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City Council Greenlights Phase 2 for New City Hall

Manzanita mayor draws heat at budget meeting

WILL CHAPPELL Citizen Editor

Aspecial meeting of Manzanita’s budget committee became testy on June 2, as councilors and budget members questioned Mayor Deb Simmons’s decision to publish an editorial about her no vote on budget approval.

The editorial, published on the Tillamook County Pioneer’s website, said that Simmons’s no vote had come because of questions that she had about the city’s fiscal policies and situation that she felt were not addressed in the budget.

RYAN HOOVER

Country Media, Inc.

Manzanita City Council voted to greenlight phase 2 for the construction of a new city hall at their June 7 meeting, electing to finance the project through a special public works fund loan.

Manzanita City Hall was as packed as it’s ever been on Wednesday night, as residents piled in to hear whether city council would go forward with a project that’s been 30 years in the making.

Phase 2 of the project effectively allows design development for a newly constructed city hall building to begin immediately, followed by the creation of the construction documents, the construction contract and eventually construction.

Stressing that the council had to make the ultimate decision, City Manager Leila Aman said she felt like there’s enough information to make a decision on whether to move the project forward.

“I feel like we’re at a place to make an informed decision on what to do next,” Aman said.

The motion to start phase 2 of the city hall project passed,

with all councilors voting yes except for Mayor Deb Simmons, who abstained.

“I’m abstaining. I’m a proponent of putting this to a vote for the citizens,” Mayor Simmons said.

The council was also tasked with choosing how to finance the project tagged at $5.79 million. The project will be funded through a variety of sources including grants, property sales and a $544,000 payment from the city’s general fund. But most of the funding will come through debt or bond financing options. These options included a general obligation bond, which would go out to the public for a vote, marked at $3.5-$4 million.

The second option was a $4 million full faith and credit loan. With this financing option, the city would be locked in for ten years and required to take out the full loan amount, according to the city manager’s report.

The third option was a $4 million special public works fund loan. With this financing option, the city is able to refinance at any time and will be reimbursed for what they don’t spend, according to the city manager’s report.

The motion to finance the

construction of a new city hall building through a special public works fund loan passed, with all councilors voting yes except for Mayor Simmons, who voted no. Before voting on the motion, councilors took their time to explain their positions.

“I agree with the special public works fund financing.

We heard plenty of testimony tonight and it was passionate, but it was only a fraction of the testimony we’ve heard,” Councilor Jerry Spregman said. “We’ve been getting emails from the public since February. Tonight’s voices added to voices that have been coming loud and clear since I’ve been on council. We have proceeded with much deliberation and caution on this project.”

“Every step, we went to the community. Every step there was a presentation. Every step, we got feedback from the community, because that’s really important to hear,” Council President Linda Kozlowski added. “In the long run, I think we have an excellent project. I think it’s time to move forward.

I’ve been working on this project for ten years and I think it’s the first time in those ten years that we have

all the information we need to move forward. My vote is to start now and is to use the special public works fund.”

Despite the other two councilors also endorsing the special public works fund, Mayor Simmons said she still felt the decision on how to finance the project should be left up to the citizens, leaning towards the general obligation bond.

“When we are facing an investment of this size for the citizens, I think people have the right to vote,” Mayor Simmons said. “I can’t get around the fact that some of you feel that way, and some of you don’t. We’re looking at a $8.5 million investment cost. That is a lot of money, when the city has other needs as well. I just want this to be done. I want a city hall and I want the citizens to vote on it, so I would support the bond.”

Many citizens showed up to Wednesday night’s meeting to offer their two cents on the project. James Markawat said the council should table the discussion to find a costeffective solution.

“I’m here to say that this council should table this for further discussion. There may be an alternate solution for

Simmons has raised questions since her assumption of office in January about the city’s overhead funding allocation model, which allows the city to fund most of its budget from water revenues. She also criticized past councils’ lack of follow through on capital projects in the city and failure to raise utility rates, issues which she said she hoped the budget committee could help to direct the council on. Simmons was the only no vote against nine ayes for recommending approval of the budget to council in May.

