Friday, December 30, 2011

Making Healthful New Year's Resolutions That Stick

Friday, Dec. 30, 2011

MAKING A NEW YEAR’S RESOLUTION THAT STICKS

By Stephen Blakesley

Clatsop County Health Promotion Specialist

I read this morning on breaking MTV news that the rapper “50 Cent” publically declared that one of his New Year’s resolutions was to quit smoking – “... it's a very dirty, filthy habit," he said. "But not [only] is it my New Year's resolution to quit, but it's also my New Year's resolution to get my friends to quit as well."

I’m sure it’s no surprise to any of us that quitting smoking makes it onto the lists of the top ten most popular New Year’s resolutions year after year. And it should. The hard-to-break addiction remains the number one thing a person can do to improve his or her health. Also no strangers to those top ten lists are: losing weight, eating better, and exercise. These too are excellent ideas because poor choice of diet mixed with physical inactivity is the number two killer behind tobacco in America, Oregon, and not surprisingly in Clatsop County.

So if we are, in fact, focusing on the right lifestyle choices to change, why aren’t those changes sticking? When resolutions are too big or to broad we can easily get discouraged and give up on them, often before we ever even get started. So here’s what we can do to make them stick:

Motivation – Your motivation must come from within you, this must be something YOU want to do.

Start small – Instead of “eating better” start by adding a serving of fresh vegetables three days a week

Map out your steps – If losing weight is your thing, plan the steps it will take to lose the 30 pounds, don’t just focus on the thirty pounds. You have to have a plan to get there.

Change your habits – If quitting smoking is your goal and you have a cigarette every morning when you rise, change it to a glass of water, or brushing your teeth. Be prepared that it takes repeating something 200-300 times to make it a habit, so be intentional about it and stick with it.

Seek a supportive environment – My wife’s got me doing push-ups again. My straining helps her stay motivated with her own exercises…and gets me off the couch. Fifty Cent understands this. He’s going to change his environment by getting his friends to quit with him.

Announce your resolution publically – Fifty Cent’s fans will now help hold him accountable. We all want to do what we say we will do. Tell the world, make it public, you’ll be more likely to stick it out and do it!

Get help- We don’t have to do this alone. There are organizations and classes can help us.

In Clatsop County, tobacco users can turn to the Oregon Tobacco Quit Line

The Oregon Tobacco Quit Line is a free program offered over the phone and on the Web that helps Oregonians quit tobacco by offering confidential, evidence-based coaching. Contact the Quit Line at 1-800-QUIT-NOW (800-784-8669); 1-877-2NO-FUME (877-266-3863, Spanish version); or www.quitnow.net/oregon/. Callers may also be eligible for free nicotine replacement therapy, such as patches or gum.

If you want to learn more about taking charge of your health, setting goals, and making changes that address chronic conditions like heart disease, asthma, arthritis, diabetes, and other chronic health concerns, then “Living Well with Chronic Conditions” might be for you. This is a free six-week class that will get you moving towards a healthier you. To sign up call the Columbia Memorial Education Department at (503) 338-7564.

Released by:

Tom Bennett

Community Relations Coordinator

(503) 338-3622

Monday, December 26, 2011

Port Of Astoria Facing-Off With Newport Again In Possible Bid For Tillamook Air Museum Relocation?

File Photo
By:LORI TOBIAS - Associated Press/Washington Examiner
12/25/11 4:36 PM

Inside the Tillamook Air Museum, water drips from the rafters, the floor is damp and it's cold enough to make not only a coat, but hat and gloves, feel like a really good idea — even on days when you wouldn't bother with them outside.

That's the price you pay for a setting inside a World War II-era blimp hangar, billed as the largest free span wooden structure in the world, a building so big you could almost simultaneously hold six football games inside. Still, it may be a small price to pay for a tour of what the museum says is one of the "top five privately owned aircraft collections in the nation."............Read Full Article

The Daily Astorian: Clatsop Care Mill Pond Village Assisted Living Facility Clears DHS Hurdle!!


DHS to pay Clatsop Care in Mill Pond Village issue
The Daily Astorian
Posted: Thursday, December 22, 2011 10:19 am
The Oregon Department of Human Services and Clatsop Care Center Health District have reached an agreement that resolves ongoing claims by Clatsop Care over the management of funds provided through the federal Money Follows the Person grant program.DHS will pay $125,000 to Clatsop Care, including attorney fees and costs over the Mill Pond Village development project. You must be logged in with the proper services to print this article. Prior to the settlement, which was agreed upon Monday, concerns surfaced in September 2010 over proposed funding for Clatsop Care's Mill Pond Village development project using state and federal dollars from Oregon's Money Follows The Person (MFP) program, On the Move.The On The Move (OTM) program was suspended pending an internal audit to review the overall management and operation of the program.On The Move was designed to provide community options for individuals transitioning out of institutions. The MFP project, which was administered in Oregon through the OTM program and funded by a federal grant under Medicaid, assisted in providing necessary supplemental services to ensure that individuals had the support, equipment and services to thrive in the community through a person-centered approach.Up until September 2010, Clatsop Care had been working on the development of an innovative proposal under the OTM program to serve seniors and people with disabilities with challenging needs in small community settings. Based upon representations from the OTM program on the availability of OTM funding, Clatsop Care incurred certain architectural and other development expenditures in order to secure financing for the project.Following the internal audit, DHS determined that use of MFP grant funding was not appropriate for the Clatsop Care Mill Pond development project and DHS halted disbursement of funding under the MFP program for this project. As a result, Clatsop Care was unable to proceed with the development of the Mill Pond Village as originally proposed.The settlement agreement reached Monday between DHS and Clatsop Care settles existing and potential claims by Clatsop Care against DHS and the State of Oregon, including those set forth in a May 26 Tort Claim Notice, three personal service contracts and an incompletely executed grant agreement arising from the Mill Pond Site proposal for an assisted living facility.

Friday, December 23, 2011

Anti-LNG Group Looks To State Of Oregon To Undo Oregon LNG Lease At Skipanon Peninsula!

Posted: Thursday, December 22, 2011 11:39 am
By TYLER GRAF - The Daily AstorianDaily Astorian
GRP: To help formulate your thinking, above is the Audio Interview between Oregon D.O.J. and Calpine/Oregon LNG's Peter Hansen and is a very good chronology of events
Critics of a proposed LNG terminal in Warrenton are calling on state agencies to more closely scrutinize the company's lease agreement for a proposed LNG facility, which would rest on publicly owned land along the Skipanon River.With domestic natural gas prices reaching record lows, because of new techniques in obtaining the gas by hyrdraulically fracturing shale deposits underground, LNG facilities that originally planned to import natural gas are now proposing to export LNG to overseas markets.

Monday, December 19, 2011

Mobile Home Park Citation Upheld By Hearings Officer

Monday, Dec. 19, 2011

HEARINGS OFFICER UPHOLDS COUNTY CITATION AGAINST MOBILE HOME PARK

A hearings officer has ruled in favor of Clatsop County in its dispute with the owner of a mobile home park at Sunset Lake cited for numerous code violations.

In a ruling issued Dec. 16, Hearings Office Paul Elsner ordered Resources Northwest Inc. and Ken Hick, owners of Sunset Lake Resort and RV Park, to pay a fine of $4,200 and abide by rules governing the number and siting of units at the park.

The county issued Hick a compliance order last June for multiple violations of county codes including allowing too many permanent dwellings on the property, as well as allowing recreational vehicles to be used as dwelling units without proper utility connections.

According to the county, the park has contained as many 91 sites used for permanent dwellings, when under the current rules the parks is allowed only 16. Many of the recreational vehicle units are not connected to proper water, sewer or electrical service, and some are releasing “gray water” into Sunset Lake. Many are also sited on spaces smaller than allowed in rules governing RV parks, and/or are too close to the lake or nearby Lewis Avenue.

Hick and Resources Northwest Inc. challenged the county order on the grounds that the park was “grandfathered in” as a legal, nonconforming use and does not have to abide by existing county zoning rules on number, density and location of units and other requirements.

In his ruling, Elsner pointed to letters from the Oregon Department of Environmental Quality from 1997 declaring that the park was allowed a maximum of 16 mobile homes and 27 RV sites. The owners produced no evidence of approvals or permits allowing a larger number of units, Elsner said.

Under Elsner’s order, the owners have until Feb. 1, 2012 to reduce the number of units to the approved maximum, have them lawfully connected to water, sewer and electrical systems, and pay all necessary permit fees. Failure to make the changes will result in additional daily fines on top of the $4,200 penalty for each unpermitted site or space.

