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Albany candidates, measures on November 8 general election ballot

City Council & Mayor

Eleven Albany residents are seeking election to three City Council seats and the Mayor’s position in the November 8 general election.

The Mayor is elected at large for a two-year term; mayoral candidate names will appear on all ballots within the Albany city limits.  Each Council position has a four-year term, and voting is limited to residents of the ward that each Councilor represents.  A map of Albany’s City Council wards can be viewed here.

Here is the list of candidates for each position:

Mayor: 

  • Sharon Konopa 
  • Charley Smith

Council Ward I-b: 

  • Terrence Virnig
  • Mike Sykes
  • Zachary Gilliland
  • Michael (Mike) Thomson

Council Ward II-b:

  • Bill Coburn 
  • Rebecca Winters
  • Sean Bates

Council Ward III-b:

  • Rich Kellum 
  • Tré Mork

Measure 22-156

BALLOT TITLE

Prohibits certain marijuana registrants and/or licensees in Albany.

QUESTION

Shall the City of Albany prohibit recreational marijuana producers, processors, wholesalers, and retailers within the City limits?

SUMMARY

State law allows operation of registered medical marijuana processors, medical marijuana dispensaries and licensed recreational marijuana producers, processors, wholesalers, and retailers.  State law provides that a City Council may adopt an ordinance to be referred to the voters to prohibit the establishment of any of those registered or licensed activities.

Approval of this measure would prohibit the establishment of recreational marijuana producers, processors, wholesalers, and retailers within the area subject to the jurisdiction of the City. If approved, this measure will have no impact on medical marijuana processors or medical marijuana dispensaries located in Albany.

If this measure is approved, the City will be ineligible to receive distributions of state marijuana tax revenues and will be unable to impose a local tax or fee on the production, processing or sale of marijuana or any product into which marijuana has been incorporated.

EXPLANATORY STATEMENT

Approval of this measure would prohibit the establishment of certain marijuana activities within the City.

ORS 475B.400 to 475B.525 provides that the Oregon Health Authority will register medical marijuana processors and medical marijuana dispensaries.  Medical marijuana processors compound or convert marijuana into concentrates, extracts, edible products, and other products intended for human consumption and use.  Medical marijuana dispensaries facilitate the transfer of marijuana and marijuana products between patients, caregivers, processors, and growers.  ORS 475B.005 to 475B.399 provides that the Oregon Liquor Control Commission will license recreational marijuana producers (those who manufacture, plant, cultivate, grow or harvest marijuana), processors, wholesalers, and retailers.

A City Council may adopt an ordinance prohibiting the establishment of any of those entities within the City, but the Council must refer the ordinance to the voters at a statewide general election.  The Albany City Council has adopted an ordinance prohibiting the establishment of recreational marijuana producers, processors, wholesalers, and retailers within the City and, as a result, has referred this measure to the voters.

If approved, this measure would prohibit recreational marijuana producers, processors, wholesalers, and/or retailers within the City.  Medical marijuana processors and medical marijuana dispensaries can continue operating in the City even if this measure is approved.

Approval of this measure has revenue impacts.  Currently, ten percent of state marijuana tax revenues will be distributed to cities to assist local law enforcement in performing their duties under ORS 475B.760 (2).  If approved, this measure would make the City ineligible to receive distributions of state marijuana tax revenues.

Currently, under ORS 475B.345, a City may impose up to a three percent tax on the sale of marijuana items by a marijuana retailer in the City.  However, a City that adopts an ordinance prohibiting the establishment of medical marijuana processors, medical marijuana dispensaries, or recreational marijuana producers, processors, wholesalers, or retailers may not impose a local tax or fee on the production, processing or sale of marijuana or any product into which marijuana has been incorporated.  Approval of this measure would therefore prevent the City from imposing a local tax on those activities.

Measure 22-157

BALLOT TITLE

Imposes city tax on marijuana retailer’s sale of marijuana items.

QUESTION

Shall Albany impose a tax on the sale of marijuana items by a marijuana retailer within City limits?