Budget Committee Members Kathryn Stock and Chip Greening said that the request for policy direction fell outside of the budget committee’s purview. They also said that the writing the editorial and raising questions whose answers were available to the mayor instead of bringing them up at prior budget meetings was in poor form.

They also took exception to the mayor’s inclusion of the shortcomings of past city administrations, who had failed to raise the water rate or complete capital projects, in her reasons for voting no.

Budget Committee Member David Dillon also noted that the committee had recommended those actions to past councils but action had not

been taken.

The budget committee members all agreed that the budget vote was not the place to protest policy issues that fell under the purview of the city council, of which Simmons is a member.

Simmons said that the no vote had been on behalf of citizens of Manzanita who shared her concerns about the budget. She said that it was not necessary in a democracy to have unanimity and that she had voted her conscience.

City Councilors Jerry Spegman, Linda Kozlowski and Jenna Edginton all voiced their frustration at that decision, which they said was part of a theme of hesitancy to work with other councilors by the mayor throughout her young tenure.

Spegman said that Simmons’s failure to bring the policy issues up to the council reflected a lack of understanding of her duties and the procedural processes of city government. He also noted that many of the complaints were in the process of being addressed by City Manager Leila Aman and staff.

Kozlowski then read a prepared statement, that said that the mayor’s publication of the editorial without consultation with the city council represented a breach of rules under the city’s charter. She said that she was deeply disappointed with the situation and asked Simmons to please improve her working relationship with the other councilors.

Simmons said that she was sorry if she had raised her complaints in an inappropriate forum and said that she would like to have a discussion soon about her frayed relationships with the councilors and how to mend them, suggesting an executive session.

Kozlowski said that she felt the discussion should be had in a public meeting, to which Simmons assented, bringing the meeting to a close.

County Commissioners Talk Future of Property Tax Foreclosures, Raise Building Permit Fees

RYAN HOOVER

Country Media, Inc.

The Tillamook County Board of County Commissioners discussed how a Supreme Court decision on property tax foreclosures would affect the city at their June 7 meeting, while also opting to raise building permit fees.

The U.S. Supreme Court recently ruled in Tyler v. Hennepin that when a local government takes a home through a property tax foreclosure and keeps the homeowner’s

equity after the outstanding taxes have been paid, they are violating the Takings Clause of the Fifth Amendment of the United States Constitution. The Takings Clause states that “private property [shall not] be taken for public use, without just compensation.”

Tillamook County Counsel William Sargent said the ruling will likely create all kinds of procedural problems for states that have a foreclosure process like Oregon.

“Bottom line is, Oregon, like twelve other states, has a foreclosure process that says if you don’t pay your taxes after being given two years to do so, [the property] is sold,” Counsel Sargent said. “Heretofore, we have kept the proceeds, although they are dispersed according to a statute. Here, the Supreme Court said that’s a taking. If there’s an excess after the property is sold, [cities] can’t keep that excess. It

has to be returned somehow to the taxpayer, which of course creates all kinds of procedural problems.”

One of the commissioners’ key concerns was how this would affect foreclosed properties that have hazardous materials present. When the county takes control of these properties, they are required to dispose of those materials, which can be costly.

“I think one of the key pieces is that some of the properties that we take in foreclosure proceedings may have cleanup that’s required on them,” Commissioner Erin Skaar said. “And then there’s also just the time it takes to put them through the sale process. Proceeds were previously allowed to cover those costs in moving those properties.”

Commissioner Mary Faith Bell said she is also unsure how the county will deal with those types of properties.

“It’s fascinating because as I was reading it, I thought, ‘Oh, some of these properties are going to lie foul.’ Because I don’t know how we can afford to do what we do when this process takes a lot of staff time. If we can’t recoup our costs for any of that, I don’t know if we’ll be able to do it, Bell said.