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

Thursday, December 15, 2011

Clatsop Transportation And Development Services Splits To Separate Departments!

Thursday, Dec. 15, 2011

REORGANIZATION SEPARATES PLANNING, PUBLIC WORKS OFFICES

Four years after the two were combined, Clatsop County’s public works and planning offices will become independent departments again.

On Wednesday the county board of commissioners approved a plan to dissolve the Transportation and Development Services Department, created in 2007 as an umbrella entity for the two offices.

Under the plan, Transportation and Development Services Director Ed Wegner will return to his original position as Public Works Director, which he first assumed in 2004. Hiller West, hired in September as principal planner, will head the Community Development Department. The change will become effective Jan. 1.

County Manager Duane Cole said the reorganization, by assigning a manager to each of the two departments, will bring better oversight to both offices at a time when each has a sizeable workload, including the various long-term projects in the draft county Strategic Plan.

Cole praised Wegner’s tenure as Transportation and Development Services director, which included the lengthy Bradwood and Oregon Pipeline liquefied natural gas land-use reviews conducted by the planning office.

“We’re excited to be getting him back over at Public Works,” Cole said. “They have a lot of projects going on, and Ed is the guy for that.”

Cole noted that West has a lengthy background in planning, including an early job with the Columbia River Estuary Study Task Force. He most recently served as planning director for the city of Monroe, Wash.

Citizens should see no change in services. Both offices will remain in their current locations – Community Development at 800 Exchange Suite 100 and Public Works at 1100 Olney Ave. – and keep their same hours.

The reorganization involves no other personnel changes. There are 45 fulltime-equivalent personnel in the various Transportation and Development Services divisions, including Community Development, road maintenance, building codes, surveyor, fisheries and parks.

Released by:
Tom Bennett
Community Relations Coordinator
(503) 338-3622

December 14, 2011 Clatsop Clatsop County board Of Commissioners Regular Meeting Highlights

Clatsop
County Board of Commissioners
Highlights
Wednesday, Dec. 14,
2011 regular meeting
Listen Full Audio Transcript Of 12/14/2011 Regular Meeting
Official minutes
available once approved by board

Planning, public
works split approved
The board of
commissioners approved a reorganization plan that divides the county’s Community
Development and Public Works departments into separate entities.
County Manager Duane
Cole told the board that the workload in both offices requires that each have
its own director. Currently the two offices are jointly directed by Ed Wegner as
Transportation and Development Services Director. The change will become
effective Jan. 1.
Under the plan,
Wegner will return to his original position as Public Works Director. Hiller
West, hired in September as principal planner, will become director of Community
Development. West has a lengthy background in land-use planning, most recently
as planning director of Monroe, Wash.
Planning and Public
Works were combined in the Transportation and Development Services Department in
2007.

Darigold funding
approved

The board approved an
amendment to the county’s contract with Groat Brothers Inc. covering the
demolition of the former Darigold Building to provide additional funding for
removal of contaminated soil and other work at the site. The original $49,850
contract approved by the board in April included an additional $7,450
contingency fund, which will be used to cover the cost of removing a fuel oil
tank from the building site. The amendment will allow spending up to another
$22,500 to pay for clean-up of soil contaminated with petroleum
product.

Medical examiner
appointed

The board appointed
Susan Heinick, MD as District Medical Examiner for Clatsop County. Heinick, an
emergency room physician at Providence Seaside Hospital, replaces Joann
Stefanelli, who resigned from the position earlier this year. Stefanelli will
continue to offer her services on a part-time basis.
The medical examiner
investigates all unattended deaths and participates in criminal investigations
as part of the local Major Crime Team.

Other
Business

In other business the
board:
-Approved a request
from Columbia County to support the participation of a Rainier company,
Rightline Equipment Inc., in the Lower Columbia Maritime Enterprise Zone. The
zone, which covers Columbia County and a portion of Clatsop County, provides tax
breaks to qualified new and expanding businesses.
-Approved a $50,000
payment to the Westport Water Association for improvements to its water system
made necessary by damage from flooding that accompanied the December 2007 storm.
The improvements, totaling approximately $500,000 and funded primarily by the
Federal Emergency Management Agency, were completed earlier this year and
involved a partnership with the nearby Wauna Water District that included
development of an additional water source, adding a chlorinator and increasing
water line capacity. The funds from Clatsop County come from the proceeds of the
tax penalty levied on Georgia-Pacific over the Lower Columbia Enterprise
Zone.
-Approved an
agreement between the Clatsop County 4-H and Extension Service and the North
Coast Food Web for the operation of the North Coast Communities Food Project, a
collaborative campaign to improve community food security, promote good
nutrition and health and support diversification of regional food production and
access. Funding comes from a Meyer Memorial Trust grant.
-Approved an
intergovernmental agreement with the State of Oregon to receive $91,306 -
$61,900 for the current fiscal year plus $29,406 carryover from 2010-11 – to
fund treatment and intervention services through the Sheriff’s Office Community
Corrections Division targeted at Measure 57 criminal offenders.
-Approved the
language of input to be given at the Dec. 15 meeting of the state Territorial
Sea Plan Working Group in Astoria, which is examining ocean-planning and
wave-energy issues off the state coastline. Among other points the input calls
for vigorous public involvement, recommends conditional-use reviews versus
restrictive zones for wave-energy projects, and seeks compatibility between the
state plan and local planning efforts.
-Conducted the first
reading
of an ordinance adopting the county’s Administrative Code. Provisions in
the code, which spells out the county’s organizational structure, board and
committee rules, contracting rules and financial policies, have previously been
established by board resolution, but county staff recommended its adoption by
ordinance so it is included in the process, currently underway, of codifying all
the county ordinances. Second reading and adoption of the Administrative Code
ordinance is scheduled for Jan. 11.
-Adopted new board
rules governing meeting procedures and protocol, committee appointments, travel
policy and other items.
-Appointed Pamela
Alegria to the Recreational Lands Planning Advisory Committee.

Tom Bennett
Community Relations Coordinator
(503) 325-1000 ext. 1312

Astoria School District Board Recognizes Astoria School Foundation

CRAIG HOPPES, SUPERINTENDENT
ASTORIA SCHOOL DISTRICT
DATE: DECEMBER 14, 2011

The Astoria School District
Board of Directors recognized the Astoria School Foundation, which was founded
in 2010. A loyal group of board members have worked diligently since its
beginning to create a mission and strategic plan that will benefit students in
the Astoria School District.

The mission of the Astoria
School Foundation is to enhance the educational experience of students in the
Astoria School District 1C through public education and financial
support.

The goal of the Astoria School
Foundation is to enhance the educational services and opportunities the Astoria
School District offers through programs including, but not limited
to:

*Providing
Innovative Educator Grants
*Celebrating
Teacher Excellence
*Celebrating
Academic Excellence
*Major Grant Projects
Developing and Maintaining a Board Reflecting Our Diverse Community
*Providing
Material Support for Astoria School District 1C

Although these goals are in the
early planning stages, the Astoria School Foundation has established a solid
framework with which to provide necessary support to fulfill its
mission.

In addition the Astoria
School Foundation is announcing the inception of available funds for four
Innovative Educator Grants in the amount of $250 each. The Innovative Educator
Grant application will be available to all educators in the Astoria School
District on January 3, 2012. The application deadline is January 31, 2012. A
formal announcement of grant recipients will take place in mid February. The
Innovative Educator Grant opportunity adheres to the mission of Astoria School
Foundation, enhancing the educational experience of students in Astoria School
District through public education and financial support. It is the goal of
Astoria School Foundation to continually provide resources to Astoria School
District that will enhance educational opportunities.

The Astoria School District
gratefully thanks Astoria School Foundation Board of Directors for their
generous time and support in the formation and work to sustain the foundation.
Astoria School District looks forward to continuing this partnership with
Astoria School Foundation to provide needed assistance to students and staff of
the Astoria School District.

