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north coast northcoastcitizen.com

February 18, 2016

Volume 21, No. 4

$1.00

‘Art for the Heart’ Scientist in the garden D

Rich Riley

Rockaway Beach loses iconic figure O

n Feb. 15, Rockaway Beach City Council Member Rich Riley died at the age of 75. The following stories are previously published stories that highlight the life of Rich Riley. Rich Riley’s fighting past

Rich Riley has been involved in just about every volunteer position in Rockaway Beach-from municipal court judge to city council president. Besides being a father of four boys, the soft spoken man has also been a part of the Rockaway Budget Commission, Planning Commission, and Safety Commission. He’s been president of the Lions Club, vice president of the Tillamook Chapter of the Northwest Steelheaders and a Tillamook County Special Olym-

n See RILEY, Page A3

NORTH COUNTY NEWS ONLINE

North Coast Citizen photo by Julius Jortner Works by local artists were on display at NCRD on Feb 14 as part of “Art for the Heart” in a show that runs through Feb 28.

Art celebration in Nehalem benefits heart health By Julius Jortner

For the North Coast Citizen

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bout 80 people attended the two-hour reception for the month-long community art show “Art for the Heart” at the North County Recreation District building in Nehalem on February 14. Forty-two works by more than a dozen local artists were exhibited, most for sale, with 20% of sales proceeds donated to benefit the Fitness Area at NCRD. The works include paintings, photos, quilts, sculptures, collages and other constructions, and are priced between $15 each and $2,500. Visitors to the reception were asked to vote for the best works of art. First place went to “A

By Brad Mosher

northcoastcitizen.com

Like us on Facebook facebook.com northcoastcitizen

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n See, ART Page A2

n See GARDEN, Page A3

Riprap erosion hearings and appeals on hold until March bmosher@countrymedia.net

Including E-Edition

Passion for Sewing,” a quilt by Teresa Simmons; a mosaic statue“The Queen of Hearts” by Kathy Pennington was second; and third place was won by “Sea Swept,” an acrylic-oil painting by Terry Freeman. Eric Sappington provided background music, playing guitar and harmonica and singing. Janice Wolk, director of nutritional services for Tillamook Regional Medical Center, provided heart-healthy vegan refreshments, including sandwiches, baked goods, fresh fruit and vegetables. The show runs through the end of February

o you want more flowers, more tasty vegetables and better health, with less work and more pleasure? Citizen soil scientist Jim Karnofski will present a program on Tuesday, Feb. 23, 1:30 p.m. at the Pine Grove Community House, 225 Laneda in Manzanita. The talk is entitled “Your Soil: The Basis of Health.” Jim, citizen scientist, RN (retired) and educator, will discuss advanced regenerative agricultural methods everybody can use either as a grower or a consumer. The focus will be on soil mineral balancing, the use of biochar and the resulting food nutrient density measured in Brix. Sustainable biochar converts agricultural waste into a soil enhancer. You will be able to experience the use of Brix Refractometry in measurement of vegetable quality. From Ilwaco, Jim knows about coastal growing conditions and the struggle we have in maintaining soil fertility. With these new techniques the soil gains and keeps a high level of fertility. The soil biota and resulting plant life live up to their genetic potential. Well-fed plants grown in this uber fertile soil do not attract disease, require no pesticides, and are able to pass on their superior quality to the people who eat them. Jim gets over-the-top quality fruits and vegetables with his scientific approach to soil amendment application. He promises once you hear about it, you won’t go back! Bagged #40 “Biocharm Farms Ideal Soil,” 4 gallon bags of “Biochar,” and Brix Refractometers with manuals will be available in limited quantity for purchase.

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he marathon series of hearings and appeals over riprap erosion protection is over – until March 1 – when the City of Rockaway Beach holds a planning commission meeting in the city council chambers. After the last hearing, people were given seven days to submit any written comments concerning the appeal by Tai Dang of Hillsboro. Then Dang was given seven days to respond or add any additional comments or information, according to commission president Rae Owens. Now, the planning commission will decide the fate of the appeal regarding a proposed riprap revetment to protect Dang’s beachfront house from the erosion that has come within a few feet of the buildings. Last year, the city reversed its approval of the plan, prompting the owner to file an appeal. The appeal started being heard in January, then was continued to Jan. 26. When the commission has its

next meeting March 1, the decision regarding the appeal for a riprap revetment will be made, Owen added. During the last hearing, Dang’s attorney, Michael Kittell, said that the state did not issue a permit because of the position the city had taken almost a year ago. “Now the city takes the position that it doesn’t qualify, therefore Mr. Dang can not get his permit and therefore his house is going to fall into the ocean,” the attorney told the planning commission. Kittell cited an email that the reason that OPRD (Oregon Parks and Recreation Department) did not issue the permit was because the city said it (the property) did not comply with local law. According to Kittell, no other objection was made about the proposed protective structure regarding the design or anything else. “The OPRD application found that it complied with all other aspects,” the attorney said. “Mr. (Jay) Sennewald’s reasoning and the reasoning in the staff report is the same – the only reason this does not qualify or satisfy local laws is because of the OSL Ocean Setback Line Goal 18 issue.”