Sargent said he didn’t believe the ruling would affect the property tax foreclosure list – which the county is required to publish every fiscal year – for this year. He also noted that there may be a legislative fix allowing governments to cover their costs.

“There’s been a recent supreme court case that’s going to affect foreclosures,” Counsel Sargent said. “The preliminary thinking is that we’re going to proceed as normal on the end of it where it becomes time to take title to those people who don’t

redeem; Business as unusual at least on this tax foreclosure list.”

Board Raises Building Permit Fees

The Tillamook County Board of County Commissioners also approved an order to raise building permit fees for the Building Division of the Department of Community Development. The Building Division, which is fully supported by building permit fees, stated that their fees had not been updated in 10 years, prompting the decision to raise them.

Julia Silveira, a certified permit technician for Tillamook County, said that changes include a minimum permit fee and higher plumbing and mechanical permit fees.

“We have raised our plumbing up to $130 as the base fee, as it’s usually not easy to get plumbing inspectors,” Silveira said. “And we created a base

fee at $100 where there wasn’t a minimum permit fee previously. The mechanical has gone up to $103 from $65.” Tillamook County Assistant Building Official Brian Blalock said the Building Division looked at the fees in surrounding counties before deciding to raise Tillamook’s fees.

“What we did is we discussed with the building codes division to give us the fee schedules of some surrounding counties,” Blalock said. “We lined up the different counties with the different fees. We averaged it out to come up with what we thought was appropriate with the other jurisdictions that are around, who have apparently been increasing their fees. We also looked at travel time and the total cost of the inspection.”

Both commissioners pres-

The Quonset hut currently sitting at the Underhill Plaza site where the new city hall will be built.

STR owners and operators object to proposed ordinance update

WILL CHAPPELL Citizen

Editor

Owners and operators of short-term rentals had a large turnout at the first meeting seeking public comment on proposed revisions to the ordinance governing their properties on May 30.

They strenuously objected to the proposed updates to ordinance 84, contending that they amounted to government overreach and asking county commissioners to either forego the updates or curtail them drastically.

The meeting at the Port of Tillamook Bay began with a presentation by Tillamook County Director of Community Development Sarah Absher about the proposed ordinance update.

County commissioners

instituted a pause on the processing of new shortterm rental (STR) license applications in July of last year and formed an STR advisory committee to work on updates to Ordinance 84. The pause followed complaints from residents across the county about safety and livability issues that had been created by the recent proliferation of STRs and their popularity during the pandemic.

The advisory committee met monthly over the past year, gathering data and community feedback before working to revise an initial draft of the proposed ordinance update presented in January. The committee was made up of both STR owners and operators and members of communities affected by those properties’

preponderance.

The final draft of the new ordinance presented for public comment and approval received committee consensus on many matters, but disagreements on limits on the number and transferability of licenses were not resolved.

The proposed ordinance would increase the building standards to which properties seeking an STR license would be held, create a new maximum occupancy formula, and strengthen the existing ordinance’s rules regarding parking, garbage and sound. The ordinance would also add a definitions section, event regulations and a requirement that a “good neighbor policy” be posted in STRs.

Most contentious in the committee’s deliberations

were discussions of limiting the growth of the short-term rental program in the county or limiting the transferability of licenses.

Initially, STR proponents opposed any limitation mechanism. But after direction from the commissioners that they would be instituting a growth management strategy with or without committee consensus, the committee agreed to a cap that would limit new license issuance to an additional 1% of the number of extant licenses prior to the pause. Over the next year, groups from each of those communities would meet to recommend license limits specific to their community to the board of county commissioners.

The transferability question flummoxed the committee even more than did the question of growth management. STR owners and operators on the committee would not endorse any limit to the transferability of licenses, concerned about the effects on the value of properties operating as STRs, while other committee members wanted a transfer limit to promote circulation of licenses.

Eventually, by a vote of six votes for, four against and two undecided, the

committee included a one transfer limit for existing licenses and a ban on transfer of licenses issued after the new ordinance is adopted.