23 Important Adult Truths

1.
Sometimes I'll look down at my watch 3
consecutive times and still not know what time it is.
2.
Nothing sucks
more than that moment during an argument when you realize you're
wrong.
3.
I totally take back all those times I didn't want to nap when I
was younger.
4.
There is great need for a sarcasm font.
5.
How
the hell are you supposed to fold a fitted sheet?
6.
Was learning
cursive really necessary?
7.
Map Quest really needs to start their
directions on # 5. I'm pretty sure I know how to get out of my neighborhood.
8.
Obituaries would be a lot more interesting if they told you how the
person died.
9.
I can't remember the last time I wasn't at least kind-of
tired.
10.
Bad decisions make good stories.
11.
You never know
when it will strike, but there comes a moment at work when you know that you
just aren't going to do anything productive for the rest of the day.
12.
Can we all just agree to ignore whatever comes after Blue Ray? I don't want to
have to restart my collection...again.
13.
I'm always slightly terrified
when I exit out of Word and it asks me if I want to save any changes to my
ten-page technical report that I swear I did not make any changes to.
14.
I keep some people's phone numbers in my phone just so I know not to
answer when they call.
15.
I think the freezer deserves a light as
well.
16.
I disagree with Kay Jewelers. I would bet on any given Friday
or Saturday night more kisses begin with Miller Light than Kay.
17.
I
wish Google Maps had an "Avoid Ghetto" routing option.
18.
I have a hard
time deciphering the fine line between boredom and hunger.
19.
How many
times is it appropriate to say "What?" before you just nod and smile because you
still didn't hear or understand a word they said?
20.
I love the sense of
camaraderie when an entire line of cars team up to prevent a jerk from cutting
in at the front. Stay strong, brothers and sisters!
21.
Shirts get
dirty. Underwear gets dirty. Pants? Pants never get dirty, and you can wear them
forever.
22.
Even under ideal conditions people have trouble locating
their car keys in a pocket, finding their cell phone, and Pinning the Tail on
the Donkey - but I'd bet everyone can find and push the snooze button from 3
feet away, in about 1.7 seconds, eyes closed, first time, every time.
23.
The first testicular guard, the "Cup," was used in Hockey in 1874 and the first
helmet was used in 1974. That means it only took 100 years for men to realize
that their brain is also important.

Tuesday, December 13, 2011

Claim Certain: An Interesting Idea

Public figures that affect our daily lives should be held accountable for their claims: in real-time. Claim Certain gives them no option but to be honest with us about what they know and what they do not know. Sign up to be notified when we launch our service and help change politics forever.

December 14, 2011 Clatsop County Board Of Commissioners Regular Meeting Agenda

Amendment Notice: 12/13/2011

Thursday, December 08, 2011

City Of Astoria DUII Prosecution:Clatsop District Attorney And Oregon Attorney General Answers In Objection To Motion To Dismiss By City Attorney

Transcript Of Objection To Motion To Dismiss
CLATSOP COUNTY DISTRICT ATTORNEY,

PlaintiffPlaintiff,

​v.

CITY OF
ASTORIACITY OF ASTORIA,

DefendantDefendant.

Case No. 11-243011-2430

PLAINTIFF'S
OBJECTION TO DEFENDANT'S MOTION TO DISMISS (ORCP 21A)


Department of Justice
1162 Court
Street NE
Salem, OR 97301-4096
(503)
947-4700 / Fax: (503)
947-4794