SUMMARY

Under state law, a city council may adopt an ordinance to be referred to the voters of the city imposing up to a three percent tax on the sale of marijuana items in the city by a licensed marijuana retailer.

Approval of this measure would impose a tax, set by resolution of the City Council and not to exceed three (3) percent, on the sale of marijuana items in the city by a marijuana retailer. The tax would be collected at the point of sale and remitted by the marijuana retailer.

Under state law, a city that adopts an ordinance prohibiting the establishment of a medical marijuana processor, medical marijuana dispensary, or recreational marijuana producer, processor, wholesaler, or retailer may not impose a tax on the production, processing or sale of marijuana or any product into which marijuana has been incorporated. This measure would allow a tax rate above zero (0) percent only if the measure proposing to prohibit the establishment of any of those marijuana entities does not pass by a majority of votes.

EXPLANATORY STATEMENT

Approval of this measure would impose a tax on the sale of marijuana items by a marijuana retailer within the city. There are no restrictions on how the city may use the revenues generated by this tax. However, the tax will become operative only if the ballot measure prohibiting the establishment of certain marijuana registrants and licensees fails.

Under Measure 91, adopted by Oregon voters in November 2014 and amended by the Legislature in 2015, the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. The 2015 Legislation provides that a city council may adopt an ordinance imposing up to a three percent tax on the sale of marijuana items (which include marijuana concentrates, extracts, edibles, and other products intended for human consumption and use) by retail licensees in the city, but the council must refer that ordinance to the voters at a statewide general election. The Albany City Council has adopted an ordinance imposing a tax on the sale of marijuana items by a retail licensee in the city, and, as a result, has referred this measure to the voters.

However, this tax will become operative only if the ballot measure prohibiting the establishment of certain marijuana registrants and licensees fails. Under state law, a city that adopts an ordinance that prohibits the establishment in the area subject to the jurisdiction of the city of a medical marijuana processor, medical marijuana dispensary, or recreational marijuana producer, processor, wholesaler, or retailer may not impose a tax or fee on the production, processing or sale of marijuana or any product into which marijuana has been incorporated. As a result, if the voters pass a prohibition ordinance, this tax will not become operative, even if it also receives a majority of votes.

Elections Links

Nomination Process for City Councilors & Mayor

Nominations are made by declaration of candidacy, signed by the candidate, together with a filing fee of $5, or by the filing of a petition containing the signatures of 100 persons having the same qualifications as the office sought and an acceptance of nomination by the candidate. A person signing a petition shall sign only one petition for each office.

Qualifications as prescribed in the Charter of the City of Albany are as follows:

The candidate must be a qualified elector within the meaning of the Constitution of Oregon and have resided in the City during the 12 months immediately preceding the election and in the Ward he or she seeks to represent, in the case of Councilor, for a period of 90 days immediately prior to election.

Nominations for the November 8, 2016, General Election shall be filed on and after August 5, 2016, and before 5:00 p.m. on August 22, 2016. Forms for petitions and declarations are available at City Hall, at the Parks & Recreation Counter. Forms cannot be picked up before August 5, 2016.

Political Signs

Signs are allowed under the following regulations:

201407-Temporary Political Signs-coverDEVELOPMENT CODE 13.320 (9) POLITICAL SIGNS
Signs shall be erected and maintained entirely on private property with the consent of the occupant of the premises, and be limited to an area of 4 square feet per face in a Residential Zone and 8 square feet per face in a Commercial or Industrial Zone and a maximum dimension or height of 3 feet in a Residential Zone and 5 feet in a Commercial or Industrial Zone. Billboards are excluded from this provision. No signs shall be erected or maintained on utility poles or upon trees, rocks or other natural features. Signs shall not be erected prior to 45 days from the date the ballots are mailed to the general public, and shall be removed with 7 days after the election. Violation of this ordinance shall result in enforcement procedures against the candidate or property owner. [Ord. 5768, 12/7/11]

The Community Development Department has produced an informative brochure, "Guidelines for Political Signs," available for download.