Clatsop District Attorney Josh Marquis Serves Notice To City Of Astoria That All DUII's Go To Circuit Court

Well, of course I can editorialize the event but, here are the facts in the most recent correspondence on the issue as submitted, in response to a "Public Information Request" by GRP to Clatsop County District Attorney's Office.

Here's "The Law" - ORS 8.660
Attending court and prosecuting offenses
(1) The district attorney 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 for such offenses therein.
(2) A district attorney shall not conduct prosecutions under this section when:
(a) A city attorney is prosecuting a violation under ORS chapter 153; or
(b) The district attorney is prohibited from appearing in a violation proceeding under the provisions of ORS 153.076 (Conduct of trial). [Amended by 1975 c.451 §170; 1981 c.626 §1; 1981 c.692 §6a; 1999 c.1051 §116]

Oregon Court Of Appeals Reverses Ruling On Carlson & Fraser Measure 49 Claim Applications

FROM CLATSOP COUNTY:
Thursday, July 7, 2011

APPEALS COURT REVERSES LOCAL LAND-USE RULING

........."In 2008 the county Planning Division rejected the Carlson and Fraser Measure 49 applications, but later that year the Clatsop County Board of Commissioners overruled planning staff and determined that the Carlsons and Frasers had “vested rights” under Measure 49 and were entitled to pursue their respective projects."........

The Oregon Court of Appeals has reversed a local judge’s ruling that upheld the rights of two Clatsop County families to develop their land.
In a decision issued June 29, the appeals court found error with the original 2010 decision by Clatsop County Circuit Court Judge Phil Nelson and remanded the issue back to Nelson.
The cases involve two claims under Ballot Measure 49, the state law that allowed qualified landowners to develop their property under earlier, less restrictive zoning rules. James and Virginia Carlson sought to build 29 home lots on their property on Tucker Creek Lane south of Astoria, and George and Barbara Fraser applied to develop a 52-lot subdivision in Clatsop Plains near Gearhart.
In 2008 the county Planning Division rejected the Carlson and Fraser Measure 49 applications, but later that year the Clatsop County Board of Commissioners overruled planning staff and determined that the Carlsons and Frasers had “vested rights” under Measure 49 and were entitled to pursue their respective projects. The board’s rulings were appealed by the Oregon Shores Conservation Coalition – Richard and Patricia Rowland joined the appeal against the Carlson application, and the Shamrock Pines Homeowners Association joined the Fraser challenge.
In November 2009 Judge Nelson upheld the board’s decision, which was then appealed to the state appeals court.
The appeals court ruled that the decision did not properly take into account the cost of home construction in determining whether the Carlsons and Frasers had made a significant enough investment into their respective properties to qualify as vested.
In 2004 Oregon voters approved Ballot Measure 37, which allowed landowners either to seek compensation for loss in value to their property due to new, more restrictive zoning designations, or to apply for waivers to the new rules and develop their land under the zoning as it existed when they first acquired it.
Clatsop County received more than 100 Measure 37 applications, and granted waivers to nearly three-quarters of them, including the requests from the Carlsons and Frasers.
In 2007 voters approved Measure 49, which narrowed the qualifications for Measure 37 waivers and required landowners seeking to develop more than 10 lots to prove that their development rights were vested. The following year Clatsop County adopted Ordinance 08-06, which spelled out the factors to be considered in making a determination of vested rights, including the “good faith” of the landowner in pursuing their development, and the amount of money the owners spent on their projects before Measure 49 became law in December 2007.
The Court of Appeals ruled that in reviewing the Carlson and Fraser applications, the county was required to consider the total cost of the two projects, including the construction of homes, not just the home lots, when calculating how much the applicants had invested in their respective developments. That calculation, the court ruled, had to consider the cost of home construction as of Dec. 6, 2007, the date that Measure 49 became law.

Released by:
Tom Bennett
Community Relations Coordinator
(503) 325-1000

July 13, 2011 Clatsop County Board Of Commissioners Regular Meeting Preceeded By Work Session At 9:00 AM

Read Full Agenda And Packet

Maeve Grimes, New Clatsop County Clerk!