PLAINTIFF'S OBJECTION TO DEFENDANT'S
MOTION TO DISMISS (ORCP 21A)
​ 1.
​Plaintiffs, Joshua Marquis in his capacity as Clatsop County
District Attorney, and the office of the Clatsop County District Attorney, by
and through counsel, Thomas Castle, Assistant Attorney General, respectfully
objects to Defendant’s Motion to Dismiss. The Court should deny the motion
because:
​•​the Clatsop County District Attorney is the
real party in interest;
​•​the Complaint alleges facts that show a
justiciable controversy exists between the ​parties; and,
​•​there are no indispensable or necessary
parties whose absence prevents the Court
​from
resolving the controversy.
​Supporting this motion are the plaintiff’s declaration and
the Memorandum of Authorities.
MEMORANDUM OF
AUTHORITIES TC
"MEMORANDUM OF AUTHORITIES" \f C \l "1"
​ 2.
​Introduction TC "Introduction" \f C \l "2"
​Plaintiff, Clatsop County District
Attorney, asks this Court
to declare that the Clatsop County District Attorney has exclusive authority to
control and conduct the prosecution of all driving under the influence of
intoxicants (DUII) cases, and state-law criminal charges arising out of the same
criminal episode, that arise within the City of Astoria. Defendant mistakenly
believes that the controversy concerns whether DUII cases that arise in the City
of Astoria should be prosecuted in circuit court or municipal
court. The question,
however, is notwhere DUIIs should be prosecuted but rather who should control the prosecution. Based on this
misunderstanding, defendant argues (1) that the Clatsop County District Attorney is not the
“real party in interest”; (2) plaintiff’s complaint does not allege a
justiciable controversy because plaintiff has not alleged that it has standing to
bring this claim; and (3)
plaintiff’s complaint fails to name all necessary parties as
defendants.
​Defendant’s Motion to Dismiss fails as a matter of law,
because this case presents a genuine controversy between plaintiffs and
defendant. Plaintiffs contend that the Clatsop County District Attorney has
constitutional and statutory authority to control and conduct the prosecution of
all DUIIs committed in Clatsop County — including those committed within the
City of Astoria. Defendant disagrees with that proposition and believes that it
has the sole authority to prosecute DUIIs committed in Astoria. Plaintiffs’
complaint for declaratory relief seeks a resolution to that dispute; therefore,
this court should deny defendant’s motion.
​ 3.
​In
ruling on a motion to dismiss based on the pleadings, a court must “liberally
construe the pleadings and consider as true the fact’s alleged in plaintiff’s
complaint and all reasonable inferences that may be drawn from those
facts.” Especially in light of that deferential standard, this court
should deny defendant’s motion. First, plaintiffs are the real party in
interest. The complaint seeks a declaration delineating plaintiffs’
constitutional and statutory authority to prosecute criminal charges in the name
of the state; although the State of Oregon — as prosecutor — will be affected by
the outcome of the case, it is plaintiffs’ authority, status, and legal
relations with other parties that is directly implicated by this action.
Plaintiffs are the real parties in interest. Second, and for many of the same
reasons, plaintiffs have standing to bring this action; therefore, a justiciable
controversy exists. Finally, plaintiffs have named all necessary
parties as defendants to this action. Plaintiffs’ dispute is with only the City
of Astoria, because it is only the City of Astoria that refuses to allow
plaintiffs to control and conduct prosecutions of DUIIs committed within the
city.
​ 4.
​Joshua Marquis, in his capacity as the Clatsop County
District Attorney, and the Clatsop County District Attorney’s Office are the
real parties in interest in this action TC
"Joshua Marquis, in his capacity as the Clatsop County
District Attorney, and the Clatsop County District Attorney’s Office are the
real parties in interest in this action" \f C \l
"2" .
​The
purpose of a declaratory relief action is “to settle and to afford relief from
uncertainty and insecurity with respect to rights, status and other legal
relations.” A plaintiff
bringing a declaratory judgment action must have some direct involvement or
interest in the controversy; in other words, the plaintiff must be one whose
right, status, or legal relation will be affected by the
action. Declaratory
relief is appropriate to determine the statutory duties of a public
officer.
​ 5.
​Generally, if a defendant is not deprived of a defense or a
counterclaim, and a judgment in favor of the named plaintiff will fully protect
the defendant from future actions by other parties when discharged, the
defendant’s concern about the real party in interest is at an
end. A motion to dismiss
on “real party in interest” grounds is not the proper vehicle for challenging
the underlying allegations of a complaint.
​ 6.
​Here, the elected District Attorney of Clatsop County
and the office of the
Clatsop County District
Attorney are the
appropriate plaintiffs
because their authority,
status, and legal relations to
other entities and citizens are directly affected by the declaration sought. The Oregon
Constitution makes the elected district attorney the law officer for the state
in the county in which he or she is elected, and it provides for the legislature to designate
the district attorney’s duties. The legislature has provided that “[t]he district attorney
in each county is the public prosecutor therein,” and that he or she “shall attend the terms of
all courts having jurisdiction of public offenses within the district attorney’s
county, and, except as otherwise provided in this section, conduct, on behalf of
the state, all prosecutions of such offenses herein.” The question presented by this action, then, is what
specific authority does Article VII, section 17, and ORS 8.650 and 8.660 confer
on the district attorney when it provides that he or she shall “conduct” criminal prosecutions within the
county. The answer to
that question is one that will uniquely affect plaintiffs.
​ 7.
​Defendant’s argument that the State of Oregon is the real
party in interest is mistaken. Although it is true that the state — as criminal
prosecutor — will experience some indirect effects of any decision in this case,
it is not the state’s “rights, status, or legal relations” that will be
primarily affected by the prayed for declaration. Rather, this is a question
about which prosecutor —plaintiff or defendant — has authority to represent the state in the class of criminal proceedings
at issue here. More specifically, the question presented is whether the
district attorney has constitutional and statutory authority that trumps the
city’s authority to represent the state in such cases.
​ 8.
​Defendant cites several cases as authority for its argument
that the district attorney is not the real party in interest. None of those
cases, however, dictate the result defendant requests here. First, defendant
asserts that State Land Board v. Lee, stands for the proposition that “[i]f a suit is for the
benefit of the state, the state is the real party in interest.” (Mot 3).
Lee, of
course, was not interpreting the phrase “real party in interest” as it is used
in ORCP 26 A, and so provides no authority for this court on that question.
Moreover, Lee was
a case involving whether the State Land Board enjoyed the same immunity from a
statute of limitations defense as did the State as a whole. The Supreme Court
concluded that it did. Notably, however, the court did not suggest that the
action in that case had to be brought by “the State of Oregon” as opposed to the
State Land Board. State Land Board v.
Campbell, also
cited by defendant, provides a similar holding.
​ 9.
​Allen v. Craig, is also not to the contrary. There, the Supreme Court held
that a county assessor could not sue in his own
name to collect an unpaid
tax penalty, because the penalty owed belonged to the county. Here, of course,
plaintiff does not bring this action in his personal capacity. Rather, plaintiffs are Joshua
Marquis in his official capacity and the office of the elected District Attorney
of Clatsop County. The
question presented by this action is whether that office has particular
authority to direct the prosecution of all state law violations occurring within
the county. Certainly the office of the district attorney is the real party in
interest in that case.
10
​Defendant argues that this Court lacks subject matter
jurisdiction because no statute specifically authorizes a district attorney to
seek a declaratory judgment. Defendant citesGortmaker v.
Seaton, for the
proposition that a district attorney lacks standing to seek a declaratory judgment.
Gortmaker v. Seaton was dismissed because the district attorney failed to assert
sufficient facts to establish a justiciable controversy. The Court never questioned the district
attorney’s legal authority to seek a declaratory judgment. Rather, the Court found that there was no jurisdiction
because the parties’ interests were not adverse – the parties sought an advisory
opinion. Declaratory judgment plaintiffs have standing if their
rights, status or otherlegal relations” are affected by a particular law or
statute and if they have a “direct, substantial interest in the controversy.”
Marks v. City of Roseberg, 65 Or App 102, 106 (1983) citing Gaffney v.
Babb, supra at 50 Or App 623. The defendant has repeatedly denied the plaintiff’s authority
to conduct the prosecution of all DUIIs that occur within the City of Astoria.
The district attorney has a “direct, substantial interest” in that controversy
because he is being denied his legal authority to conduct the prosecution of all
criminal offenses that occur within his jurisdiction. The parties’ interests
are definitely adverse.
​ 11.
​Oregon’s courts permit state officers to seek declaratory
relief when there is a justiciable controversy between the parties’ rights,
status and legal relations TC "Oregon’s courts permit state officers to seek declaratory
relief when there is a justiciable controversy between the parties’ rights,
status and legal relations" \f C \l "2" .
​Plaintiff argues that “state offices and officers” are not
“persons” with standing to seek declaratory relief. Courts hearing declaratory judgment actions
must always determine jurisdiction, including a plaintiff’s standing, before
reaching the merits. In Frohnmayer v. SAIF, 294 Or 570 (1983), the Oregon Supreme Court
decided a declaratory judgment proceeding on the merits brought by a state
officer, Attorney General Dave Frohnmayer. The Attorney General asked the court
to declare whether SAIF could employ outside counsel and institute legal
proceedings without authorization of the Attorney General. The Oregon Supreme
Court did not question the Attorney General’s standing to seek declaratory
relief. Instead, the Court implicitly found standing and ruled on the
merits. The statutory
scheme for determining declaratory judgment jurisdiction is not exclusionary –
the court may exercise its general powers in any case where a declaratory
judgment will terminate the controversy and remove any
uncertainty. Moreover,
the statutes are to be liberally construed to settle and afford relief from
uncertainty and insecurity with respect to rights, status, and other legal
relations. The
plaintiff moved to amend the Complaint to add Joshua Marquis in his official
capacity as theClatsop
County District Attorney as a named plaintiff. Plaintiffs believe this amendment
resolves the issue of whether the plaintiff is “a
person” under
ORS 28.130.
​ 12.
​The Complaint alleges sufficient facts to establish the
existence of a justiciable controversy TC "The Complaint alleges sufficient facts to establish the
existence of a justiciable controversy" \f C \l "2" .
​Defendant argues that the Complaint fails to state a claim
for relief under ORCP 21A(8) because it does not “allege that any right of the
district attorney has been affected.” The
defense of failure to state a claim is not a proper defense in a declaratory
judgment proceeding. The
facts pled allege that Oregon law, specifically the Oregon Constitution and ORS
8.660, authorize plaintiff to conduct the prosecution of all public offenses
(with several limited exceptions not relevant here) that occur within Clatsop
County including DUIIs. The plaintiff has first requested then instructed the
defendant to turn over all DUIIs to his office for prosecution. Defendant has
either ignored the requests or expressly refused. Plaintiff seeks a declaration
that 1) he has exclusive authority to conduct the prosecution of all DUIIs, and state-law criminal
charges arising out of the same criminal episode, that arise within the City of
Astoria; and, 2) supplemental injunctive relief to enforce the requested
declaration. There is an actual and substantial controversy between parties
having adverse interests. There is an ongoing present dispute because defendant
refuses to allow the plaintiff to conduct all DUII prosecutions that arise in
the City of Astoria. The Court’s declaration will resolve any uncertainty and
settle the dispute.
​ 13.
​The plaintiff seeks a determination as to the scope of his
authority – not the rights of the public or others TC "The plaintiff seeks a determination as to the
scope of his authority – not the rights of the public or
others" \f C \l
"2" .
​Defendant asserts that the Declaratory Judgment Act only
permits a plaintiff to seek a determination of “the person’s own
rights.” Defendant
correctly argues that Oregon law does not permit a declaration as to the rights
of others or as to some public right. The legislature invested the district
attorney with the authority to conduct the prosecution of all public offenses
that allegedly occur within the district attorney’s county. The defendant
disputes the plaintiff’s authority to conduct the prosecution of DUII’s that
arise within the City of Astoria. The Court’s decision will determine if the
scope of the district attorney’s authority includes the prosecution of all
DUII’s that allegedly occur in the City of Astoria. But the declaration will
not determine the rights of the public or others.
​ 14.
​There are no other indispensable or necessary
partieswho have or claim an interest in the subject matter of this
proceeding which would be affected the Court’s
declaration.TC
"There are no other indispensable or necessary parties that
claim an interest in the subject matter of this proceeding" \f C \l "2"
​Defendant urges dismissal because plaintiff failed to include
as party-defendants all other Oregon cities with municipal
courts. ORS 28.110
requires that a plaintiff include as defendants “parties who have or claim any interest which
would be affected by the declaration.” The dispute is solely between the Clatsop County District
Attorney and the City of Astoria. The issue is the plaintiff’s authority to
conduct prosecutions of cases that arise within defendant’s boundaries. No
other municipality will be affected by a declaration herein.
​a.​Other Clatsop County municipalities can not be joined because
their rights and interests are not adverse to plaintiff TC "a.​Other Clatsop County municipalities can not be joined because
their rights and interests are not adverse to plaintiff" \f C \l "3" .
​Oregon law limits plaintiff’s jurisdiction to Clatsop
County. The other cities
within Clatsop County already permit the plaintiff to conduct all DUII
prosecutions. While the
requested declaration may affect their rights or legal relations, those cities
could not be joined because their interests are not adverse to
plaintiff. There is no
dispute or controversy between plaintiff and the other Clatsop County
municipalities that would permit them to be joined in this proceeding. The
other Clatsop County cities do not “have or claim any interest which would be affected by the
declaration” ORS
28.110
​b.​Cities with municipal courts outside of Clatsop County do not
have any interest that would be affected by the declaration sought by
plaintiff TC
"b.​Cities with municipal courts outside of Clatsop County do not
have any interest in that would be affected by the declaration sought by
plaintiff" \f C \l
"3" .
​There
is no justiciable controversy between the Clatsop County District Attorney and
other cities with municipal courts that would permit those cities to be joined
in this proceeding. Plaintiff requests a declaration regarding his authority to
prosecute DUIIs that occur within the City of Astoria. An Oregon district
attorney does not have authority to conduct the prosecution of public offenses
outside of the county where he or she is elected. The Complaint asks the Court to declare the
scope of the Clatsop County District Attorney’s authority to conduct the
prosecution of DUIIs in Clatsop County. Cities outside of Clatsop County “do
not have or claim any interest which would be affected by the declaration”
anymore than all the other citizens of Oregon. If cities outside of Clatsop
County were joined as party-defendants, they could successfully argue that 1)
their interests are not adverse to plaintiff, because plaintiff does not have
authority to prosecute cases outside of Clatsop County; and, 2) there is no
controversy involving present facts that other cities and the Clatsop County
District Attorney, or any other district attorney. While other cities may have an opinion
regarding this proceeding, they are not involved in the controversy between the
Clatsop County District Attorney and the City of Astoria.
CONCLUSION TC "CONCLUSION" \f C \l "1"
​This
case presents an ongoing and present dispute between plaintiffs and defendant
over what constitutional and statutory authority plaintiffs have to control and
conduct prosecutions of DUIIs (and crimes that arise out of the same criminal
episode) that occur within the city limits of Astoria. Plaintiffs contend that
the Clatsop County District Attorney has constitutional and statutory authority
to control such prosecutions; defendant contends that the city attorney — acting
at the direction of the city council — has authority that trumps the district
attorney’s authority. This dispute is between the district attorney (and his
office) and the City of Astoria. Consequently, the district attorney and his
office are the proper plaintiffs with standing in this case and the City of
Astoria is the only proper defendant in this case. Defendant’s belief that its
authority trumps that of the district attorney is not a reason to dismiss this
case at this point; rather, it is a reason to deny the motion to dismiss so this
court can resolve this ongoing dispute and declare authority, status, and legal
relations of the parties. Plaintiffs respectfully request this court to deny
defendant’s motion to dismiss.
​DATED
this day of December, 2011.

