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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Jan. 21, 2015)
10A THE DAILY ASTORIAN • WEDNESDAY, JANUARY 21, 2015 Cases: DUII debate has been a polarizing, and often personal, divide in Astoria Continued from Page 1A the city had apparently wasted the money spent successfully defending against Marquis over the years. The Oregon Court of Appeals ruled last year that Astoria has discretion over which court to send DUII cases for prosecution. Marquis, who brought the legal challenge against the city seeking jurisdic- tion, was preparing to ap- peal to the Oregon Supreme Court. A brief urging the court to review the appeals court ruling is due this week and, Marquis said, the state Attorney General’s - trict Attorneys Association because of the legal princi- ples involved. After learning of the City Council’s vote late Tuesday, Marquis said he might reconsider an ap- peal. “I am not interested in pursuing litigation with the city of Astoria, or causing to spend more money on a lawsuit that I never wanted the district attorney said. “So if the issue is re- solved, it may very well Brett Estes, the city manager, said after the council meeting that he would work with Brad Johnston, the police chief and assistant city manag- er, to implement the coun- cil’s direction to “promptly amend police department - tions in Circuit Court. For more than a decade, the DUII debate has been a polarizing, and often per- sonal, divide in Astoria. Astoria is the only city in Clatsop County to as- sign misdemeanor drunk- en-driving prosecutions to Municipal Court. Marquis and others have long argued that Cir- cuit Court offers a higher standard of justice, but direct comparisons be- tween the courts have been elusive and often anecdot- ing cases. - to separate the policy from the politics. Willis Van Dusen, Astoria’s popular former mayor, who led the city for 24 years before opt- ing not to run for re-elec- tion last year, defended the city’s handling of DUIIs in Municipal Court. Van Dusen’s stand, how- ever, was second-guessed by critics because of his own struggles with alcohol. The former mayor had three drunken-driving arrests be- fore publicly acknowledg- ing after his last arrest in 2006 that he needed help and would seek treatment. Earlier this month, when LaMear hinted that she was open to a fresh look at the issue, she questioned whether there is a signif- icant difference between how Municipal Court and Circuit Court handle DUII cases. A breakdown of DUII cases in Municipal Court provided by the city to The Daily Astorian through a public-records request, of- fers some insight. Of the 146 DUII cases in Municipal Court since 2010 that ended in convic- tion, dismissal or diversion, 41 — or 28 percent — were convictions; 25 — or 17 percent — were dismissals; and 80 — or 55 percent — were diversions. Drunken drivers are generally eligible for diver- they have not had a DUII arrest or diversion in the past 15 years. The newspaper has asked the Clatsop County more DUII cases than As- toria, for similar data and is awaiting a response. LaMear said Tuesday night that it is her duty as mayor to unify and lead the community. She said the city should concentrate on important issues such as waterfront development, the completion of a sew- er improvement project, the restoration of Heritage Square and the renovation of the Astoria Public Li- brary. “Instead of dwelling on the DUII issue, let’s con- centrate our efforts on these projects which will make Astoria an even better com- she said. LaMear had sensed a shift on the issue with the election last year of new Councilor Cindy Price — who is married to Marquis and had made the transfer of DUII cases to Circuit Court a priority — and new Councilor Zetty Nemlow- ill. “I’d just like to thank the mayor for showing lead- said, adding that she would be “delighted to have this Councilor Drew Herzig, who had campaigned on transferring the DUII cas- es to Circuit Court when he was elected in 2012, described the change as a But Warr, the lone dis- senter, said the city had prevailed before the state Legislature and the courts. Warr said the city had been “tried and convicted in the court of false state- Sea lions: Port has explored several options to rid dock of marine mammals Continued from Page 1A “The consensus of these experts is allow- ing the sea lions to continue to inhabit our said Evert, “and that their preference is to see the sea lions on the breakwaters, on the rock breakwaters, because otherwise we wind up in a situation where we’re domesticating In an effort to keep sea lions off the docks, Evert said the Port has explored sev- eral strategies, including: • Galvanized pipes placed 18 inches high running along the Port’s docks. • Colorful surveying ribbons, which irk sea lions with their noise, color and wind action. The strategy proved temporarily suc- cessful last year. Evert added that the Port’s looking into the use of banner rope with at- tached pennants. • Matting created by the Smith-Root Fisheries Technology that carries a low electrical current uncomfortable