3A
THE DAILY ASTORIAN • MONDAY, AUGUST 8, 2016
Committee: No changes to Measure 97 voters’ guide text
Legal opinion
leaves cloud
By PARIS ACHEN
Capital Bureau
SALEM — The November
elections guide will say that rev-
enue from a controversial cor-
porate sales tax measure must
be spent on education, health
care and senior services, despite
a legal opinion to the contrary.
Measure 97, formerly Ini-
tiative Petition 28, levies a 2.5
percent tax on the Oregon sales
of certain large corporations
exceeding $25 million. The
measure, proposed by union-
backed Our Oregon, would
yield an estimated $3 billion per
year in new revenue.
Each year, a committee of
state and local oficials com-
poses what is intended to be
an unbiased description of the
inancial impact of each ballot
measure to include in the vot-
ers’ pamphlet.
Committee language
The committee is made up of
the secretary of state, state trea-
surer, director of revenue, head
of the Department of Adminis-
trative Services and a local gov-
ernment representative.
The committee on Friday
denied multiple requests to
change language in the state-
ment on Measure 97 that “the
increased revenue will require
increased expenditures by
the state in the areas of public
early childhood and kindergar-
The fiscal impact
statement in the elections
guide is ‘both factually
incorrect and also
misleading to the public.’
State Rep. John Davis
R-Wilsonville
ten through grade 12 education,
health care and senior services.”
The requests were based on
an opinion by legislative coun-
sel. The opinion concludes the
measure effectively places no
restrictions on lawmakers from
spending the revenue on other
things.
The Legislature “may
appropriate revenues gener-
ated by the measure in any way
it chooses,” according to the
opinion.
State Rep. John Davis,
R-Wilsonville, wrote in an
email to the committee that the
iscal impact statement is “both
Oyster farmer wins clear victory in court
Paciic County
considering
next moves
By NATALIE ST. JOHN
EO Media Group
SOUTH BEND, Wash. —
For two years, oyster farmer
Dan Driscoll has been tell-
ing anyone who would listen
EO Media Group
that Paciic County’s legal and Oysterville Sea Farms appears to have finally prevailed
administrative actions against in a long regulatory dispute with Pacific County.
his small seafood shop and deli
were just plain wrong.
says that he’s been operating packaged cereal, and by offer-
In late July, a Paciic County legally and properly, as we’ve ing outdoor seating on a deck
Superior Court judge ruled that said from the beginning,” that overlooks the bay. Driscoll
Driscoll was right.
Driscoll’s Olympia-based attor- asked for the court hearing in
The striking opinion from ney, Ben Cushman, said.
hopes of gaining clarity about
visiting Judge William Faub-
what was allowed on the prop-
ion reverses a South District Good news for land use? erty. Goelz’s decision offered
Court ruling last year that found
The county has long con- a “partial, but not complete
Driscoll guilty of two infrac- tended that although Driscoll’s vindication” Cushman said,
tions from the County Depart- business was grandfathered because it said Driscoll did
ment of Community Develop- because it predated the coun- have the right to continue most
ment. But the potential legal ty’s current land-use policies food service and retail activi-
implications go much farther. and shoreline master program, ties, but still found him guilty
Faubion essentially gutted he had altered and intensiied of the violations. Driscoll took
Judge Doug Goelz’s determina- the business in ways that went his case to Superior Court.
tions about what type of busi- too far. County oficials and
Faubion, on the other hand,
ness activities are allowed on other regulatory agencies ini- said not only does Driscoll have
the site of the Driscoll family’s tially approved Driscoll’s plans the right to continue operating
historic Oysterville cannery. to open the retail shop and deli. his business, but “it is clearly
Faubion called many aspects of But later, Community Develop- the intent” of both the shoreline
that decision — and the coun- ment Director Faith Taylor-El- master program and the exist-
ty’s rationale for taking action dred, who left the department ing land-use ordinances, “to
against Driscoll — “errone- earlier this summer, reversed encourage the continued use of
ous,” and ruled that Driscoll’s course.
existing commercial properties
business was not in either of
In summer 2014, the county such as the historic Oysterville
the protected zones the county cited Driscoll, saying that he Cannery, including the intensi-
believed it to be in.
violated county ordinances and ication of uses, so long as con-
“It’s a vindication of Dan, the shoreline master program sistent with other health and
and Dan’s position. It basically by selling wine and beer and environmental regulations, and
not detrimental to the aquatic
environments.”
“It’s kind of a return to nor-
malcy, and that’s a very prom-
ising sign, I think, both for
Dan’s case, and probably for
land use in the county,” Cush-
man said, “If the county takes
this to heart.”
Paciic County Prosecu-
tor Mark McClain, who rep-
resents the county in civil
and land-use matters, said the
county would review options.
“This ruling appears to be
in conlict with existing state
law and our locally adopted
ordinances which are designed
to protect the environment.