​Respectfully submitted,
​JOHN
R. KROGER
​Attorney General

​THOMAS CASTLE #890321
​Assistant Attorney General
​Trial Attorney
​Tel (503)
947-4700

Clatsop County District Attorney Josh Marquis: Oregon Governor Should Respect The Rule Of Law On Death Penalty

By JOSH MARQUIS
Clatsop County District Attorney
December 8, 2011

The state's district attorneys are responsible for ensuring that we are in fact a society that observes the rule of law.For that reason, many of us are profoundly disturbed by Gov. John Kitzhaber's abrupt pronouncement that no jury's verdict of death will be carried out during his term.
Kitzhaber's personal opposition to capital punishment has never been a secret, and yet when he ran for governor, some of us who are in favor of the death penalty as the ultimate punishment endorsed him. That was in part because the governor had respected the rule of law when it came to the execution of Douglas Franklin Wright in 1996, saying he (the governor) was "sworn to uphold the law and could not and would not intervene."That was the right decision legally and morally, and it respected the will of Oregonians, who twice in the past 30 years - in 1978 (by 64 percent of the vote) and then again in 1984 (by 75 percent of the vote) - have voted to reinstate capital punishment.
Gary Haugen, who was hoping for just this act by the governor, is not on death row for his first murder, but for his second murder, that of an inmate Haugen killed while doing a life sentence.
Sentencing someone to prison should not mean a sentence to "gladiatorial combat," and, yet, surely there are other sociopaths in prison who now have little to fear from committing another murder, of a corrections officer or inmate.
The governor cited a "broken system" that he called a "perversion of justice." No one on Oregon's death row has ever made a credible claim of actual innocence. No one has ever been removed from death row for police or prosecutorial misconduct.
He cited a U.S. Supreme Court decision a few years ago that banned the execution of murderers who committed their crimes before the age of 18. Oregon has never allowed such executions.
The governor cited problems in other states that have functionally abolished capital punishment without any input from voters. In 2006 voters in Wisconsin ap-proved an advisory measure to bring back the death penalty, which had not existed there since before the Civil War. The Legislature ignored their vote. In fact, the last time voters abolished the death penalty was in 1964 - here in Oregon.
Oregon voters made very clear their support of the death penalty in 1978 and, after the state Supreme Court overturned that vote, again in 1984. Since then, polls have shown even greater support for the option of death for certain killers who commit the worst kind of murder.
Look at the people who populate Oregon's death row and you'll understand why the editorial board of The Oregonian has distinguished Oregon from other states. We host Jesse Caleb Compton, who in 1997 sexually assaulted and murdered 3-year-old Tessalyn O'Cull. Conan Hale tortured and killed three young teenagers. Dayton LeRoy Rogers is a serial killer of women. All of those killers, and everyone else on death row, received excellent representation, often two or even three lawyers as well as a team of investigators, mitigation specialists and psychologists.
Studies show Deterrent Evidence-Based studies referenced by former University of Chicago law professor Cass Sunstein, now a member of President Obama's Cabinet, show that there is both a specific deterrent to capital punishment (Ted Bundy will never again kill a young woman) and also a general deterrent.
Statistics from the federal Bureau of Justice Statistics show that while use of the death penalty increased by 26 percent in the first decade of the new millennium, the murder rate went down 22 percent in the same time period over the previous decade.
Oregonians are entrusted to make the most important decisions about their laws, from sentencing to end-of-life issues, and Oregon has a long tradition of listening to the voters when they make their will clear, so long as it does not violate the state or federal constitution.
Both state and federal courts have ruled that Oregon's capital punishment laws pass constitutional muster. Oregon prosecutors rarely ask for the death penalty, and jurors even more rarely impose it.
The "conversation" about the death penalty that the governor now wants has been ongoing for years. It can and should continue without casting aside the extraordinarily difficult decisions made by jurors, such as those who voted for death for Joshua and Bruce Turnidge, who intentionally exploded a bomb that murdered two police officers and grievously crippled a third. Or for Angela McAbulty the first woman sent to Oregon's death row in half a century, for the horrific torture murder of her own daughter. Or, for the fourth time in 22 years, for Randy Guzek, for the 1987 execution of Lois and Rod Houser.
The unique intersection of democracy and justice that is the death penalty must be respected

The Case Of Crystal Cox - "BLOGGER"!

Crystal Cox, Oregon Blogger, Isn't a Journalist, Concludes U.S. Court--Imposes $2.5 Million Judgement on Her
By Curtis CartierTue., Dec. 6 2011 at 6:00 PM

​A U.S. District Court judge in Portland has drawn a line in the sand between "journalist" and "blogger." And for Crystal Cox, a woman on the latter end of that comparison, the distinction has cost her $2.5 million.Speaking to Seattle Weekly, Cox says that the judgement could have impacts on bloggers everywhere.

Wednesday, December 07, 2011

Watch This

State Of Oregon Asks FERC To Revoke Jordan Cove License Application


Published: Monday, December 05, 2011, 2:14 PM
Updated: Monday, December 05, 2011, 3:05 PM
By Ted Sickinger - The Oregonian

The state of Oregon has asked federal regulators to revoke their approval of a proposed liquefied natural gas terminal in Coos Bay and reopen the record so the state can submit evidence that a revised terminal proposal is not in the public interest.

The Federal Energy Regulatory Commission conditionally approved the Jordan Cove LNG import terminal project and the associated, 234-mile Pacific Connector pipeline in December 2009.

Monday, December 05, 2011

Northwest Coast's Readiness For Oil Spills Drops, Risks Increase

(Bogdan Kocemba Photo In Marine Traffic.com)
OPB
Ashley Ahearn - Seattle
December 5, 2011
Every year, vessels carry more than 15 billion gallons of oil and fuel through Pacific Northwest waters, putting Washington and Oregon at constant risk of spills that could cripple parts of their economies and devastate marine life and environmentally sensitive shorelines.

Saturday, December 03, 2011

The Hickson Heist!(Updated)10-21-2011 Daily Astorian Regrets Errors In Publication Of Story!

(Daily Astorian Photo)
Hickson Article Erred
Posted: Friday, October 21, 2011 11:53 am

The Daily Astorian published an article on Oct. 7, 2011, relating to a decision by the Port of Astoria to transfer a contract for ship servicing from Anchorage Launch Services to a vessel called the Hickson, owned by the Nisqually Indian Tribe. The article appeared under a headline that read, “The Hickson heist.”

