing leaky roofs and installing appropriate drainage to make outdoor play areas fully functional at elementary schools. This would demonstrate visible gains with tax dollars, potentially paving the way for a bigger bond, a few suggested.

Lack of public “trust” and a “disconnect” with some voters were two words used by board member Melanie Landon-Hays to describe possible reasons behind the recent bond defeat. Improved communication about the “constraints we are under” would be one way to address that, she said. 

“There was also a misunderstanding that voting yes was akin to giving a blank check,” said Board Member Susan Graham, who reported on a post-election discussion by the “facilities committee,” which was largely responsible for the information campaign promoting the bond. Graham was at tabling events with pamphlets and was present at many of the tours and forums offered by the district. 

Though the school board seems to have made replacement of Monmouth Elementary School a priority, an informal survey of families conducted by Trammart News a few months ago showed the public is confused about why an entirely new school is necessary to meet safety concerns. The multiple individual doors of the “California model” by which Monmouth Elementary School was built – with many separate buildings – is seen by district officials as making it vulnerable to intruders. 

However, one of the questions posed by Ball at the meeting touched on this point: Could modifications answer that? The concept of safety being so compromised by four dozen doors seems lacking in evidence to some. 

In fact, many Southern California schools that have been built with the same general architectural plan are now protected by fencing, which was installed specifically for security purposes. The California Department of Education advises implementing what is termed “territorial protection” measures, such as fences, walls and other barriers that limit entry points to a few gates. Security cameras are also considered key by that state’s education-safety division. In her testimony, Ball called for specific language in what will be done with bond money. 

This is an approach currently being undertaken by Polk County as it prepares to launch a local-option levy. In a brief interview this week, Polk County Administrator Greg Hansen explained three critical elements that the county will be including so that voters “pretty much know precisely what they’ll be getting.” The levy aims to improve Polk County Fairground facilities. The levy hasn't been formalized or adopted for the May ballot, but a hearing on it is scheduled in early January, Hansen explained. 

The county is keeping it as low-cost as possible – 15 cents per $1,000 of assessed property value – and it spells out in detail what the money will finance, from new administrative office space to refurbishment of walkways. Those two elements – low on cost, high on specifics – are considered essential, Hansen said. 

Though county staff haven’t promoted the concept of a bond – nor can they under Oregon law – the facts showing need have been aired year after year in a public way, in Fair Board reports that show growth in attendance at the site against a background of deferred maintenance. This has been repeatedly conveyed.

Several at the county said they hope this continual message – having to work around areas of disrepair on the Fairground campus – will resonate with voters who are likely to be familiar with those circumstances by now. 

However, “we know we will have competition,” Hansen said. Both CSD and the City of Dallas are expected to have bonds on the ballot this May – and Independence seems likely to do so, as well, he noted. 

Ball said she is advocating for a “scaled-back” school bond, and pointed out that if it passes, the state will release another $6 million to the district. That could go a long way toward the enhancements being sought for schools, she said. ▪

What's behind low 3rd-grade state test scores for Latino-Hispanic students? 

By Anne Scheck
Trammart News Service
  
Recently released state test scores for third graders in Central School District indicate only 27% are at grade level in English Language Arts  – and more than twice as many white-Caucasian students show proficiency (37%) compared with Hispanic-Latino (16%). 

Is there a better way to assess such lagging students? A school board member suggested this past fall that the testing itself can be a setback for some.

Third grade is considered a make-or-break point in public education. “Research shows that students who can't read at grade level by third grade are four times more likely to leave high school without a diploma,” according to the district’s website. 

The state report shows CSD third-grade language arts scores are flat over last year; The state average for third grade is 40%. 

Latino-Hispanic students can face special stress from tests, noted CSD Board Member Jann Jobe. Earlier this fall, she observed that members of same group undergo periodic English Language Proficiency Assessment, a test measures and reports on students’ English language proficiency in reading, writing, speaking, listening, and comprehension. 