After Absher briefed the meeting on the contents of the ordinance, the public comment portion of the meeting began.

More than 30 people came forward or appeared on Zoom to comment on the ordinance, with all but a handful expressing their opposition to the proposed update.

Those opposing the ordinance were all either owners or operators of STRs, or would be owners or operators, and a pattern quickly emerged in their testimony

Most commenters would share that they had been visiting the Tillamook coast for decades before deciding to buy or construct a second home that they would subsidize through shortterm rental operation before retiring there before enumerating their issues with the proposed ordinance.

These commenters said that the new ordinance was unnecessary and amounted to overreach by the county government, imposing excessive rules and regulations on STRs. They expressed concern about losing their property rights with the

new cap, saying that certain homes would be unable to meet the new code requirements, forcing them out of the program. They said that the proposed cap was not backed by data and complained that certain requirements were more stringent than those for long-term rentals and other homeowners.

They stressed their importance to the county’s economy and contended that their rentals had not been operated in an unneighborly way.

They said that despite the county’s attempts to avoid turning the ordinance into a land use issue, they believed that it was and at least one commenter alluded to a potential legal challenge before the land use board of appeals.

One commenter, a real estate agent, presented a petition with over 600 signatures asking that no new restrictions be placed on STRs and that the county instead focus on enforcing the existing ordinance.

The few commenters without a vested interest in STRs who spoke at the meeting were in favor of the new ordinance.

After the public comment ended, Commissioner David Yamamoto expressed his concern about the process that would be used to bring existing STRs into compliance. Commissioner Mary Faith Bell said that she shared concerns of owneroperators about the thirtyminute response requirement for complaints being difficult to meet for those without a management company.

A second public hearing on the proposed ordinance will be held on June 13 at 5:30 p.m. at the main conference room at the Port of Tillamook Bay Commissioners are then expected to vote on a final version of the ordinance at their regular meeting on June 21. They are also expected to vote to end the pause they instituted last July at that meeting, which would allow its expiration, as planned, on July 1, with the program accepting new applications under the guidelines set forth in the updated ordinance. For additional information on the proposed ordinance update check the Headlight Herald website and watch future editions or online for updates to this developing story.

Salmonberry Trail Foundation accelerates work

WILL CHAPPELL Citizen Editor

The Salmonberry Trail Foundation has been ramping up its activities this year, with the hiring of a new executive director in January and clearance of a section of future trail in Washington County.

Caroline Fitchett, who took over as executive director in January, said that the foundation needs continued support from the community to make the exciting plan a reality.

“There’s lots of opportunities and needs that we have for folks to step up and be a part of this legacy project,” Fitchett said.

The envisioned trail would connect Banks, in Washington County, with Tillamook using the disused rail crossing over the Salmonberry Pass to access Wheeler, before running adjacent to the railbed of the Oregon Coast Scenic Railroad to Tillamook. The plan was conceptualized by various community groups more than a decade ago, but after the foundation’s creation in 2019, progress was stalled by the pandemic in 2020, and is only now resuming in earnest.

The Salmonberry Trail Foundation works in conjunction with the Salmonberry Trail Intergovernmental Agency to help coordinate work on the trail, which will be built in sections as possible. The intergovernmental agency controls the land on which the trail will run, while the foundation is in charge of raising funding to build the trail itself.

Fitchett came to the foundation with a background in community organizing and uses those same skills to promote awareness and excitement for the trail, which she says is key to achieving the ambitious vision.

“In order for us to be able to build the trail we have to build capacity and a movement around the trail,” Fitchett said.

Fitchett will soon be joined in that effort by Gavin Mahaley, a longtime volunteer for causes related to the trail who will soon begin working full time as the foundation’s communications director.

Mahaley, who helps to organize volunteer efforts, crackled with energy when discussing the work that has been happening at the Catalyst Loop section of the trail in Washington County.

