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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Nov. 12, 2018)
3A THE DAILY ASTORIAN • MONDAY, NOVEMBER 12, 2018 Lawsuit against Gearhart rejects zoning change on mental health ag land for new housing project agency resolved Path still open Suit had alleged retaliation By DERRICK DePLEDGE The Daily Astorian A lawsuit by a former Clat- sop Behavioral Healthcare program manager who alleged whistleblower retaliation and violations of state medical leave law has been settled. Cheryl Varese, a program manager in the mental health agency’s developmental dis- abilities unit, was fired in 2015. She alleged she was targeted for complaining about uneth- ical and illegal management practices and a hostile work environment and for seeking medical leave. She had sought $600,000 in damages. “The whole resolution is completely confidential,” said Amy Baker, the executive director of Clatsop Behavioral Healthcare. Christina Stephenson, a Portland attorney who repre- sented Varese, did not respond to requests for comment. Varese was friends with two other former Clatsop Behavioral Healthcare work- ers who had sued the mental health agency in federal court, alleging top administrators had engaged in discrimination and retaliation. Those lawsuits were settled earlier this year. Varese had also filed suit in federal court, but a judge dismissed her case in March, ruling that Varese “was on the road to termination well before she invoked her right to protected medical leave and irrespective of her decision to do so.” The federal judge did not consider Varese’s claims under state medical leave and whis- tleblower protection laws, so she filed a new lawsuit in Clat- sop County Circuit Court. A trial was scheduled for January before the case was dismissed earlier this month. Varese also dropped her appeal of the federal judge’s ruling. The lawsuits grew out of a dysfunctional management culture at Clatsop Behav- ioral Healthcare, the coun- ty’s mental health contrac- tor. Top administrators left in 2016 and the agency, with Baker as director, has worked to rebuild its reputation in the community. to development By R.J. MARX The Daily Astorian GEARHART — City councilors were unconvinced by property owners Palm- berg Paving Co. that a zon- ing change was needed to promote higher density hous- ing on a 27-acre property in Gearhart. The owners had hoped to rezone 498 McCormick Gar- dens Road in advance of a sale. After receiving flood maps, soil analysis and hous- ing data, among other docu- ments, the Planning Commis- sion held two meetings this fall and received input before recommending denial, said City Planner Carole Connell. Low elevation, drain- age issues, questions about soils and the property’s for- mer industrial use led to con- cerns from commissioners. The change, from rural agri- cultural to medium-density residential, could have deliv- ered 10 parcels on 7.5 build- able acres, about 20 percent of the site. At Wednesday’s City Council public hearing, the R.J. Marx/The Daily Astorian Pacific Way near Railroad Avenue in Gearhart, near the southern border of the Palmberg property. Neighbors said they feared the impact of a high-density development on local roadways. owners asked the council to reconsider the Planning Com- mission’s recommendation. Heidi Palmberg Snidow and consultant Li Alligood, of Otak, sought to alleviate con- tamination, traffic and quality of life concerns. Snidow stressed the fam- ily’s decades of supporting the community. “We really do want to see the best for Gear- hart in years to come,” she said. Snidow said the family seeks to sell the property to a developer “who can create Oregon sues Trump administration over withheld federal dollars Fight over immigration By CONRAD WILSON Oregon Public Broadcasting Oregon sued the Trump administration Friday over a requirement the state work with immigration authorities if it wants to receive more than $4 million in federal grants. The U.S. Department of Justice distributes Byrne JAG grants, which are used by jurisdictions across the coun- try to help law enforcement fund new initiatives and fight crime. Last November, the Department of Justice released a list of jurisdictions it says weren’t complying with a federal law that pro- motes information sharing between local law enforce- ment and the federal govern- ment when it comes to immi- gration enforcement. The list included both Multnomah County and the state of Oregon. Portland Mayor Ted Wheeler said he plans to ask the City Council to sign onto the lawsuit as well. The lawsuit comes days after Oregon voters over- whelmingly rejected a bal- lot measure that would have scrapped the state’s 31 year- old sanctuary law. “Oregon voters sent a clear message to the Trump admin- istration this week: Orego- nians support our sanctu- ary laws,” Gov. Kate Brown, one of the plaintiffs, said in a statement. “The Trump administration’s attempts to withhold public safety dollars from our state is unjust, dan- gerous, and unconstitutional … . We will not stand for this administration’s attempts to strong-arm our state by with- holding critical public safety dollars.” Oregon is a sanctuary state and prohibits local and state resources from enforcing fed- eral immigration law if a per- son’s only crime is being in the country unlawfully. “Defendants have implied in correspondence with Ore- gon officials that these stat- utes violate federal law by preventing cooperation between law enforcement and immigration authori- ties,” Oregon’s lawsuit states. “But in the statutes requiring defendants to distribute Byrne JAG funds to states and local- ities, Congress did not impose any condition requiring states to have laws that aid defen- dants’ implementation of fed- eral immigration policy.” a residential community con- sistent with the growth that is and has been happening.” The hearing was for a zone change only, she added, and any development would be subject to city review. But neighbors and city councilors echoed the Plan- ning Commission’s earlier concerns. Roads are too narrow for the additional traffic, said McCormick Gardens Road resident Gloria Edler. “It’s nice for a rural area — but gosh, to add 50, 100 cars, I can’t even imagine such a thing.” McCormick Gardens Road homeowner Mary Chandler said “the traffic on that road is enough as it is. It could just be a nightmare.” City Councilor Pau- lina Cockrum said she was “uncomfortable moving for- ward at this time with this plan. We’ve being asked to approve something with many issues that are still unknown. That makes me uncomfortable.” A motion to deny rezon- ing was unanimously carried by Cockrum, Reita Fackerell, Kerry Smith and Mayor Matt Brown. Councilor Dan Jesse, as a neighbor to the property, did not vote. City officials, however, left a path forward for future development on the property. The rural agricultural zone does allow a “cluster devel- opment” option, Connell said, with each buildable acre offering a 10,000-square-foot lot. “If they didn’t change the zone, they could have 20 single-family lots on the property in a cluster man- ner through the Planning Commission without a zone change,” Connell said. “They could do that now.” The family of Dorothy Boyle would like to express their thanks to the staff and residents of CRV and residents of the Columbia House for their presence in her life. We are grateful for the great care from Dr. Law and his staff and appreciate the many flowers, memorials, and expressions of sympathy from friends and family. She lived a long and fruitful life and is now at home with her Lord. 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