The word “heist” in that headline was rhetorical hyperbole and was meant in a figurative sense. The Daily Astorian is not aware of any evidence that any person or entity named in the article engaged in any criminal activity in connection with the Port’s decision, and The Daily Astorian did not intend to suggest that there is any such evidence.

The article also stated that Port Commissioner Floyd Holcom “contacted the tribe and suggested its members could benefit from the business.” According to Holcom, he did not initiate any contact with the tribe in connection with this matter. Rather, he says, it was Dennis Lucia, general manager of Nisqually Aquatic Technologies, who contacted Holcom about the matter. The Daily Astorian has no information to the contrary.

Finally, the article quoted an email from Lucia to Port Director Jack Crider, in which Lucia stated that “Floyd advised me that the Hickson might be put to use for line handling.” Holcom denies that he made any such statement to Lucia. According to Holcom, he told Lucia that he did not know anything about line handling and that Lucia should call Crider.

The Daily Astorian regrets publication of the errors.

(Update)Holcom;"There Was No Heist"
Posted: Friday, October 7, 2011 12:04 pm Updated: 10:46 am, Sun Oct 9, 2011.

The Daily Astorian


For two decades, in fair weather or foul, tiny vessels operated by Anchorage Launch Services chugged out from their Astoria waterfront moorings to service the giant ships that sail across the Columbia River bar and seek refuge on the south bank.

A phone call changed everything.

It came from the Port of Astoria. And it had the effect of a pink slip: Anchorage’s line-handling services were no longer required

Read Full Article

Occupy Astoria? Occupy What?

(HipFish Monthly Photo)
The Daily Astorian tells us…..“The next Occupy Astoria action will take place noon Saturday. Protesters will walk through downtown Astoria, starting at the Astoria Post Office, to support small, local businesses.
For more information, call (503) 440-0978 or visit
www.occupyastoriaoregon.org

There was a time when the "Hippie Movement" in America was just getting under way, there were actually people that worked all week in their coats and ties in their conservative, hum-drum everyday jobs until Friday and Saturday nights when they would actually dress-up in fresh "Hippie" attire and trendy new long-haired wigs and go out for a weekend of experiencing what that movement brought and then on Monday morning get back to the "Rat Race".

Sometimes lately, in trying to figure out just exactly what this "Occupy Movement" is all about, that image of those part-time "Hippies" passes across my mind's eye as it seems the players in this effort appear to take it no more seriously than that...."Activism For The Hoot"?

Chazz Lake,on "Occupy Astoria's" Facebook page, has it right....You want to occupy Astoria and demonstrate for effective change in a public agency that seems to have become an island unto itself with no sense of accountability to whom it serves, then you are looking at a prime candidate in The Port of Astoria, in my view and its recent history over the last 5 or 6 years proves it out but, our “Astoria Occupiers” want to go frolicking up and down Commercial street on a Saturday pimping the patronization of our local businesses which most of us do anyway and besides, shouldn't that be the duty of "The Astoria Downtown Historic Development Association"?

Come On!

If this group wants to really effect change and in addition to “The Port”, let them go down and stand vigil at the "Other Flavel House" and demand somebody save that place before it rots to the ground as we have no historic preservation group willing to stand-up and be heard on the subject.

This group wants to effect change, let them go down to City Hall and demand that we send a "Task Force" out into this world and sell what we have to offer to clean, compatible and cohesive industry that fits within the fabric of and will support the workforce of this community to put thousands of us to work instead of sitting around waiting for schemes such as Liquefied Natural Gas and Ship Breaking to wedge their foots in our door and force themselves on us while our leadership conveniently turns their heads to, in essence, just let it happen to put just a few people to work and in the public perception, prosper their own agendas.

I guess my point is and I truly support the general concept as a counter to the attempted insurgency and usurpation of other fringe movements on our political political system,...If the "Occupy Movement" is going to clog-up our streets, do it for actual purpose and change that will truly, positively impact the life quality of all of us in our community or knock it off.
It may help also if the local leaders of this movement would lay off the speeches on the dreaded "Military/Indutrial Complex" and find a true explanation of exactly what "The Occupy Movement" is truly about for us lesser intellectuals that still don't really get it.

Friday, December 02, 2011

Clatsop County To Sponsor Two Films On Fisheries And Ocean Management December 15

Friday, Dec. 2, 2011

OCEAN, FISHERIES
FILMS SET FOR DEC. 15 SHOWING

Clatsop County is
sponsoring a public showing of two films on fisheries and ocean management
Thursday, Dec. 15 in Astoria.

The event begins at 6
p.m. at the Fort George Brewery’s Lovell Tap Room, 1483 Duane St. Admission is
free.

“Oregon’s Ocean
Fisheries: A Conservation Story,” takes the audience along to watch ocean
fishermen harvest seafood. The film illustrates how fishermen and scientists
have teamed up to ensure that Oregon’s seafood fisheries are
sustainable.

“People who have seen
the film report the documentary gave them an entirely new perspective on
Oregon’s ocean,” said Onno Husing, executive director of the Oregon Coastal Zone
Management Association.

The second movie,
“Ocean Frontiers,” is a new documentary from Green Fire Productions that
explores the challenges facing our ocean and chronicles successful strategies
being implemented across the country to address them. It examines seaports and
watersheds around the United States – including the fishing industry of Port
Orford, Oregon – to introduce unlikely allies embarking on new courses of
cooperation.

The movie event
coincides with the Dec. 15-16 meeting of the Oregon Ocean Policy Advisory
Council (OPAC) and Territorial Sea Plan Working Group in Astoria.
OPAC is a 24-member advisory panel to the Governor representing fishing and conservation interests, local governments, tribes and state agencies with stakes in management of
Oregon’s marine environment. The council is currently updating the management
plan for Oregon’s Territorial Sea, which extends three nautical miles from
shore.

Go to www.oregon.gov/LCD/OPAC for agendas and more
information on the Territorial Sea Plan Working Group and OPAC meetings.
Go to www.oczma.org/themove.php for more information
on “Oregon’s Ocean Fisheries,” and www.ocean-frontiers.org for more on “Ocean
Frontiers.”

Released by:
Tom Bennett
Community Relations Coordinator
(503) 338-3622

Thursday, December 01, 2011

Clatsop County Board Of Commissioners November 30, 2011 Regular Meeting Highlights

Clatsop County Board of Commissioners
Highlights Wednesday, Nov. 30,
2011 regular meeting
Official minutes
available once approved by board

Jail Architect
Selected

The board of
commissioners voted to select DLR Group to provide architectural and engineering
services for the proposed remodel and expansion of the Clatsop County Jail, and
to direct staff to negotiate a contract with the firm. The company was the top
choice of a county selection committee that reviewed seven bid proposals for the
project.
The work will involve drawing up detailed schematic plans and cost estimates for adding up to 100 beds
to the 69-bed facility in downtown Astoria. Once the plans and estimates are
completed, the board of commissioners will consider whether to seek voter
approval next year for a bond measure to fund the expansion project.

In October the board
voted to make available up to $100,000 from the county’s Special Projects Fund
for the schematic and cost estimate work.
Sheriff Tom Bergin said DLR Group is recognized nationally for its work on correctional facilities
and is well prepared to take on the county project.

Circus Ordinance To
Ballot

The Board of
Commissioners voted to place an ordinance banning displays of elephants and
exotic animals on the May 2012 primary election ballot.

Ordinance 11-13 would prohibit the display of elephants and exotic animals in circuses and other
entertainment venues. The ordinance exempts 4-H and FFA events, rodeos and horse
shows and educational events from the ban.

Four citizens spoke in favor of the ordinance Wednesday. The ban was originally proposed by a county resident over concerns about treatment of animals in traveling circus
shows.

Other
Business

In other business the
board:
-Voted to approve a
zone change application to the City of Warrenton by the Lower Columbia Youth
Soccer Association for county-owned property leased to the association for its
Warrenton soccer facilities on Ridge Road. The application requests a change
from Low-Density Residential to Open Space-Institutional for four tax lots. In
January, at LCYSA’s request, the county amended the legal description of the
property to add additional property for the association – the zone change is
necessary to allow LCYSA to use the added land for playing fields and
parking.