Wednesday, July 6, 2011
MAEVE GRIMES SELECTED AS NEW CLATSOP COUNTY CLERK

Maeve Kennedy Grimes is Clatsop County’s new county clerk, County Manager Duane Cole announced Wednesday.
Grimes, who currently works as victims services coordinator for the Clatsop County District Attorney’s Office, will begin her new duties Aug. 1.
Grimes will replace Cathie Garber, who took a position as assistant elections supervisor for Clark County, Washington. Jan Coleman, former Yamhill County Clerk, was appointed to head the department on an interim basis.
“This is a great opportunity to use my educational background and management skills, and work with a good crew of dedicated employees at the county clerk’s office,” Grimes said.
Grimes joined Clatsop County in 2007 as a trial assistant with the District Attorney’s Office, then in 2010 was named victims services coordinator, in which role she assisted crime victims, informed them of their rights and events related to their cases and performed advocacy duties.
Prior to coming to Clatsop County, Grimes worked in Ireland on rural transportation planning. She has also served as a records manager and deputy city clerk with the City of Santa Barbara, Calif. She has a bachelor degree from the University of California-Santa Barbara and master’s degree in public administration from California Lutheran University.
“We’re pleased to have been able to find a capable candidate for the clerk’s position from within our own ranks,” County Manager Cole said. “Maeve comes highly recommended, and we’re sure she will maintain the high level of service our clerk’s office provides.”
The county clerk is the record-keeper for the county and administers public records, archives, legal recordings, passports and marriage licenses. The office also oversees elections and voter registration, and coordinates property tax appeals.

Released by:
Tom Bennett
Community Relations Coordinator
(503) 325-1000

Oregon D.O.J. Warns Of Computer Scam!

COMPUTER UNSECURITY

The Oregon Department of Justice has received more than a dozen complaints about scam artists attempting to gain remote access to Oregonians' computers. These scammers contact consumers by phone or email claiming to work for a computer company and that the consumer's computer is at extreme risk of being infected with viruses or malware due to tremendous amounts of internet activity. They offer to walk the consumer through security measures to protect their computer, and in an ironic twist, lead the consumer to download the very malware they are warning them about, and gain access to sensitive financial information.
One consumer in Lane County reported falling victim to a scammer claiming to work for a New York-based company called Login4Speed. A letter sent by the Oregon Department of Justice to the company's listed address - 257 Albany Road, New York, New York, 10280 - was returned as undeliverable. The scammer likely used a bogus United States address to appear legitimate but is actually operating from overseas.
Last year Oregonians reported losing nearly $2 million to scams. Attorney General Kroger offers the following advice to avoid falling victim:
If you receive an unsolicited email or phone call claiming your computer is at risk or needs attention, hang up or delete the email. Never open attachments or click on links from suspicious emails.
Make sure your computer has up to date anti-virus software. Perform a virus scan on a regular basis.
Pop-up ads commonly carry malware. Do not be enticed by fake offers of "free" stuff, surveys or contests. Also, never provide personal information through pop-up ads.
If you suspect a virus or malware is lurking on your computer, stop shopping, banking, and other online activities that involve user names, passwords, or other sensitive information.
For more on what to do in an e-mergency see: http://r20.rs6.net/tn.jsp?llr=pfqm4edab&et=1106432467615&s=11311&e=001dmtQmFJ15nL92hkpp44An5lexcqGX9xLoUCRX9KVoYQPnjRSS1jtcXr6i0NHDjf2MR9AhAvdLChHoRnojEJH1_VpkdQdcHFOQ-c8iy_WnLjfTptOCiN_pmWsDFBmw0Lc
If you receive a suspicious solicitation but are unsure whether or not you are the target of a scam, please call the Oregon Department of Justice Consumer Hotline at 1-877-877-9392.

July 5, 2011 Astoria City Council Agenda/Memorandum

Read Full Agenda

Update:U.S. Coast Guard Suspends Search For Man Swept To Sea At Seaview, Washington

U.S. Coast Guard suspends search for man swept to sea at Seaview, Wash.
SEATTLE - The Coast Guard suspended the search for a man that was swept to sea near Seaview, Wash., at approximately 10:00 a.m., Monday.
A group gathering on the beach approximately one-mile south of Seaview contacted Pacific County to report that the man had been in the water and was no longer in sight at 10:15 p.m., Sunday. Pacific County immediately launched two rescue boats and began a search.
A Coast Guard MH60 helicopter crew from Astoria, Ore., and a 47-foot motor lifeboat crew from Cape Disappointment were deployed, arriving on scene at approximately 10:50 p.m. and began searching.
The man was not wearing a lifejacket and has not been located at this time. His name is not being released at this time, pending notification of next of kin. The search will remain suspended pending any new information.
For more information please contact the District 13 Public Affairs Office at (206) 220-7237.

