JANUARY 13, 2017 • VOL. 41, ISSUE 1
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COMPLIMENTARY COPY
Former chief, fi re district reach agreement
lawsuit against the fi re district
on Wednesday, Jan. 4. Balzer
will receive a one-time lump
sum of $55,000. In return, he
agrees that he will not work
for the district or ask for fur-
ther compensation.
“It’s fair to say the parties
came to an agreement,” Judy
Snyder, the attorney repre-
senting Balzer, said Monday.
“I would say that Mr. Balzer
is pleased with the resolution.”
Lawsuit had
alleged civil
rights violations
By Lyra Fontaine
and R.J. Marx
Cannon Beach Gazette
The legal dispute between
former Fire Chief Mike Balzer
and the Cannon Beach Rural
Fire Protection District is over.
U.S. Magistrate Judge
Paul Papak in Portland dis-
missed Balzer’s civil rights
CANNON BEACH GAZETTE/FILE PHOTO
Mike Balzer served as fi re chief from 2012 to October 2015.
‘Personnel matter’
Balzer was fi red in Oc-
tober 2015 in what the fi re
district’s board described as a
“personnel matter.”
Records showed that Bal-
zer, who earned more than
$100,000 in annual salary
and compensation, was fault-
ed for “poor leadership” in a
performance evaluation.
Balzer challenged the
fi re district and individual
board members in a lawsuit
that claimed his federal due
process and free associa-
tion rights were violated. In
a court fi ling, Balzer argued
that the fi re district made
false statements “for the sole
purpose of embarrassing and
humiliating” him and fi red
him without a hearing.
Balzer, who served as fi re
chief from January 2012 un-
til he was fi red, claimed the
fi re district’s board retaliat-
ed against him because of
critical comments made by
his wife, Colleen, on social
media. According to the law-
suit, directors Sharon Clyde,
Linda Beck-Sweeney and
Garry Smith “chastised” Bal-
zer for “allowing his spouse
See Balzer, Page 6A
Council
considers
tree rule
changes
City proposes
thinning dead
and dying trees
By Lyra Fontaine
Cannon Beach Gazette
More requirements for
tree removal requests on city-
owned property could be
ahead.
After residents complained
in November about tree cutting
on city property near the city-
owned RV Resort, the Planning
Commission approved recom-
mending amendments to the
city’s tree removal ordinance at
a late December meeting.
The City Council plans a
public hearing on Feb. 7.
If the council follows the
Planning Commission’s rec-
ommendations, tree removal
requests on city-owned prop-
erty could be subject to addi-
tional requirements. The city
would need to notify property
owners within 100 feet of the
trees requested for removal and
give notice to any person who
has commented on the request.
The city would also be required
to notify its tree removal re-
quest on the city’s website and
at City Hall.
In November, the c ity re-
moved about 35 trees from
the RV Resort. Some trees that
were removed were dead or
dying, according to the permit
application. Residents who live
near the RV Resort expressed
concerns to the the Cannon
Beach Gazette about the re-
moval.
The trees were selectively
thinned as part of the second
phase of the RV Park utility up-
grade, Public Works Director
Dan Grassick said in Novem-
ber.
PAID
PERMIT NO. 97
ASTORIA, OR
PRSRT STD
US POSTAGE
See Trees, Page 8A
CH GAZETTE
R.J. MARX/CANNON BEA
Visitors take advantage of a sunny January day in Cannon Beach.
Room tax may include mandatory fees
Pets are taxed,
but minibars
are not
By Lyra Fontaine
Cannon Beach Gazette
Guests at Cannon Beach
hotels and vacation rentals
could soon pay room taxes on
charges for pets, late check-
out, extra guests, hot tubs and
cancellations.
After reaching a consen-
sus Tuesday, Jan. 3, the City
Council plans to amend the
municipal code in February
to clarify that the room tax
applies to non optional fees .
Optional charges, such as
pay-per-view movies, room
service or minibars, will re-
main untaxed.
L odging operators had
complained that the new
rules had been sprung on
them without public discus-
sion.
Cannon Beach Vaca-
tion Rentals owner Linda
Beck-Sweeney told the City
Council that lack of clarity
about the new requirements
affected her business.
“All this has placed an
unnecessary hardship on
‘All this has placed
an unnecessary
hardship on
the lodging
community.’
Linda Beck-Sweeney,
rental owner
the lodging community,”
Beck-Sweeney said . “Our
lodging community is very
generous to our communi-
ty in many ways and we all
work hard to bring quality
services to all of our guests
and deserve respect for that
effort. If the city no longer re-
spects the lodging communi-
ty, what about the larger com-
munity of Cannon Beach?”
Resident Marty Schwab
Harris said it was troubling
that a tax hike was being
“unilaterally imposed” in-
stead of going through a pub-
lic hearing.
“Where are all the jobs
in Cannon Beach going to
come from if we look for
every possible opportunity
to apply more fi nancial and
more power burdens on our
employers?” Schwab Harris
asked.
The amendment, which
uses the same language as
state lodging tax rules, would
take effect July 1, the start of
the next fi scal year.
Mandatory fees
The city interprets “gross
room rent” to include any
fee that is mandatory, not
refundable and paid in order
to occupy the room, which is
consistent with the state defi -
nition, City Attorney Tammy
Herdener said. The city is not
required by state law to col-
lect room taxes on such fees.
See Tax, Page 6A
County, city leaders look to the new year
Cannon Beach Gazette
County leaders looked to the new
year with an eye on their city’s biggest
challenge. We spoke to Cannon Beach
Mayor Sam Steidel, County Manager
Cameron Moore, Seaside Mayor Jay
Barber, and Gearhart’s Mayor Matt
Brown.
Mayor
Sam Steidel
County Manager Seaside Mayor Gearhart Mayor
Cameron Moore
Jay Barber
Matt Brown
Mayor Sam Steidel
Mayor Sam Steidel, Cannon Beach
said the biggest challenge the city will
face in 2017 is looking at how various
projects might affect one another.
“My concern is that as a council we
have a comprehensive view of all the
problems so they can interact as they
need to be. I have a feeling we do not
have a lot of big problems, but lots of
projects that intertwine a little.
The council will have a goal-set-
ting session early this year to reach a
consensus on city priorities, using the
city’s strategic plan as a guide.
Hopes to have a
goal-setting session
early in the year.
Says a new county
compensation
plan and the Linn
County timber
lawsuit are top of
the challenge list.
Steidel said his personal areas of
focus include seeing how the former
Cannon Beach Elementary property
could be used and expanding NeCus
Park.
Lists the new
school campus at
the top of his list
of 2017 priorities.
Hoping for openness
and cooperation in
the coming year.
Steidel’s longer-term goal is for
the council to work on developing the
city-owned South Wind property. The
58 acres located east of U.S. Highway
101, largely outside of the tsunami
zone, needs infrastructure in place
before it can be the site of the city’s
essential services, such as an emer-
gency shelter, school and police and
fi re stations.
Steidel said he hopes to get dis-
cussion about city priorities done
before the spring budgeting process,
when things tend to get “bogged
down.”
“I’m looking forward to some en-
ergy from the council, and new voic-
es always bring that.”
Clatsop County Manager
Cameron Moore
Some of the challenges of the
coming year are as yet unknown,
Clatsop County Manager Cameron
Moore said. “It’s quite possible the
biggest challenge we don’t know yet.
Things happen during the course of
the year.”
See Leaders, Page 6A