for sea li- ons. It’s also applying for Oregon State Ma- rine Board grants to replace and repair docks. Evert said the Port has spent about JOSHUA BESSEX — The Daily Astorian A sign at the East End Mooring Basin warns people of sea lions on the dock. to North Tongue Point. “In the process of protecting Port prop- erty, we’re pushing the problem off onto But the Port doesn’t want to be wildlife managers, he said, and it needs to empty the docks, market them to potential tenants and create what he, Evert and Dave Densmore, a - sin, mentioned as one of the best deterrents to sea lions: human activity. Rooftop: Mayor makes 14 new appointments Continued from Page 1A “The bank just has this won- derful opportunity to set a stan- dard for new building in down- I am not a person who wants to live in Disneyland. I don’t want all of our buildings to look alike. “But I think that some consis- tency in design elements is useful In other action Mayor Arline LaMear, meanwhile, announced Tuesday night that she had made 14 new appointments and 11 reappoint- ments to a host of city boards and commissions. Some on the City Council had wanted LaMear, who as mayor has discretion over ap- pointments, to consider submit- ting appointees to the advice and consent of the council. While LaMear said the council may discuss changes to the appointment process in its goal-setting session Friday, the mayor said she made the appointments so the boards and commissions would have the quorums necessary to function. “Some of these boards and commissions need appointments now as they either do not have a quorum or have the minimum The City Council also agreed - er purchase agreement with Pacif- iCorp related to a new hydroelec- tric generator at Bear Creek Dam. The city hopes to use the power generated by the turbine for the city’s water treatment system and sell the excess pow- K-9: He will be the only narcotics dog in county Continued from Page 1A Schermerhorn said. But Gunner He will be the only narcot- ics dog at a Clatsop County law enforcement agency since ahead of his predecessor, “very its narcotics dog early last year when its handler moved to Bend, said Paul Williams, chief Gunner likely will work with other law enforcement agen- cies, perhaps even in Tillamook County, Schermerhorn said. Although Gunner’s training in Cannon Beach and Washing- ton County will be ongoing, he Gregory doesn’t foresee running into any Cash-esque Top Dog, top dollar Last year, the department - cer program, and money is still trickling in, Schermerhorn said. “In fact, we’ve had people ask if they can continue to make Schultz donated Cash, the de- partment paid $6,200 for Gun- ner, who was purchased from and Consulting in Modesto, Ca- lif. That amount also paid for a one-year warranty on Gunner’s health that will include a total re- fund or replacement if Gunner’s Still in place are the commu- nity donations from Dogs Al- lowed Cannon Beach, which has pledged to provide free dog food for the life of the program, and Dr. Robert Remensnyder, a vet- erinarian at the Seaside Pet Clinic who will administer Gunner’s routine checkups free of charge. Gregory said he is sorry it’s taking so long to make the “everything happens for a rea- in service by March. Gunner, whose radio call sign is 709, is considered the department’s Gregory and his family. “He’s a really good dog. He’s got a great temperament. He’s smart. He’s doing really Gregory said. ‘Cash’ trouble Gunner doesn’t exactly have a tough act to follow. The department’s previous never made it through the train- ing with the Washington Coun- initially showed much promise when the department acquired him in August, Cash turned out to be rather jumpy, afraid of heights and, when he detected drugs, was inclined to bark ag- gressively rather then lead Greg- ory straight to them. Cash was returned to Schultz, his original owner, in early October. PUBLIC NOTICE CMH ENT/Cosmetic Surgery Clinic to close Feb. 20, 2015 After two years of dedicated service, Dr. Christopher Nyte will be leaving Astoria and the CMH ENT/Cosmetic Surgery Clinic will be closing. Dr. Nyte will continue to keep scheduled appointments until Feb. 20, 2015, and will ensure that his patients have alternative options if they have been under his care. Any patients who have seen Dr. Nyte in the CMH ENT/Cosmetic Surgery Clinic in the past 2 years will be able to access their records through the CMH Medical Records department; the phone number is 503-338-7528. Join us! FREE! Fun for the whole family! Community Health Fair February 14, 9am-2pm Clatsop County Fairgrounds 92937 Walluski Loop, Astoria, OR Join the CMH/OHSU Cardiology Clinic on Valentine’s Day for a fun and informative, heart-friendly Community Health Fair. < Get basic health screenings. < Get advice from experts on heart health, medication interactions, orthopedic surgery and more. < Learn about local health & fitness programs. < Talk with local medical specialists. < Test your strength and balance. < Win prizes hourly! Fun for the whole family!! &YDIBOHF4USFFU"TUPSJB0SFHPOt XXXDPMVNCJBNFNPSJBMPSHt"1MBOFUSFF%FTJHOBUFE)PTQJUBM