SEATTLE - The Coast Guard is searching for a man near Seaview, Wash., after receiving a report that he had been swept to sea at approximately 10:15 p.m., Sunday.
A group gathering on the beach approximately one-mile south of Seaview contacted Pacific County to report that the man had been in the water and was no longer in sight. Pacific County immediately launched two rescue boats and began a search.
A Coast Guard MH60 helicopter crew from Astoria, Ore., and a 47-foot motor lifeboat crew from Cape Disappointment were deployed, arriving on scene at approximately 10:50 p.m. and began searching.
The man was not wearing a lifejacket and has not been located at this time.
For more information please contact the District 13 Public Affairs Office at (206) 220-7237.

Saving Lives and Guarding the Coast Since 1790. The United States Coast Guard -- Proud History. Powerful Future.

Do You Really Know Why We Celebrate July 4th?

Why Do We Celebrate The 4th Of July?

By: NS Kennedy Posted: 21st June 2006

The 4th of July has been an important holiday but today, more and more people do not know why we actually celebrate this day. If you are not up to date on your history of the United States, July 4th, 1776 is the day that the colonies decided to declare themselves independent of Britain. By writing a very detailed decree, they decided that they no longer would need to be governed by the Kings of England that had been so very unjust to the colonists in the years before.

On July 4th, America was born.

We call the 4th of July Independence Day because this day was the day they declared independence from Great Britain.

Today, we celebrate the fact that we are a free nation that is no under the rule of another. But, there is more to the celebration of independence than just the fact that this is the birthday of the United States. In fact, there are many goals and ideas that are represented in this celebration that until this day we fight for and protect around the world.

The Declaration of Independence, the actual decree in which was signed the independence of the United States, stands as a symbol for all of the things that we, as Americans, believe in.

What are the symbols that it stands for? The right to live with the freedoms of religion, without persecution and with the ability to think and do for yourself.The courage it takes to protect freedom. It took the individuals that signed the Declaration a great deal of courage to do so as they could have been hung for treason. We use this symbol as a means to remind us that courage is often needed in times when our freedoms are threatened.A symbol that people can live in a country that is governed by its people and that every person in that country is a very important person for its well being.We celebrate the 4th of July for a number of reasons. We talk about how the United States of America was born and how many have died for that to happen. We celebrate the fact that we, as a nation, want all people to be free. And, we realize that without the courage and bravery of all those that came before us, we would not have the freedoms that we hold so very dear to us.Nicola always enjoys celebrating Independence Day. She can help you salute Old Glory in style with 4th of July tips and news, information and views at http://independence-day.your-holiday.infoThis article may be reprinted in full so long as the resource box and the live links are included intact.
This article is free from: ArticleAlley.com

Seattle: Container Imports Dive 27.8% With Strong Competition From Canadian Ports

Jul 1, 2011 2:52PM GMT

The Journal of Commerce Online - News Story
Container imports at the Port of Seattle fell back 27.8 percent in May from the same month a year ago in a broad decline in international shipping at Pacific Northwest ports.
The Port of Tacoma reported containerized imports fell 15.2 percent year-over-year in May and both Washington state ports showed exports flattening out this spring.
Seattle’s loaded container export volume grew 1.1 percent over May 2010 but slipped back slightly from April to May, to the lowest level since February. Tacoma said container exports expanded 3.5 percent in May compared to last year, but the loaded volume also slipped 3.8 percent from April’s export total.
The export figures sent a poor sign of outbound demand at ports that are important gateways for agriculture shippers.
But the containerized import volume also suggested a slowdown at the ports with the peak shipping season on the horizon. The Pacific Northwest ports also face growing competition from ports in Canada for inbound volume from Asia.
Seattle’s overall international loaded container volume was up 1.2 percent in the first five months of the year over the same period a year ago. But the import side was down 4.9 percent year-over-year in the January-May period.

Exxon Oil Spill In Montana River Prompts Evacuation

Published July 03, 2011
Fox News-Associated Press

LAUREL, Mont. – An ExxonMobil pipeline that runs under the Yellowstone River in Montana ruptured Saturday and leaked hundreds of barrels of oil into the waterway, causing a 25-mile plume that fouled the riverbank and forced municipalities and irrigation districts downstream to close intakes........Read Full Report