-Approved a
$48,486.75 contract with Big River Excavating for clearing and grubbing the
route for Ensign Lane in the North Coast Business Park in Warrenton.
Construction of the road, slated for 2012-13, is vital for the future
development of the park. Funding for the contract will come from the Industrial
Development Revolving Fund, which holds proceeds from the $8.6 million sale of
the 75-acre highway-front commercial section of the business park.

-Took no action on
two letters proposed to be sent to the U.S. Environmental Protection Agency and
Oregon Department of Environmental Quality over the proposed listing of a local
business, Astoria Marine Construction Company, under the federal Superfund
National Priorities List pollution cleanup program. County Manager Duane Cole
presented the board with a letter from Oregon Sens. Jeff Merkley and Ron Wyden
to the regional EPA office dated Nov. 30 that asks the agency to provide more
time for the company to identify funding sources to pay for cleanup planning at
the site. Cole said the county will wait on the EPA’s response to the senators’
letter before taking action.

-Discussed proposed
new rules for the board of commissioners in a work session. The rules, which
cover basic board operations such as chair and vice-chair selection,
agenda-setting and meeting protocol, committee appointments and travel policies,
will be brought back to the board for final action Dec. 14.

-Approved an
adjustment of the 2011-12 budget to account for the delay in construction of a
new boathouse for the County Sheriff’s Office, which was originally scheduled
for completion in the 2010-11 budget year. The new boathouse replaces a facility
destroyed in the December 2007 windstorm.

-Voted to accept the
deed to a piece of property on Lewis and Clark Road. The narrow strip of land
lying between the road and the Lewis and Clark River is part of a larger parcel
owned by Linda Holton, who requested the deed transfer to the county to remove
an encumbrance on the property title and allow a pending sale of the larger
parcel to proceed. The transferred property is part of the road right-of-way and
is maintained by the county road division.

-Appointed Thomas
Duncan, Paul Gillum, Mel Jasmin, Bob Link, Duane Mullins and Paul Olheiser to
the Ambulance Service Area Advisory Committee. The county recently re-activated
the committee to lead an update of the Ambulance Service Area Plan.

Tom Bennett
Community Relations Coordinator
(503) 325-1000 ext. 1312


Wednesday, November 30, 2011

Clatsop County Sheriff's Office Offers Youth ATV Safety Classes December 29th & 30th At County Fairgrounds!


The Clatsop County Sheriff’s Office is making available ATV Safety classes to Clatsop County youth. By January of 2012 all youth riding ATV's on public lands in Oregon will be required to have completed a "hands on" class. We present the ATV Safety Institute Ridercourse, a four hour ATV safety course, and the OSU/4H Youth Rider Evaluation Program, a two hour session designed for those youth who already possess riding skills beyond the basic level.
The classes take place indoors at the Clatsop County Fairgrounds on Walluski Loop.
On Thursday, December 29, 2011 at 10:00 AM we will be conducting the OSU/4H evaluations. To register, go online to OregonATVSafety.com. There is a $20.00 fee for the evaluation which will be collected online when registering.
Students registering for this program will be required to have obtained the Oregon ATV Safety Education Program card prior to enrolling. To obtain this card go to rideatvoregon.org and complete the on line training. This training is free.
On Friday, December 30, 2011 two ATV Safety Institute Ridercourse classes will be conducted, also at the fairgrounds. The 9:00 AM class will be for youth 6 to 11 years old, and the 2:00 PM class will be for youth 12 to 15 years old. To register for these classes call 1-800-887-2887. There is a $55 fee for these classes, but Oregon residents are eligible for a $50.00 subsidy making the cost to the student only $5.00. Be sure to request this subsidy when registering.
There will be one 50cc and one 90cc loaner ATV available for each scheduled session. To request a loaner for the Saturday session contact the instructor at 503-791-4978. For the Sunday sessions request the loaner when registering.
Additional information is available on the internet at www.atvsafety.org, OregonATVSafety.com, or www.rideatvoregon.org.
Contact for questions: Deputy Michael Nelson, 503-791-4978

Tuesday, November 29, 2011

Clatsop County To Form Partnership With Oregon Healthy Kids Program!


Monday, Nov. 28, 2011

HEALTHY KIDS PROGRAM
SEEKS COMMUNITY PARTNERS

Partners and
stakeholders are invited to help the effort to make health coverage available to
all Clatsop County children.
Earlier this year,
Clatsop County and Oregon’s Healthy Kids program formed a partnership to support
Healthy Kids, Oregon’s no-cost and low-cost health coverage program for kids and
teens 0-18 years of age. Part of the Oregon Health Authority’s first
initiatives, Healthy Kids helped bring health coverage to more than 100,000
children statewide, cutting the rate of uninsured kids in Oregon by half – from
11.3 percent in 2009 to 5.6 percent today.
“In Clatsop County,
we know there are still gaps in coverage for our children,” said Judi Mahoney,
Healthy Kids Outreach and Enrollment Worker for Clatsop County. “By bringing
together representatives from all sectors of our community, we can reach out and
begin closing those gaps.”
The creation of the
Clatsop County Healthy Kids Coalition addresses the need to increase access to
health coverage for kids and teens in the county. The coalition held their
first meeting on Nov. 2 with 24 representatives of various county agencies,
advocacy organizations and business groups.
Among the first
attendees were Danielle Sobel from the Office of Healthy Kids, community leaders
representing local hospitals, Clatsop County, the American Legion, many county
school districts, Head Start among other children’s centers, Healthy Start, the
Department of Human Services, the local Housing Authority, Suzanne Elise
Assisted Living Community and OSU Extension’s Family and Community Health
program.
The coalition will
meet every six to eight weeks to collaborate on outreach opportunities, and
brainstorm new ideas to bring coverage to kids.
Right now, the
coalition is seeking community partners and stakeholders to assist in outreach
efforts and promote Healthy Kids among their clients and networks.
The next meeting will
be held on Tuesday, Jan. 10 from 3 to 4:30 p.m. at the DHS building in Astoria;
450 Marine Drive, 2nd floor conference room. For more information on
the coalition or joining the coalition, please contact Judi Mahoney at (503)
358-2333. Families seeking assistance enrolling their children in Healthy Kids
are encouraged to contact Judi.
Families can also
apply for Healthy Kids coverage by calling 1-877-314-5678 or by visiting http://www.oregonhealthykids.gov/.

Released
by:
Tom
Bennett
Community Relations
Coordinator
(503) 338-3622

CCBofC Seeks Public Input On November 30 For Proposed Ordinance On Animals In Circuses And Other Entertainment Events!

Monday, Nov. 28, 2011

COMMISSIONERS HOST
PUBLIC HEARING NOVEMBER 30 ON CIRCUS ANIMAL ORDINANCE
GRP: Well, the easy answer is that there are plenty of Animal-Free and very entertaining Cirsuses out there these days but tell us.... where is the line and justifiable criteria to actually exempt Rodeos and 4-H/FFA events from the same ordinance? Are not all animals domesticated or controlled by man forced to bend under his will of forced domination?
The Clatsop County
Board of Commissioners is seeking public input on a proposed ordinance banning
public displays of elephants and exotic animals within the county.
The board will hold a
public hearing on the ordinance at its Wednesday, Nov. 30 meeting beginning at 6
p.m. at the Judge Guy Boyington Building, 857 Commercial St.,
Astoria.
Following the public
hearing the commissioners will consider whether to place the ordinance before
county voters in the May 2012 primary election.
Ordinance 11-13 would
prohibit the display of elephants and exotic animals in circuses and other
entertainment venues. Rodeos and horse shows, 4-H and FFA events and educational
displays would be exempt from the ban. The ordinance would cover only the
unincorporated portion of the county.

For more information,
including the full text of the proposed ordinance, view the Nov. 30 board agenda
at http://www.co.clatsop.or.us/.

Released
by:
Tom
Bennett
Community Relations
Coordinator
(503) 338-3622

Monday, November 28, 2011

Hunter Discovers Skull Near Nicolai Mountain. Clatsop County Sheriff Seeks Help With Any Information!