Volunteers have so far cleared some 5,000 yards of the railway of vegetation and debris, and a volunteer event on June 10, will complete the job and allow inspections to begin on railway bridges and trestles. Mahaley said that the plan is to have the loop completely cleared this year before opening sections in 2024, ahead of a full opening in 2025.

“Once that happens, I don’t think you’re going to

be able to stop this trail from heading over that mountain because people will be hungry for it,” Mahaley said.

In addition to volunteers for the physical work of clearing the trail, the foundation is also looking for community members who can help to tell the story of the trail and offer other skills to the project. Mahaley and Fitchett said that that educational component will be key, and offers residents of Tillamook County, where no construction projects are imminent to get involved.

“If you want to help, we’ll find a place for you to help,” Mahaley said.

The foundation is also working to raise funds and help communities along the trail do the same. Tillamook and Washington Counties both contributed more than six figures to the foundation to facilitate its staffing up, and Travel Oregon and the Washington County Visitors’ Association have also made contributions.

Fitchett is working to identify federal funding sources and the foundation has started to see success with private donors, with a $20,000 challenge grant from the Peace and Ernie

SEE SALMONBERRY PAGE A6

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kristi@tbnep.org.

In our community, we’re

together. We weather storms together, both literally and figuratively. We build lasting relationships together. We work together, play together, and grow together.

As your local communications provider, RTI is proud to support the connections that make our community and our country stronger. We invest in advanced technology. We give good jobs to our neighbors. We donate time and financial resources to this area’s life-changing

The Crab Derby was a huge success!

For years, the Crab Derby has been a great opportunity for the Jetty Marina and Kelly’s Brighton Marina to team up and raise money for Local Charities. This year, it was the Muddnick Foundation, the Rockaway Beach Lions Club, Wildlife Center of the North Coast and the Animal Haven by the Sea.

It was great to see a full house at the Marina and see so many families and vendors enjoying the day. There was oyster eating, rope coiling and buoy tossing contests, raffle prizes, cotton

candy, face painting, crabbing, clamming, a silent auction as well as a Grand Prize for those lucky enough to find a “Tagged Crab” all with the goal of helping those charities continue to serve in our community. Seven lucky boaters found “tagged” crabs and were in the running for the grand prize along with other goodies. We want to thank everyone for coming and especially all those who donated to the cause. Clatsop Distributing and KTIL for their support in advertising this event So many local busi-

nesses as well as individuals participated so, please help us say “thank you” as well by patronizing these generous individuals and businesses:

• Astoria Scuba

• Beach Bakeshop

• Beach Crafters

• Big Wave Cafe

• Bill’s Tavern Cannon Beach

• Buoy Beer Co.

• Cloud and Leaf Bookstore

• Debbie “The Olive Lady”

• Don Nisbett

• Englund Marine

• Four Paws on the Beach

• Greg’s Marine Service

• Kelly’s Crabbing Adventures

• Lakeside Hideaway

• The Little Crow

• Lynn Hammol

• Manzanita Lumber

• Michael’s Music

• Nehalem Lumber

• Oregon Surf Adventures

• Por Que No? Restaurant

• Rockaway Roastery

• Rosenburg’s Builder Supply

• Seaside Aquarium

• Seaside Surf

• Tillamook Ice

• Trailside Vintage

• Wanda’s Cafe + Bakery

• Warehouse 10

Thank you for your generosity, please join us next year!

Scott Named Manzanita Citizen of the Year

Former Mayor Mike Scott was named Manzanita’s Citizen of the Year at the June 7 meeting of the city council. Announcing the honor, Mayor Deb Simmons said Scott had served his fellow citizens “for many years at all levels of civic involvement.”

“In the recent past,

when we found ourselves facing fear and uncertainty, with extraordinary and unprecedented challenges, he stepped forward to meet them head-on,” she read from his citation. “When key decisions -- some of them radical -- needed to be made, and made early, he made them. And that

made a difference to our recovery.”