Jobe, a former teacher who served as an interim principal at Central High School, said these students can experience a deep-seated sense of failure from such testing, which may dramatically impact their attitude about school. “I have seen them in tears,” she said. 

In a brief conversation after the CSD school board meeting Monday night, Jobe said she favors, in some cases, a “portfolio approach” that would examine and evaluate student work and achievement over longer intervals of time rather than the traditional “snapshot” from a once-a-year state test.

The portfolio is a collection of student work, from essays to writing exercises, which assesses progress over months. But the portfolio method can take a lot of teacher time to provide guidance and evaluate growth, Jobe pointed out. 

Following Jobe’s comments this past fall, some community members said they also question the single-test method. Jennifer Ranstrom-Smith, a former Independence city councilor who graduated from Central High School, said there was “a cultural divide” when she attended CSD schools, and she remains concerned about those separations when the school experience should be a “melting pot.” 

However, outside support plays a big role, too, she said. “Parental, family involvement is key,” Ranstrom-Smith said. 

CSD, like other districts across the state, has been battling chronic absenteeism. However, the tide of absences seems to be turning. Last year, CSD's regular attenders were up five percent over the previous one – with substantial gains in attendance at Independence Elementary School and Central High School, said CSD Superintendent Jennifer Kubista. 

Kubista added that there has been good growth in both English language arts at the third grade level and in attendance. She made the observation at the last school board meeting.

Attendance went from 58 percent to 63 percent of students who are there regularly – defined as attending school 90 percent or more of the time. However, though a majority of white and Asian students are regular attenders, Hispanic-Latino students are lower in that metric, too. Only 58% are classified as achieving regular attendance. ▪​

When is sidewalk merchandise an intrusion? 

By Anne Scheck
Trammart News Service

What’s the difference between a curbside landscape of plants-plus-sundries and a cluttered-up sidewalk? That’s what Kay Hales, proprietor of The Collection on Main, would like to know. “It’s hard to understand,” she said.

A recent letter from the City of Independence warned her that her “outdoor display and materials outside the business” are out of order, at least to some degree. 

Just outside the storefront at 278 S Main Street is eye-catching merchandise to help capture customers as they walk by and, across the walkway under a tree is a landscape of potted plants and garden art. 

What’s not to love? That was the reaction of another merchant, who said Hales dresses up the street in a way that brings color and character to the thoroughfare.

The city mandates a five-foot-wide path for “pedestrian travel,” a clearance that appears to be the case despite the merchandise. However, the letter also appears to point out the materials aren’t allowed at all in the public right-of-way, which Hales said she finds confusing; Also, no display can be left outdoors when the business isn’t open. Statuary by the tree is heavy and nearly impossible to repeatedly lug inside, she noted. 

City Planning Manager Fred Evander, who signed the letter, was questioned about the restrictions contained within it. He acknowledged that three business have been sent notices. Also, the notifications appear to be complaint-driven – the letter is titled “Responding to Citizen Concerns.” 

When told certain seasonal decorations also seem to be violating those same rules – a line-up of pumpkins had been placed outside the portal of one store for Thanksgiving, hand-crafted items were placed outside another for sale – Evander said he wasn’t sure when enforcement would begin, or whether it would be during the holiday period. 

Asked where the city regulation could be found, Trammart News was referred to the ordinance in subchapter 33 of the city code, “Mixed Use Pedestrian Friendly Zone and Downtown Overlay Zone.” 

However, on page 16 of that section, the text states that exterior displays are allowed for a week at a time, as long as they add “to the intrigue of the public realm without detracting from the overall character of the district by creating a cluttered environment.” A rack of sweaters is pictured, apparently to illustrate what a positive addition looks like. 

Businesses that were queried had no idea about the city standard, and Hales was urged to reach out to Evander – she has indicated she intends to do so. One downtown customer who had met with Evander for professional reasons a couple of years ago said he is confident a compromise can be reached. “Fred is very collaborative,” he said. ▪