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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (June 26, 2015)
3B THE DAILY ASTORIAN • FRIDAY, JUNE 26, 2015 Friday Canoe Adventures, 9 a.m., Sunset Pool, 1140 Broadway, Seaside, $20 to $30. Plein Air & More Art Festival, 10 a.m., multiple venues and on the beach, Cannon Beach. Katherine Taylor Artist Reception, noon, Fairweather House & Gallery, 612 Broadway, Seaside. Beth Willis, Americana, 7 p.m., Lumberyard Rotisserie & Grill, 264 E. 3rd St., Cannon Beach, no cover. Bruce Smith & the Boda Boyz, rock, 7 p.m., The Birk, 11139 Hwy. 202, Birkenfeld, no cover. Astoria Music Festival “The Magic Flute,” 7:30 p.m., CCC Per- forming Arts Center, 588 16th St., Astoria, $15, all ages. Manzanita Film Series “A River Between Us,” 7:30 p.m., Hoffman Center, 594 Laneda Ave., Manzanita, $5. “Little Shop of Horrors,” musical, 7:30 p.m., Coaster Theatre, 108 N. Hemlock St., Cannon Beach, $18 to $23, rated PG-13. * Miss Oregon Teen, 7:30 p.m., Seaside Civic & Convention Cen- ter, 415 First Ave., Seaside. Nick Jaina & Israel Nebeker, music and readings, 8 p.m., Sou’Wester Lodge, 3728 J Place, Seaview, Wash. Bradford Loomis, Americana, 9 p.m., The Adrift Hotel, 409 Sid Snyder Drive, Long Beach, Wash., no cover. Saturday Angora Hiking Club Saddle Mountain Trail Head Hike, 9 a.m., meet at Basin Street Parking Lot, 334 W. Marine Drive at 6th St., Astoria. * Guided Canoe Tours, 9 a.m., Lewis & Clark National Historical Park, 92343 Fort Clatsop Road, Astoria, all ages. * Lower Columbia HorseFest, 9 a.m., Clatsop County Fair- grounds, 92937 Walluski Loop, Astoria, free, all ages. ABATE Saddle Mountain Run, 9 a.m., Astoria Moose Lodge, 420 17th St., Astoria, $20. Plein Air & More Art Festival, 10 a.m., multiple venues and on the beach, Cannon Beach. Manzanita, $10. “It Could Be Any One Of Us,” comedy, 7:30 p.m., Coaster The- atre, 108 N. Hemlock St., Cannon Beach, $15 to $20, rated PG. Miss Oregon Finale, 7:30 p.m., Seaside Civic & Convention Cen- ter, 415 First Ave., Seaside. Catherine Feeny & Chris Johnedis, jazz, 8 p.m., Sou’Wester Lodge, 3728 J Place, Seaview, Wash. Alexa Wiley & the Wilderness, rock, 9 p.m., KALA, 1017 Marine Drive, Astoria, $8. Bradford Loomis, Americana, 9 p.m., The Adrift Hotel, 409 Sid Snyder Drive, Long Beach, Wash., no cover. Dedric Clark & the Social Animals, rock, 9 p.m., Pitchwood Inn & Alehouse, 425 3rd St., Raymond, Wash., $5. Anne-Marie Sanderson, indie, 9:30 p.m., The Voodoo Room, 1114 Marine Drive, Astoria, no cover, 21 and older. DJ Nacho Bizznez Top 40 Dance Party, 10 p.m., Twisted Fish Steakhouse, 311 Broadway, Seaside, no cover, 21 and older. * Astoria Music Festival Classics 4 Kids, 11 a.m., CCC Perform- ing Arts Center, 588 16th St., Astoria, free, all ages. Fort to Sea Hike, Noon, Sunset Pool, 1140 Broadway, Seaside, $20 to $25. * Miss Oregon Parade, 2 p.m., along Holladay and Broadway in downtown Seaside, all ages. Astoria Music Festival Matinee Organ Recital, 4 p.m., Liberty Theater, 1203 Commercial St., Astoria, $15, all ages. The Half Hearted, indie, 7 p.m., Peninsula Arts Center, 504 Pacific Ave., Long Beach, Wash., $12. Woodland, Americana, 7 p.m., Confluence Project Amphitheater, Cape Disappointment, Ilwaco, Wash., free. Astoria Music Festival Chamber Music, 7:30 p.m., Liberty The- ater, 1203 Commercial St., Astoria, $17 to $45, all ages. Chris Taylor, jazz, 7:30 p.m., Hoffman Center, 594 Laneda Ave., Sunday * Let’s Go Birding Bird Survey, 8 a.m., Sunset Beach State Rec- reation Site, Warrenton, all ages. * Guided Canoe Tours, 9:30 a.m., Lewis & Clark National Histori- cal Park, 92343 Fort Clatsop Road, Astoria, all ages. Plein Air & More Art Festival, 11 a.m., multiple venues and on the beach, Cannon Beach. Bruce Smith & the Boda Boyz, rock, 2 p.m., The Birk, 11139 Hwy. 202, Birkenfeld, no cover. Astoria Music Festival “Maria Stuarda” Finale, 5 p.m., Liberty Theater, 1203 Commercial St., Astoria, $25.50 to $85, all ages. Henry Curl, neo-folk, 8 p.m., The Adrift Hotel, 409 Sid Snyder Drive, Long Beach, Wash., no cover. Luke Sweeney, rock, 8 p.m., Fort George Brewery, 1483 Duane St., Astoria, no cover. * Recommended for kids. Long-running dispute with oysterman is in judge’s hands Argument over zoning enforcement