November 28, 2011
On November 25, 2011, an elk hunter made a discovery, while traversing a drainage near Nicolai Mountain. After crossing a small stream over a log jam, the hunter stepped over an odd object which caught his eye. The hunter examined more closely and recognized the object to be a human skull. The hunter and his father contacted the Sheriff’s Office to report their find.
That afternoon, Deputies and Dr. Stefanelli, investigator with the District Attorney’s office, met with the hunters who led the law enforcement team back to the scene. The skull was recovered and secured waiting to be sent to the State Medical Examiner’s Office.
The following morning of November 26, Clatsop County Search and Rescue returned to the scene to search for additional clues. The team located additional skeletal remains and clothing items along the stream bed. No source of identification was found during the search. Clothing found include blue BDU style pants and a 2XL, black, Addias brand shirt.
Evidence will be sent to the Oregon State Police Crime lab and the State Medical Examiner’s Office for identification.
If you have any information regarding this case or a missing person possibly not from the North Coast area please contact Detective Jama Hulon or Sgt. Matt Phillips at the Clatsop County Sheriff’s Office.
(503)325-8635.
Tom Bergin
Clatsop County Sheriff
Cell 503 791-0072
Desk 503 338-3651

Friday, November 25, 2011

Ann Baldwin: 1948 - 2011

(Photo By: Kathy Patenaude)
Ann Baldwin of Chinook, Wash., died in Chinook.
Hughes-Ransom Cremation & Mortuaries in Astoria is in charge of the arrangements.

Wednesday, November 23, 2011

November 30, 2011 - Prior To Regular Meeting, Clatsop County Board Of Commissioners Schedules 5:00 PM Work Session To Review Draft Of New Board Rules

Clatsop Emergency Services Office Issues Coastal Flood Watch

Wednesday, Nov. 23, 2011

COASTAL FLOOD WATCH
ISSUED FOR REGION WEDNESDAY

Runoff from this week’s strong Pacific storm is expected to combine with high tides today,
Wednesday, to bring potential flooding to coastal and estuary areas around
Clatsop County.
County officials continue to coordinate with local emergency agencies on the response to the
storm, which knocked out power to several communities and blocked some roads
with downed trees Tuesday.
As of Wednesday morning, Highway 202 was restricted to one lane by downed trees. LoukasLane was also reported to be blocked by downed power lines.
Electrical service was out for customers in Cannon Beach, Arch Cape and Warrenton/Hammond, as well as in other scattered areas of the county. Most areas were expected to be
restored by noon Wednesday, according Pacific Power.
The National Weather Service has issued a coastal flood advisory for northwest Oregon and southwest

Washington through 2 p.m. Wednesday. High tide scheduled for 11 a.m. Wednesday,
combined with storm runoff, is forecast to reach 11 feet, posing a risk of
flooding to some low-lying areas. Motorists are advised to look for high water
on roadways.

High water has prompted the Oregon Department of Transportation to restrict traffic on U.S.
Highway 101 south of Seaside at Beerman Creek. Only trucks and other
high-profile vehicles were being allowed as of Wednesday morning.
A second but weaker storm front is expected to hit the northwest coast on Thursday, bringing
additional rain and wind gusts of up to 60 mph.
For weather updates,
go to www.wrh.noaa.gov/pqr.
For up-to-date road
conditions, go to http://www.tripcheck.com/ or call the travel
info hotline at 511.
For information on
winter storm preparation, go to http://www.co.clatsop.or.us/.
To receive weather
advisories from the National Weather Service, sign up with the ClatsopALERTS!
emergency notification system at http://www.co.clatsop.or.us/ or (503) 338-3656.

Released by: Tom Bennett
Community Relations
Coordinator
(503) 338-3622

New Emission Standards For Oregon Customer-Owned Utilities Companies Goes Into Effect November 23, 2011

New rules for emission standards going into effect November 23, 2011
By SARAH ROSSSALEM, Ore. – Oregon Capital News
New rules governing how customer-owned utility companies are supposed to implement Oregon’s greenhouse gas emission standards for power generation went into effect Tuesday.The rules stemmed from a 2009 piece of state legislation requiring the Department of Energy (DOE) to create such rules. Investor-owned utilities will be under similar guidelines being developed by the Oregon Public Utility Commission.Specifically, the rules include an output-based method for calculating greenhouse gas emissions, how electricity with no identified generation source is to be addressed, a process for determining when a utility can be designated as a “low-carbon resource,” and how utilities can meet greenhouse gas standards.The state’s greenhouse gas emission standard, which includes only carbon dioxide emissions, is set at 1,100 pounds of emissions per megawatt-hour of electricity produced by the utility company.If a utility company wishes to become a low-carbon resource company, it must submit a plan to the DOE. That agency then decides if the plan includes enough technical documentation to prove that the company will be a low greenhouse gas producing facility within seven years of opening.

Tuesday, November 22, 2011

Oregon Governor John Kitzhaber Puts Moratorium On Death Penalty Until The End Of His Term


U.S. NEWS/WALL STREET JOURNAL/ASSOCIATED PRESS
NOVEMBER 22, 2011, 5:34 P.M. ET

SALEM, Ore.—Oregon Gov. John Kitzhaber on Tuesday imposed a moratorium on the
death penalty for the remainder of his term, saying he is morally opposed to
capital punishment and has long regretted allowing two men to be executed in the
1990s.
Mr. Kitzhaber's term ends in January 2015. He has not said whether he would
run for re-election.
The Democratic governor's decision gives a temporary reprieve to a
twice-convicted murderer who was scheduled to die by lethal injection in two
weeks, along with 36 others on death row. It makes Oregon the fifth state to
halt executions since 2007.
Mr. Kitzhaber said he has repeatedly questioned and revisited his decisions
to allow convicted murderers Douglas Wright and Harry Moore to be executed in
1996 and 1997.
"I do not believe that those executions made us safer, and certainly they did
not make us nobler as a society," Mr. Kitzhaber said. "And I simply cannot
participate once again in something I believe to be morally wrong."
Mr. Kitzhaber is a former emergency-room doctor who still retains an active
physician license with the Oregon Medical Board, and his opposition to the death
penalty has been well-known. He was elected last year to an unprecedented third
term as governor after eight years away from public office.
Oregon has a complex history with capital punishment. Voters have outlawed it
twice and legalized it twice, and the state Supreme Court struck it down once.
Voters most recently legalized the death penalty in 1984. Since then, two men
have been executed, both of whom voluntarily gave up their appeals during Mr.
Kitzhaber's first administration.
Prison officials had been preparing for the Dec. 6 execution of Gary Haugen,
who also had waived appeals. Mr. Haugen was serving a life sentence for fatally
bludgeoning his former girlfriend's mother when he was sentenced to death for
the 2003 killing of a fellow inmate, who had 84 stab wounds and a crushed
skull.
Mr. Kitzhaber said he had no sympathy or compassion for murderers but
Oregon's death penalty was "an expensive and unworkable system that fails to
meet basic standards of justice."
Over a three-decade political career, Mr. Kitzhaber has built a reputation
for charting his own course, sometimes to the frustration of fellow Democrats
and others to the chagrin of legislative Republicans.
Mr. Kitzhaber's moratorium means Oregon joins, at least temporarily, four
other states that have halted executions, according to the Death Penalty
Information Center. Illinois this year outlawed the death penalty after the
discovery of wrongful convictions. New Mexico voters abolished it in 2009, two
years after New Jersey's Legislature and governor did the same. A New York
appeals court struck down a portion of the death-penalty statute.

Monday, November 21, 2011

National Weather Service Cautions Strong Pacific Coast Storm Forecast Monday Night

Monday, Nov. 21, 2011

STRONG PACIFIC STORM
FORECAST TO HIT COAST MONDAY NIGHT

A Pacific storm front
is expected to bring high winds and possible flooding to area rivers and streams
this week, according to the National Weather Service.
The agency has issued
a high wind warning and flood watch for the north and central Oregon Coast and
south Washington Coast beginning Monday night. Sustained winds of up to 50 mph
with gusts of up to 80 mph are forecast for beaches and headlands, with winds in
coastal communities of 40 mph-sustained and 70 mph-gusts. High winds are
expected to last through Tuesday night, potentially causing downed trees and
power lines.
The storm is also
forecast to bring several inches of rain to the Oregon Coast Range and Willapa
Hills in Washington between Tuesday morning and Wednesday morning, potentially
causing flooding in creeks and small rivers in Tillamook and Clatsop counties
and southwest Washington counties.
A high surf advisory
is also in effect for early Tuesday morning into Tuesday night.
For updates, go to www.wrh.noaa.gov/pqr. For
information on winter storm preparation, go to http://www.co.clatsop.or.us/.
To receive weather
advisories from the National Weather Service, sign up with the ClatsopALERTS!
emergency notification system at http://www.co.clatsop.or.us/ or (503) 338-3656.

Released
by:
Tom
Bennett
Community Relations
Coordinator
(503) 338-3622