THE DAILY ASTORIAN • WEDNESDAY, JANUARY 11, 2017
Railroad sues to force
approval of Oregon
track expansion
Associated Press
MOSIER — Union
Pacific on Tuesday asked a
federal judge to reject local
rules that threaten to derail
its plans to add a second
main track along the Colum-
bia River Gorge where a
crude oil train derailed last
June.
The railroad filed the
lawsuit in federal court in
Portland against Wasco
County and the Columbia
River Gorge Commission.
Omaha, Nebraska-based
Union Pacific says fed-
eral laws govern railroads,
so local restrictions like
the ones Wasco County
approved don’t apply to the
project.
Rod Runyon, chair of
the Wasco County board of
commissioners, said Tues-
day that he was surprised by
the lawsuit. He added that he
had not yet seen the lawsuit
to comment further.
Krystyna Wolniakow-
ski, executive director of
the Columbia River Gorge
Commission, said the
group is still reviewing the
complaint.
Union Pacific had sought
a permit for the $42 mil-
lion double-track proj-
ect in 2015. But the June
train wreck in the tiny town
sparked a massive fire and
renewed concerns about the
safety of oil trains rolling
through the region.
In November, Wasco
County
commissioners
voted to reverse a deci-
sion by the county’s Plan-
ning Commission and deny
the railroad’s application
to add 4 miles of a second
mainline to existing tracks
in and around Mosier. The
commission cited concerns
about the project affecting
tribal treaty rights.
Union Pacific has filed an
appeal before the Columbia
River Gorge Commission,
which is expected to hear
the case this summer.
Because it’s apparent
that federal laws take prece-
dence, the railroad argued, it
can seek a ruling now in fed-
eral court and shouldn’t have
to wait until that administra-
tive process is finished.
The project is import-
ant to the national railroad
system because it would
relieve congestion between
Portland and Hermiston, a
critical piece of the west-
ern region corridor, Union
Pacific said in its lawsuit.
The double track would
allow trains to pass each
other without stopping.
Much of the tracks would
run through the Gorge’s
National Scenic Area.
The Yakama Nation
had appealed county plan-
ners’ approval of the proj-
ect to Wasco County com-
missioners. The tribe said
increased train traffic along
the Columbia River would
interfere with tribal mem-
bers’ ability to access fish-
ing sites that lie alongside
those tracks.
3A
Dialogue on restriction of city
assets continues in Warrenton
Commission
soon to discuss
how to clear
up language
By ERICK BENGEL
The Daily Astorian
WARRENTON — The
City Commission will soon
have to decide how to resolve
confusion, and head off legal
complications, that could
result from a recently passed
ballot measure limiting the
city’s ability to dispose of big-
ticket assets.
Last week, the commis-
sion held a town hall meeting
to discuss the implications of
Measure 4-181 — the “Prop-
erty Protection Initiative”
— which passed in Novem-
ber and is now part of the city
charter. The initiative amended
the charter to require dou-
ble-majority voter approval
before the city can sell, trade,
divest or otherwise dispose of
any asset worth $100,000 or
more in 2014 dollars.
The City Commission
had adamantly opposed the
measure, claiming it would
slow city business and hinder
important transactions.
During the town hall, the
measure’s drafters and sup-
porters said their intention was
to prevent the city from getting
rid of valued property — pri-
marily real estate — without
community approval.
Meanwhile, Chad Jacobs,
a Portland attorney providing
special counsel for the city,
explained that unclear word-
ing in the charter amendment
makes it tough to determine
how the city should enforce
some provisions.
For instance, if the city
wants to pump water at a vol-
ume worth $100,000 or more
to a prominent seafood com-
pany, is the city selling an
asset — thereby triggering a
question for voters — or just
providing a service? Different
lawyers may arrive at different
conclusions.
At Tuesday’s commission
meeting, the discussion contin-
ued during public comments.
Mayor Mark Kujala said
the commission, in the near
future, will consider two
ways of preventing prob-
lems that may arise from the
measure.