returns to court fathered” at least some aspects of Driscoll’s Oysterville Sea Farms, because his family’s activities there predated the new rules. &RXQW\RI¿FLDOVVD\'ULVFROO repeatedly tried to expand his business into something more ambitious than a seafood mar- By NATALIE ST. JOHN ket, especially after about 2007, EO Media Group when he gradually began add- ing to his inventory, serving hot LONG BEACH, Wash. — foods and alcohol, and offering After months of delays, the seating. They also say his busi- second half of oysterman Dan ness is in either an “aquaculture” Driscoll’s hearing over a con- or “conservation” zone (they’re tested June 2014 citation from not sure which), where commer- WKH 3DFL¿F &RXQW\ 'HSDUWPHQW cial activity isn’t allowed. RI&RPPXQLW\'HYHORSPHQW¿- Driscoll and his attorney, nally took place June 16. Ben Cushman, say the coun- However, it’s still not clear ty’s enforcement effort is fun- which side will prevail in the GDPHQWDOO\ ÀDZHG EHFDXVH ongoing debate about what ac- Driscoll’s business is actually in tivities are allowed in Driscoll’s a residential zone (there are still retail seafood market. After a restrictions in residential zones, full day in South District Court, but they are somewhat differ- Judge Doug Goelz said that ent). According to Cushman, while he thought the county the county has overstepped its had been unfair to Driscoll, they authority by trying to control didn’t necessarily violate their what Driscoll sells, rather than own policies or state law when how he uses his property, mak- they cited him for engaging in ing it nearly impossible for him business activities that they had to stay in business. previously approved. Due to the complexity of the Goelz put the court in re- legal issues and several cancel- cess without indicating how lations and delays, the court pro- he would rule. A South District ceedings have dragged on for Court employee said it could be nearly a year. anywhere from a few days to a Driscoll won a small victory few months before Goelz reach- in February when Goelz issued es a decision. a partial decision, based on the ¿UVWGD\RIWKHKHDULQJWKDWVDLG Family business Driscoll could legally sell oys- Driscoll’s family has legal- ters-on-the-half-shell and an ex- ly operated some type of retail panded line of retail goods in his seafood business at the site of shop. But Goelz wanted to hear their historic Oysterville cannery more testimony before deciding since the early 1970s. In 1975, whether Driscoll has the right to the county created a Shoreline serve ready-to-eat foods or beer Master Plan. With this plan came and wine. county ordinances that prohib- In late March, Cushman par- ited new businesses along the ticipated in settlement talks with bayshore. But the county “grand- the county, but the two sides Grandfathered in? Richter, who is typically soft-spoken with impeccable manners, showed a rare degree of intensity as he argued the Driscolls had only run a very basic retail operation in the ‘70s and ‘80s, and the grandfathering agreement was never intend- ed to allow anything other than that. Since the ‘90s, Richter said, Driscoll’s business has become “a different type of operation al- together.” Driscoll and his family say NATALIE ST. JOHN — EO Media Group they’ve run a retail market since Dan Driscoll finally had his day in court over a long regu- the ‘70s, but in court, a claim latory dispute with Pacific County. The decision may take only counts if you can prove it, a few days or months. and documentation from that era is scarce. Driscoll came up with a were not able to reach an agree- cially in their early interactions, 1976 newspaper photograph that ment, so the second half of the possibly because they’d never shows him selling oysters outside dealt with a comparable zoning the cannery, but little else. KHDULQJ¿QDOO\WRRNSODFH “All we have at this point is issue before. A base of support “It was a unique situation the [a] picture of Mr. Driscoll sit- $ERXW SHRSOH ¿OOHG WKH county found itself in and [the ting on the steps with a bag of benches in Goelz’s courtroom DCD staff] was probably not oysters next to him, playing a on June 16. These included very practiced in how they han- guitar,” Richter said. “There’s Driscoll’s