Headlight Herald - Tillamook, Ore., Wednesday, March 27, 2013 - Page A3
“The smokestack is a monument,� mayor Suzanne McCarthy said. “I would want to put something back. Or only take part down.� If the city gets rid of the smokestack, “we will hear from people,� she said. “If something drastic happens before we’re done, are we liable?� councilor Jerry Bartolomucci asked. “The taxpayers don’t need that.� Deeding the property to the city could be done in conjunction with the demolition, Trost suggested. Councilor John Foulk suggested fiberglassing the smokestack, as was reportedly done with the Astoria Column. “There’s very possibly a grant available for restoration,� he
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said. “I don’t think we’re against it (demolition),� McCarthy told Trost. Let City Manager O’Leary submit an application to the Guard, she urged the council. “We don’t have to accept it.� The council voted unanimously to authorize O’Leary to do so. “I’ll have the budget done by mid-April,� O’Leary said, “and the application is due May 1. I can make the time,� he said. “I think there’s a probable benefit to the community.� O’Leary said he’d also contact the State Historic Preservation Office (SHPO) about grants for restoration. At Monday’s meeting, the council also voted to appoint
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Eugene Tish to the vacant position on the city’s planning commission. Tish replaces John Ramer, who moved, and will fill out the balance of Ramer’s term, which lasts until January 2016. The council was scheduled to meet Thursday, March 21 in special session to approve the contract with the neighboring Watseco-Barview Water District. Garibaldi would provide the state-licensed operator for the little water district, and do water testing and maintenance, and meter reading; the district will still do its own billing. The extra work – and extra revenue – will mean the city will be rehiring a fourth public works employee, O’Leary said.
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“At the time the widow brought up the information that victim was paying rent, no mechanism existed by which that evidence could be admitted,� his letter stated, adding that it wasn’t until months later that a new case (State v. Supanchick) suggested ways to submit such evidence and by then, Porter said he’d forgotten about the emails. Porter wrote that it was the
defense attorney who was leaning on the widow’s family in a “questionable way� and upon explaining to her what her rights were, she declined to speak with them. Porter also stated that he “pulled out all the stops to get the defense everything they asked for at top speed.� According to a March 5 letter addressed to Porter by the Oregon State Bar, this referral to disciplinary counsel
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The EPA, Kennedy noted, intended “to regulate traditional industrial sources such as sawmills.� The regulation’s reference to “facilities� and “establishments� suggest “industrial sites more fixed and permanent than outdoor timber-harvesting operations,� he wrote. Kennedy also praised Oregon’s Forest Practices Act, noting that the state has “made an extensive effort to develop a set of best practices to manage storm water runoff from logging roads.� The EPA “could have reasonably concluded that further federal regulation in this area would be duplicative or counterproductive,� Kennedy wrote. “It’s wonderful news,� county commissioner Tim Josi told the Headlight Herald. “We’ve spent a lot of time and resources fixing ‘legacy roads’ built after the Tillamook Burn.�
ODF “has spent millions on upgrading roads and removing proximity to streams,� he stated. The runoff problem, Josi said, has been being addressed for some time. “Now that this issue has been decided, we’ll rely on the Forest Practices Act,� he added. “Oregon appreciates the court’s recognition of our existing laws and best practices,� Oregon state forester Doug Decker said in a prepared statement. “It’s a big deal for Oregon’s forest industry,� former state legislator Paul Hanneman agreed. Hanneman, from Pacific City, was chair of the House Natural Resources Committee when the Oregon Forest Practices Act was passed in 1971. Justices Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito Jr., Sonia Sotomayor, and
is not a determination that any misconduct has occurred. Misconduct means a violation of the rules of professional conduct and applicable statutes that govern lawyer conduct in the state of Oregon. Once disciplinary council has conducted its investigation, it will either dismiss the charges or seek approval from the State Professional Responsibility Board to move forward.
Elena Kagan, and Chief Justice Roberts concurred with Kennedy’s opinion. Justice Stephen Breyer reportedly recused himself and didn’t participate in the consideration or judgment. The only dissenting opinion was offered by Justice Antonin Scalia - who noted he agreed with two parts of the judgment. Allowing agencies to interpret their own regulations is dangerous, Scalia suggested; regulations should be enforced based on what was said, not what someone claimed was intended, and the regulation in question did not say that logging operations were exempt from permit requirements. The EPA’s revised rule, issued just before the Supreme Court’s hearing, showed the agency was capable of writing clear and concise regulations, he noted.