The applicable rules and ordinances substantiate the owner’s claim that the project qualifies, Kittell said. He told the commission that the property falls in the Residential Resort Zone. “Structural shoreline stabilization is a use permitted outright in that property,” the attorney said. “There is not a single case – and I have searched high and low. There is not a single case that requires a Goal 18 exception to install beachfront protective structures.” The attorney also claimed that retaining walls and other structures designed to the protect the property were evident from aerial photos of the city dating back to 1940s. A geological study showed that a retaining wall was visible “armoring the west , northwest and north sides,” Kittell said. “We can confirm this with aerial photos that it was developed back in 1977 and for decades before that.” The decision to deny the appeal could lead to legal action by the owner, the attorney told the commission. “Ultimately, …. it threatens the city with significant liability. Mr. Dang’s house is worth a lot and if it falls into the ocean, there is going to be some liability

that will be asserted,” Kittell said. According to the city attorney, John Putman, the reversal of an initial approval was because a former city planner found there was an error in the way the property had been evaluated. “The law is not static. Interpretations can change. The ultimate interpreter of the city’s ordinance is the city, unless the matter was interpreted first by a court,” he said. Dang, the owner of the property, said he fulfilled the city requirements the city asked of him in 2008 when he bought the property. “I hired geologists – experts. They have expertise. They know stuff so we hire them,” he said. “That is required by the state.” He added that he relied on the experts to built his house and on the city and state to tell him what was needed. He also said he felt the city was taking away his property rights with the change made a year ago. “How many of you here have your house, after you built it, have the city recorder, the city manager, the planner come over with a tape

n See RIPRAP, Page A2

Surviving Seaside officer justified in using deadly force A t about 9:20 p.m. on February 5, in downtown Seaside, two uniformed Seaside Police officers spotted wanted, 17-time felon Phillip Ferry. Both officers were familiar with Ferry and a check revealed an active felony warrant. As officers tried to detain and arrest him, Ferry shot 39-year-old Seaside Police Sergeant Jason Goodding with a single shot from a semiautomatic pistol resulting in Sgt. Goodding’s almost immediate death. The other officer, Seaside Officer David Davidson, who has been on the Seaside force since late 2012, had at first attempted to use a Taser on Ferry. After Ferry shot Sgt. Goodding, Officer Davidson fired several rounds from his service weapon striking Ferry three times. Both Sgt. Goodding and Ferry were transferred to area hospitals, where both were declared dead. Under protocols established by Oregon Senate Bill 111 each county has a specific set of rules by which police shootings are investigated.

In Clatsop County those protocols call for the District Attorney to name another agency, which in this case was the Oregon State Police, to head the investigation, with participation from other officers of the County’s Major Crime Team - drawn from the other agencies. The agency involved in the shooting contributes a single liaison officer, but does not participate in the SB 111 review. The reason for this is so that there is as much of detached investigation as is possible. These protocols do not in any way reflect on the ability of the Seaside or any other police department, but are designed to increase public confidence in the ultimate determination regarding the use of police deadly force. Starting on a 24-hour a day basis the weekend Sgt. Goodding was killed, investigators of the Oregon State Police, many from outside this area, have worked gathering evidence, attending the autopsies, viewing bodycams worn by the officers, and looking into other evidence relevant to the shooting. OSP investigators also interviewed a fourth person who was present and is not likely to be charged.

The purpose of the investigation deals primarily with the shooting of Ferry. The murder of Jason Goodding was not the primary focus because the legal issue is whether the surviving officer was justified in using deadly force. Members of the Major Crime Team to announced that review of the evidence shows that Officer Davidson was legally and morally justified in using deadly force against Ferry. There will be no Grand Jury inquiry. Eventually, the full investigation and reports will be provided to the City of Seaside and much of that will become public record. Similarly, once the OSP investigation is over the 911 calls and some of the bodycam footage may become subject to public disclosure, but not this week. A related investigation, aided by the federal Bureau of Alcohol, Tobacco, and Firearms, is ongoing into where Ferry, a many-time convicted felon ineligible under existing state and federal laws from possessing a gun, got the firearm with which he killed Sgt. Goodding.


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