witnesses and friends dled the situation,” Richter said. been no testimony that he was and family members, as well But, he continued, under selling alcohol … there’s been as citizens who wanted to sup- Washington law, a government no testimony that he was selling port him. County Administrator agency still has the right to en- hot foods.” Kathy Spoor and senior prose- force lawful policies, even if In an effort to prove the coun- cutor Eric Weston sat in, along they’ve made mistakes in the ty had applied a unique standard with Faith Taylor-Eldred, Tim past. And, Richter added, citi- to Driscoll’s business, Cushman Crose and Megan McNelly, all zens still expect the DCD to up- called several witnesses, includ- from Community Development. hold the county’s health, safety ing Susan Hagerup, a former Driscoll’s uncle, Dick Sheldon, and environmental policies. co-owner of Ole Bob’s seafood whom the county had called as Cushman argued the DCD market in Ilwaco, and David a potential witness, waited in didn’t just enforce their policies Bross, who owned the Crab Pot the lobby for much of the day. inconsistently at Oysterville Sea when it was just a seafood mar- But like the other people on the Farms, they applied a completely ket. county’s witness list, he was different, more burdensome stan- %RWK WHVWL¿HG WKH\ WRR KDG never asked to testify. dard to that business than they sold a variety of retail items, Speaking on behalf of the did to other seafood markets. sold beer and wine for takeaway, county, deputy prosecutor Don Cushman alleged that the coun- served ready-to-eat seafood 5LFKWHUVDLG'ULVFROOKDGGH¿HG W\¿UVWDSSURYHG'ULVFROO¶VSODQV products, and offered casual seat- orders from the county to curtail then asked him to make costly ing where customers could enjoy his activities. Richter acknowl- and time-consuming upgrades their purchases. However, unlike edged that the DCD staff had to his facilities, and then, after Driscoll, Hagerup and Bross said been inconsistent with Driscoll he had complied, changed their they’d rarely, if ever, met with and had made mistakes, espe- policies and ordered him to stop. any resistance from Community Development. Pacing back and forth, and gesticulating broadly, Cushman delivered an impassioned cri- tique of the county’s manage- ment practices. “Selling wine? All the other ¿VKPDUNHWVGRLW6HOOLQJJUDLQ DQGEUHDG"$OOWKHRWKHU¿VKPDU- NHWV GR LW 6HOOLQJ DOO WKH RWKHU things that we sell? All the other ¿VKPDUNHWVGRLWDQGWKHFRXQW\ doesn’t have a problem with any- body doing it but us,” Cushman said. Richter objected to this rea- soning, saying the county must have some authority to regulate activities at “grandfathered” businesses in order to protect the environment and prevent health and safety hazards. “You don’t get grandfathered to make people sick,” Richter said. Not easy to decide In his concluding remarks, Goelz explained that, in all of Washington history, there were probably only a handful of cases where a court had limited a gov- ernment’s enforcement authority based on errors it made in the past. “Generally speaking, gov- ernment isn’t bound by past conduct” for a variety of reasons, Goelz said. “On the other hand,” he con- tinued, “ this is a pretty egregious case where a person spends money to jump through hoops he’s required to jump through, and suddenly we’re saying, ‘You can’t do that.’” Goelz said he planned to re- view previous testimony and case law before coming to a con- clusion. “It’s not an easy case to de- cide,” Goelz said. ENCORE board elected for 2016 GRADUATES On May 29, at the annual general membership meeting of Exploring New Concepts of Re- tirement Education (ENCORE) held in Astoria, the following RI¿FHUVZHUHHOHFWHGIRUWKHQH[W ¿VFDO\HDURI)UDQN6SHQ- ce, president; Gerri Penny, vice president; Anne Gant, secretary; and Ellen Stoner, treasurer. ENCORE, a member-run organization sponsored by Clatsop Community College, is for retirement-aged people who want to continue learning. For information and a mem- bership form, contact Mary Kemhus, community educa- tion coordinator at CCC at 503-338-2408. Timothy Elliott Putman has received a Ph.D. in mo- lecular and cellular biology from Oregon State Universi- ty in Corvallis. His thesis was on “A Culture-Independent