The commission could pass
an ordinance that refines vague
language and makes provi-
sions less open to interpreta-
tion. For provisions that are
not vague but simply unwork-
able, the commission would
have to bring a charter amend-
ment to voters.
Transactions
Gil Gramson, the former
city manager and mayor who
helped promote the initiative,
insisted the change would not
disrupt routine city business.
Though the measure’s
explanatory statement in the
county voter’s pamphlet said
the city would need to get
voter approval before trading
in a city-owned garbage truck,
replacing a section of the water
system, or disposing of surplus
equipment, the petitioners said
these statements were mislead-
ing because these items are
rarely worth that much.
“As far as I can see, this
amendment allows the city
to carry on business as usual,
unless you’re going to sell,
trade or dispose of a large-
ticket asset,” Gramson said,
adding that he would be
“really surprised” if the mea-
sure posed a serious problem.
George Warren, a resi-
dent, said, “It’s easy to under-
stand how a group of people
who put together something
that seemed perfectly reason-
able to them” could compose
a charter amendment that is
“difficult for other people to
implement.”
Advocates for the initia-
tive — including Ken Yuill,
the chief petitioner — said
it was originally fueled by
opposition to a proposed land
exchange between the city and
Warrenton Fiber, in which the
city would trade part of Tansy
Point — a locally loved tract
of land — for some acreage
and a new Public Works facil-
ity on Dolphin Avenue.
Gramson said Jacobs made
fair points about the need to
clarify sections of the amend-
U.S.
Rep.
Suzanne
Bonamici on Tuesday reintro-
duced the Tsunami Warning,
Education, and Research Act.
The legislation would
strengthen tsunami detection
and warning systems, improve
response and resiliency and
better protect communities
vulnerable to a tsunami.
“Many
Oregonians,
including stu-
dents from
Seaside High
School
in
coastal Ore-
gon,
have
told me that
U.S. Rep.
there won’t be
Suzanne
enough time
Bonamici
to make it to
safety when
there’s a tsunami,” Bonamici,
D-Oregon, said in a release.
“I applaud Seaside residents
for passing a bond recently
to rebuild schools on higher
ground to reduce the dangers
of tsunami, and state and local
governments are working hard
to prepare and educate the
public.
“But the federal govern-
ment can do more to help
keep coastal communities safe
through improved warning sys-
tems. This bill is one part of the
solution. Preparing for tsunami
is a life-or-death matter for res-
idents of coastal Oregon and
other coastal communities.”
In the 2015-16 session, the
U.S. House of Representatives
unanimously passed a similar
version of the bill, which did
not pass the Senate.
Bonamici received spon-
sorship from 11 other represen-
tatives, including fellow Ore-
gon Democrats Peter DeFazio
and Earl Blumenauer; Repub-
lican Jaime Herrera Beutler
from Washington state; and
Washington state Democrats
Denny Heck, Pramila Jayapal
and Derek Kilmer.
The bill would improve
the tsunami warning system’s
forecasts of tsunami arrival
and damage estimates and
strengthen the National Oce-
anic and Atmospheric Admin-
istration’s hazard mitigation
program through additional
technical and financial assis-
tance to communities. It would
establish a working group to
provide advice on tsunami sci-
ence and technology, and sup-
port development of com-
munity-based outreach and
education programs to bol-
ster community readiness and
resilience.
Professional
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does “Support
Q: What
for Windows Vista
LEO FINZI
is ending” mean for
computers running
Vista?
Microsoft will no longer
security and repair
Astorias A: offer
updates after April 14,
Best.com 2017. Microsoft and Google
S upport
V iSta endS
for
a pril 14, 2017 .
u pdate to
W indoWS 7 or 10
here .
M-F 10-6 Sat & Sun 11-4
77 11th Street, Suite H
Astoria, OR
503-325-2300
have already stopped support
for Internet Explorer and
Google Chrome on Vista
computers. If your computer
runs Vista, you should only use
the Firefox browser.
You can trust us to upgrade
to Windows 7 or 10. We
are an authorized Windows
Refurbisher.
edges of my
Q: The
front teeth are
wearing. What
can I do?