The logic in this ruling would
appear to support high-intensity
commercial or industrial uses
next to the shoreline, which
this community has determined
to be an area we wish to pro-
tect against intensive develop-
ment. While this case is per-
sonal to Mr. Driscoll, the board
has viewed this as a community
issue in protecting their adopted
land-use regulations. We will
meet with our clients, the Board
of Commissioners, later in the
week to outline the legal issues
presented by this decision and
discuss the board’s options,”
McClain said in an email.
factually incorrect and also
misleading to the public.”
Committee members, how-
ever, noted that the Legislature
could alter any non-constitu-
tional ballot measure, including
Measure 97.
“I don’t think we put
that caveat in all of statutory
changes in measures in the
past,” said George Naughton,
interim director of the Depart-
ment of Administrative Ser-
vices. “I probably wouldn’t
include it just for that reason.”
Point of contention
How the money will be
spent is a point of contention
between the campaigns for and
against the measure. The oppo-
sition has compared the tax with
writing “a blank check” to law-
makers, while proponents have
described the tax as a ix-all to
the state’s school and health
care funding problems.
Pat McCormick, a spokes-
man for the Defeat the Tax on
Oregon Sales campaign, said
the committee could have eas-
ily addressed the inaccuracy in
the statement by saying the bal-
lot measure “states,” rather than
requires, that the revenue is to
be used to provide additional
funding for education, health
care and senior services.
“It’s disappointing,” McCor-
mick said. “I think they are fail-
ing to provide the kind of help
to voters they are supposed to
provide.”
The Capital Bureau is a col-
laboration between EO Media
Group and Pamplin Media Group.
Initiative petitions receive
oficial ballot numbers
By PARIS ACHEN
Capital Bureau
SALEM — Seven bal-
lot measures up for a vote in
November have received mea-
sure numbers from the Secre-
tary of State’s Ofice.
Initiative Petition 28, levy-
ing a 2.5 percent tax on Oregon
sales of certain large corpora-
tions exceeding $25 million,
is now known as Measure 97.
The measure would yield
about $3 billion annually in
new state revenue with the
intent to help support schools,
health care and senior services.
Measure 98 is the new
name for the Initiative 65 high
school dropout measure. The
measure requires $147 million
in new funding for high school
dropout prevention, college
readiness and career technical
education programs.
Measure 99, the new name
for Initiative 67, dedicates lot-
tery proceeds to continuously
fund a statewide outdoor edu-
cation program.
Initiative 68 seeking to pro-
hibit the sale of items made
from 10 endangered species is
now called Measure 100.
Violation of the law could
result in a civil penalty of up to
$6,500, along with seizure by
the state Department of Fish
and Wildlife.
Three of the seven ballot
measures stem from legisla-
tive referrals.
• Measure 94 amends the
constitution to abolish the
mandatory retirement age for
state judges, which is set at 75.
• Measure 95 allows public
universities to invest in equi-
ties to reduce inancial risk and
increase investments to bene-
it students.
• Measure 96 dedicates 1.5
percent of state lottery pro-
ceeds to support services for
Oregon veterans.
The measures are num-
bered according to the order
the Secretary of State’s Ofice
approves each initiative for the
ballot. Legislative referrals are
irst in line. Campaigns for the
initiatives already largely knew
what number each measure
would receive, but the Secre-
tary of State’s Ofice made the
numbers oficial Friday.
The Capital Bureau is a col-
laboration between EO Media
Group and Pamplin Media Group.
Warrenton Police seize drugs, stolen property
By KYLE SPURR
The Daily Astorian
While checking on an ille-
gally parked RV in the Fred
Meyer parking lot in July, War-
renton Police discovered more
than 10 pounds of drugs, a sto-
len .22 caliber gun, jewelry and
other property.
Shyann Howard, 29, who
was with the RV, was arrested
for a warrant, providing false
information to police, identity
theft, possession of heroin, pos-
session of methamphetamine,
unlawful possession of mari-
juana and unlawful distribution
of marijuana.
When Oficer Robert Wirt
initially contacted Howard on
July 16, she identiied herself
as Tiffany Howard, her sister.
While waiting for Howard to
get her identiication, Wirt saw
a syringe with a brownish sub-
stance on the bed. He also saw
evidence of drug use on How-
ard, and she admitted she uses
drugs. He conirmed there was
no one else in the RV. He saw
numerous items of drug para-
phernalia and multiple pieces of
jewelry lying around the RV.
At the time, Wirt seized 3.8
pounds of marijuana, heroin
and methamphetamine.
He then applied for a search
warrant for the RV and a pickup
truck. Both vehicles were
searched on July 28. The search
uncovered an additional 6.86
pounds of marijuana, 3.1 grams
of black tar heroin, a Ruger .22
caliber irearm, numerous scales
and other items associated with
drug distribution, hundreds of
rounds of ammunition in vari-
ous calibers, numerous items of
jewelry, jewelry making tools,
loose gems and multiple other
items that are possibly stolen.
Some of the items had
markings from Ketchikan,
Alaska. Wirt contacted Ket-
chikan Police to work with
them on identifying the items
that were stolen. A passport
was found in the RV that was
stolen from the mail in the
Seattle area. Police do not
believe any of the other items
were stolen locally, but the
investigation continues.
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