Wheeler approves grant application to acquire property for Bott’s Marsh Park BY DAVE FISHER for the Headlight Herald
If all goes according to plan, say goodbye to big development of Bott’s Marsh and the adjacent property to it simply known as the “uplandâ€? property. In a presentation to the Wheeler City Council on March 19, John Jelineo and Vern Scovell, owners of the property, laid out a plan for the City of Wheeler to acquire the 8.3 acres upland parcel through a grant with the Oregon Parks and Recreation Department (OPRD). As for the Bott’s Marsh property to the north, Jelineo and Scovell are working with other agencies to keep the wetlands intact and protect it from any future development. “I don’t want another five years of bickering (about trying to develop the property),â€? said Jelineo, who owns 50 percent of the property. “Vern is on the same page‌It’s obvious with the vision of this town, it doesn’t want big time development on that land.â€? Prior to 2010 when Jelineo acquired 50 percent ownership, Scovell owned the property in its entirety; since the 1980s Scovell had planned to build a marina on a portion of the 30+ acres of land. Stymied by the U.S. Army Corps of Engineers and the State of Oregon, Scovell went back to the drawing board and submitted plans for a scaled down 85-slip marina in the fall of 2003. According to reports in the North Coast Citizen, it was the City of Wheeler, which had jurisdiction of the Bott’s Marsh parcel through the Urban Growth Boundary Agreement with Tillamook County, that put the brakes on the proposed marina for the second time. Most recently, Jelineo and Scovell explored the possibility with developer Mike Nelson to construct condominiums with commercial space on the main level on the site, a plan that was met with resistance by Wheeler and its citizens through its vision
plan for the city. Noting that the last commercial building to be built in Wheeler happened in 1984, Jelineo said at this point he and Scovell were content to “take the path of least resistance� and grant the upland portion of the property to the City of Wheeler for purposes of a park and Bott’s Marsh to a conservatory to protect the wetlands. In the plan outlined by Jelineo, the sellers would make available to the City of Wheeler the property with a clear deed free of any liens or encumbrances, with the sellers shouldering the cost of the appraisal. For the city’s part, the only cost it would incur would be that for writing and submitting the grant to OPRD, an amount, said City Manager Jeff Aprati that would not exceed $2,500. To sweeten the deal even further, Jelineo said he would be willing to split the cost of the grant application if for some reason the deal did not go through. In a process fraught with details, the city has until April 12 to submit its grant application. In the meantime, Jelineo and Scovell have contacted the Oregon Watershed Enhancement Board about acquiring the wetlands parcel. “OWEB is very excited about the prospect of acquiring that piece,� said Jelineo. For the benefit of city councilors and some 20 members of the audience, Mayor Stevie Burden characterized the deal presented by Jelineo and Scovell, as a single package, but with two components (parcels) with separate funding (grants) for both. “This is the first time we’ve had the opportunity for city ownership of this property,� said Burden, who expressed concerns over the appraisal process, which could derail the deal and the cost of writing the grant. “My concern is we’re going to have to write the grant, and it (the cost) is a lot for us. With an April 12 deadline, it’s a
The Northwest Oregon Housing Authority (NOHA) is seeking applications for a Vacant Resident Member position on the Board of Commissioners. NOHA owns and manages housing for low- and moderateincome people and administers federal housing assistance programs in Clatsop, Columbia and Tillamook counties. The vacancy is for a four-year term. The board meets once a month. For further information you may contact NOHA at (503) 861-0119, Ext. 111. If interested, please send a letter of intent to NOHA, PO BOX 1149, Warrenton , OR 97146. C10992
pretty big leap of faith.â€? As for the sellers, Jelineo assured the council that he and Scovell would do everything they could to make the deal happen, but acknowledged that everyone, including OWEB or another conservatory interested in acquiring Bott’s Marsh, needed to be onboard. In addition, the appraisal could be a sticking point as Jelineo noted that he and Scovell “have a number we need met on the wetlands and upland portion.â€? The sellers hope to have the transaction successfully completed by year’s end, a scant nine months away. “It’s a matter of one step at a time, until that day the grant is accepted‌ By the end of the year I want to put this chapter of my life behind me,â€? said Jelineo. Lisa Phipps, director of the Tillamook Estuary Partnership, noted the organization was supportive of the acquisition of the property. “We’re more than happy to provide any technical assistance, but not in grant writing‌ Acquisition of property is not our specialty.â€? Lower Nehalem Community Trust Director Erich Miller cautioned that land acquisition is a “very complex process,â€? but that the Trust, which has been involved in acquiring a number of environmentally sensitive parcels of land in the Nehalem Bay area in recent years, is supportive and interested in helping to facilitate the process. After the hour-long presentation and question and answer period, the Wheeler City Council approved a resolution to authorize an application for a local government grant from OPRD for acquisition of the upland property for purposes of establishing a park.
COLISEUM THEATRE 310 MAIN, TILLAMOOK 842-6111
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