JEFFREY M. LEINASSAR
DMD, FAGD
503/325-0310
1414 MARINE DRIVE,
ASTORIA
www.smileastoria.com
Your partner in
Get Fit
• Cardiac/Pulmonary Rehab 503-338-4052
• A Matter of Balance class 503-338-7564
• Strong Women, Strong Bones class 503-338-7564
• Tai Chi 503-338-7564
Manage Pain
• Physical Therapy Services 503-338-7555
• Chronic Pain Management class 503-338-7564
Eat Healthier
• Diabetes Education 503-338-4012
• Living Well with Diabetes class 503-338-7564
• Healthy Eating for Successful Living class 503-338-7564
Quit Tobacco
• Tobacco Cessation 503-338-7564
Help Others
• Volunteer 503-325-4321
• Donate 503-325-3208
Make the
Call!
2111 Exchange Street, Astoria, Oregon • 503-325-4321
www.columbiamemorial.org
A :
This is a common
finding on many
patients. The reasons can be
from misaligned teeth, harmful
habits or excess grinding and
bite forces. The latter is a very
common problem that needs to
be addressed. Orthodontic
correction and nighttime bite
guards are good choices to
help prevent further wear.
Q: Chronic pain
A :
Health & Wellness
What are your goals this year?
The Loft at the Red Building
Oaths of office
In other business:
• Pam Ackley, Tom
Dyer and Henry Balen-
sifer were sworn in as City
Commissioners.
Dyer and Balensifer, who
begin their second terms, ran
unopposed in November. Ack-
ley, who was appointed to fill a
vacancy last year, won her race
by six votes — the narrowest
victory in Clatsop County last
year — according to the results
of a recount.
The commission voted
Balensifer mayor pro tem for
2017.
• The City Commission
passed a special resolution,
introduced by the entire
body, in memory of Harold
“Hal” Snow, who served as
Warrenton’s city attorney
from 1971 until his death
last month.
Consult a
Bonamici reintroduces tsunami bill
The Daily Astorian
ment. But he said the commis-
sion should not forget that vot-
ers, by approving the measure
in November, made it clear
they want the right to vote on
trading or selling the city’s
most expensive assets.
“They want the right to be
able to say ‘yes’ or ‘no,’ and
that’s the message I got,” he
said.
ASTORIA
CHIROPRACT I C
Ba rry S ea rs , D.C .
503 -3 25-3 3 11
2935 M a rin e Drive,
As to ria , Orego n
Painkillers and anti-
inflammatories can get us
through a tough time with
back, neck, head or leg pain,
but they weren’t designed for long-
term use. Yearly deaths from pain
medication are climbing. Other side
effects can include constipation, liver
and kidney damage; addiction from
them is real and a growing problem.
Pain is a signal that something is
wrong. Pain medication does not fix
the problem — it changes the brain.
Reducing pain can be as simple as
identifying its source and providing a
different approach — chiropractic is
an important part of that. “Maybe
you don’t have to live with it.”
Call 503-325-3311.
seafood
Q: Can
be thawed and
refrozen?
Yes, provided that it’s thawed in the
refrigerator and is refrozen within
a reasonable amount of time. Due
to cellular break down there may be a varying
degree of quality loss, but it is still safe to eat.
If the product was thawed on the counter, or in
water, it is not safe to refreeze (unless you cook
it first) since it may have temporarily reached
a temperature above 40° F. This question is
often asked to us regarding tuna for canning
that has been frozen whole on the boat, and
then thawed for processing. In this case the
degree of quality loss is indistinguishable.
If you are purchasing fish that you plan to
refreeze, it is always wise to ask the fish
vendor if it has been previously frozen. If is
has been, ask if the same fish is available still
frozen. We have a variety of unseasonable fish
that has been frozen quickly after landing, and
is of a quality superior to much of the “fresh”
fish found in supermarkets.
A:
Amanda Cordero
Northwest Wild Products
Fresh Seafood Market
354 Industry St, Astoria
503-791-1907
Daily 9 am- 7 pm
On the docks of the West Mooring
Basin, by the Riverwalk Inn