Ms. Kirk,
Here is the packet received on March 31st from Beachcombers for the permits that were approved.
Please note page 9 and 11. At no point has the Fire Hall been mentioned in their application.
So, this is a new application for an event (it was, in fact, created at 1:57 June 10th according to the forensic meta data included in Adobe) – I have reviewed the scanned material, and it does not meet sufficiency under WMC 12.32. I’ll let Andrew argue the merits of our code and application if that is how BCD wants to spend its money and time, but I will say it is NOT in the city’s interest to preclude this portion of the event from occurring. i.e. I am accepting the application anyways once submitted by Mr. Stamp.
You are a third party, and I am having this conversation with you because frankly I am only referencing public records, and as such no information is privileged. But, the application must be made by BCD, who now has indicated they have an attorney, so I expect it to come from Mr. Stamp. As the city does not consider this a legal matter, submitting it to our attorney at this time will only potentially result in a delay resulting in non-acceptance. i.e. I am encouraging Mr. Stamp to send it to me. Or, frankly, a letter from BCD and Mr. Stamp authorizing you to act as the surrogate would also be acceptable.
As such, here is what I need:
While public property, the firehall is owned by the central coast fire district. I need a letter on COCF&RD letterhead signed by their chief executive (either Chief Mason or Board President Rede Eckerman) which gives permission for the event and releases and indemnifies the city from any and all liability by the approval of the permit. I also need the city indemnity statement signed by the same for the event on their property. Please note, this is EXACTLY what I requested from the banks and post office in the original applications before they withdrew.
On the other items:
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The insurance certificate seems sufficient. It would be appropriate to have BCD provide it to us. I will say I am surprised that it simply wasn’t included as a rider with the primary insurance. And yes, OLCC requires only $300,000. I regularly meet with one of the nation’s premier civil liability attorneys, Bill Barton. That is to say, not only did I get the advice and recommendations from CIS, which recommended following the Eugene model (which we did) but also the advice from the person who literally ‘wrote the book’ on this type of litigation. Frankly, OLCC’s requirement is negligently low.
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Music licensing – the city has conferred with Moose international corporate offices, and determined between both entities that coverage has been secured. As for Beachcomber Days, as stated previously, our license covers the city but BCD must license their performers separately. I have enclosed copies of the city licensing, and Mr. Stamp can determine what level that needs to be arranged with the performers. (these are our original contracts renewed yearly) I would highly encourage separate licensing or legal sufficiency in contracts with the musicians.
I would note – the Moose event, while simultaneous with the BCD event, is separate, and permitted and insured separately. BCD has no authority over nor rights or privileges as assigned that organization. i.e. separately permitted event. I’ve received several calls from their manager regarding claims made by Ms. Rios. This is the same messaging I am providing them.
I think it is important to note here, that again, I am providing a pathway forward without creating an undue burden and entirely within the scope of the WMC.
Thank you, Dann
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Dann Cutter
Waldport City Manager
Office: 541-563-3561 option 7
Cell: 541-270-6996
dann.cutter@waldport.org