Approach to Chlamydial Genomics.” He has accepted a post-doctoral position at the Scripps Research Institute in La Jolla, Calif. Putman is a 1999 graduate of Seaside High School, and a 2009 graduate of the University of Or- egon. He is the son of Steve and Marcia Putman of Gearhart. The following student has graduated from college: Williams College Williamstown, Mass. Astoria: Jasmine M. Thomasian, bachelor’s degree, reli- gion. The following student has graduated from an alternative high school: Oregon National Guard Youth Challenge Program Bend Seaside: Brandon Velazquez. RELIGION BRIEFS Astoria First United Methodist The Astoria First United Methodist Church, 1076 Frank- lin Ave., is holding a Triple De- light: Music, Meal and Auction Fundraiser Saturday to support its mission, including being the new home of the Astoria Warming Center, starting this winter. The concert, by violinist Kim Angelis and guitarist Jo- sef Gault, is from 6 to 7 p.m., during the spaghetti dinner, and is followed by a live and silent auction at 7 p.m. The doors open at 5:30 p.m., and the cost is $10 for adults and $5 for chil- dren younger than 12. Auction items donat- ed by local businesses and friends and members of the church include a one night stay at the Benjamin Young Inn (includes full break- fast), a manicure and ped- icure at Shear Expressions, cookies every month for a whole year, an original painting by Sue Bish, three hours of yard work and much more. The Rev. Carol Pritchard said the church will add a shower, washer and dryer to help serve the area’s homeless, adding that the center will open around November, whenever inclement weather is forecast- ed. “It’s really a community issue,” she said. The purpose of the Satur- day fundraiser is also to help continue the church’s support to local missions, including providing free meeting space for Alcoholics Anonymous, Al- anon, Girl Scouts, free exercise classes and other events. Grace Episcopal Sunday is Hunger Aware- ness Sunday at Grace Epis- copal Church, 1545 Franklin Ave., with an ingathering for the Hunger Ministries at the church at both the 8 and 10 a.m. services. Both monetary and nonperishable food items are requested. Canned meals such as chili and stew are especially needed. The monthly Communi- ty Dinner is being served at 4 p.m. Sunday in the Parish Hall. Those willing to help should come at 3 p.m. to set up and at 5 p.m. to clean up. For information, call the church at 503-325-4691 or go to www.graceastoria.org Great Vow Zen Monastery CLATSKANIE — The Great Vow Zen Monastery, lo- cated at 79640 Quincy-Mayger Road in Clatskanie, is holding a Beginners’ Mind Weekend Re- L oca l, Fa m ily O w ned Com pa ny St. Mary, Star of the Sea St. Mary, Star of the Sea Catholic Church parish priest, Rev. John Hung Tran, left re- cently for a four week mission trip to his native Vietnam and other countries in Southeast Asia, as well as the Philippines. During his absence, Rev. An- drew Garcia of the Jesuit Com- munity of the University of San Francisco is handling the services. *DUFLD FHOHEUDWHG KLV ¿UVW Sunday Masses at St. Mary’s this past week, and remains for three more weeks. When he leaves, he will go to Portland, where he will be doing forma- tion work over the next year. Ca ring Professiona l Service Serving Fam ilies for G enerations H u g h es-R an som • F u n era l s, b u ri al s, a n d c rem a ti o ns • R el i ab l e 24-H o u r servi ce • Pre-pl anni n g a va i l ab l e • S pec i a l a tten ti o n to Vetera n s • S pec i a l R o o m s fo r R ec epti o ns M ortu ary & C rem atory w w w .h u gh es-ra n som .com SE A SID E • 220 N H ollad ay • 503.738.6622 treat, led by Adam Jogen Salz- berg and Patrick Bansho Green, from 5 p.m. July 10 to 1 p.m. July 12. During this weekend a mo- nastic schedule is followed. All elements of a meditation retreat will be covered, in- cluding basic meditation tech- niques, posture, breathing, formal meals, and dealing with obstructions. The cost is $150 ($120 for Zen Community of Oregon; a $75 reduced rate available to those in need) plus donation. For details, call 503-728- 0654 or email registrar@great- vow.org. Register online at http://bit.ly/1GxF59h Th e Slack 5 A STO R IA • 576 12th Street • 503.325.2535