Scott was a member of the city’s planning commission and city council, before serving six years as mayor. Manzanita’s Citizen of the Year is selected annually by a committee of previous honorees.

June is Men’s Health Month

want to remind men of all ages to schedule your routine medical and dental exams. Routine preventive care including staying up-to-date on recommended screenings and vaccines can help you stay well and catch problems early, helping you live a longer, healthier life.

Routine health visits, screenings and vaccines are covered benefits of many health plans. Ask your health care provider about your options.

#healthystrongmen

Manzanita Citizen of the Year, former Mayor Mike Scott (holding flower basket), poses with former honorees.

Bilingual Certified Peer Support/Recovery Mentor (English/Spanish)

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Tillamook Family Counseling Center is currently looking to add a bilingual peer specialist to our Prime+ program. The mission of the Prime+ program is to prevent acute life-threatening outcomes of substance use which include reducing overdose morbidity and mortality by providing harm reduction centered overdose prevention education and facilitating access to Naloxone. We also strive to reduce injection-related infections by providing harm reduction centered infection prevention education and facilitating access to safer use supplies. The Prime+ program supports linkage to care, diagnosis and treatment of substance use related conditions and substance us related infections.

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To see our complete job description and to apply go to http://tfcc.bamboohr.com/jobs. Be sure to submit an online application and upload your resume. Any questions, please visit us online at http://tfcc.org or contact us at jobs@tfcc.org

Licensed Practical Nurse [LPN]

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Tillamook Family Counseling Center (TFCC) seeks a Licensed Practical Nurse [Part Time 24 Hours per Week] as a health provider for its Assertive Community Treatment Team (ACT). The LPN provides health care coordination, client support, and triage in home and community settings to adults presenting with severe and persistent mental illness.

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the building of this City Hall that would be much more cost-effective. As the taxpayer, I think all of us should demand that alternative,”

Markawat said.

Another Manzanita resident advocated for moving to phase 2 and using the special public works fund option to finance.

“Tonight, I join some of the other citizens that want to see our city’s place, our city’s hall, become a reality,” they said. “If we were to move forward today, we’d still spend almost as much as we would have with the 2019 bond measure, and we will have half the building. I appreciate that people weren’t ready then, but people are ready now. Most of us our

looking toward our future and want to see a place where we can gather, a place where we can meet with our representatives, a place that represents Manzanita.”

COMMISSIONERS CONTINUED

ent agreed that the county was well overdue for updating their building permit fees.

“Ten years, as you said, is a long time to go without an update,” Bell said. “I think it’s also important that people understand that the Department of Community Development, as you said, doesn’t have another revenue source. It’s a general fund department.”

Skaar noted that the raise was necessitated by the nature of the work.

“Not having done this for ten years, it’s time to do this,” Skaar added. “This is a division that has to be self-supporting. We don’t put general fund tax revenue in here. It is a pat for what you receive type of department, and in order for that to work, we do have to

charge for what it costs to do the work.”

The Department of Community Development said they plan to disseminate the updated fee schedule in a number of ways. In addition to hanging signs in their office, the department will also reach out to local contractors and send out a notice in the mail.

The Building Division also sends out a public notice for the fee schedule to their listserv of everyone with a public license.

SALMONBERRY CONTINUED FROM PAGE A3

Fox Fund on track to be activated by the end of June. The foundation will also be hosting a fundraising event on June 22, at the Cornelius Pass Roadhouse in Hillsboro.

Fitchett said that for the time being, in addition to reaching out to the foundation to volunteer, interested community members can write an email to Ron Wyden in support of a grant request the foundation has made. That grant would help the Catalyst Loop expand to 11-miles in rural Washington County.

So far, work has begun on initial preparations for two sections of trail in Tillamook County. One will be built by the Tillamook Creamery

Association adjacent to the creamery north of Tillamook, and Rockaway Beach is in the early planning stages for a section of the trail that will run from the north to the south end of the city.

and

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