Attend October 9th City Council Meeting
Notice to the State of Oregon and People of Nehalem
October 8, 2023 Edition
Nehalem is a small town, it had only 133 households with just 269 people in the 2020 census.1 Most of the recent violations by the city of Nehalem have something to do with ordinance 2023-05. Every comment from the public at the hearing was against this ordinance and there were 92 people at the first public hearing, yet the record only shows 42. At the public hearing the public was told to go home and join on zoom as the city manager would not accommodate the public in the meeting room and the city hall entrance was packed solid. MANY members of the public who have tried to attend many city council and planning commission meetings via zoom have not been admitted to the meeting, are not given a chance to speak even when their “hand is up” and even when given a chance to speak, parts of what they have to say are omitted or them stating their name is omitted and as such the city of Nehalem chooses to not include their comments in the record. I am aware of dozens of individuals/instances where people were precluded from the meeting because of zoom. ZERO comments from the public were in favor of ordinance 2023-05 being created.
The Nehalem city council and planning commission have committed the following Violations:
#1
Procedural Violation
Violation of Nehalem City Code Chapter VIII Section 30 (1)(2)2 on September 11, 2023, by the Nehalem City Council when they illegally passed ordinance 2023-05. Per Chapter VIII Section 30 (1)(2), when Councilor John Coopersmith voted ‘no’ on the first reading, the second reading would have had to be done at the October meeting, thu.s the second reading and passage of Ordinance 2023-05 on September 11, 2023, is void.
Note: Contract city attorney Carrie Richter was present. She was aware of this. She raised her hand to speak but also covered her mouth with her other hand in shock. She said nothing.
Action needed by the Secretary of State: Please contact the city of Nehalem and notify them that they are in violation and must meet again in order to have the second reading on a different day per Nehalem City Code Chapter VIII Section 30 (1)(2).
Also, please notify contract city attorney Carrie Richter, she needs to do a better job of stopping the city of Nehalem when she knows they are in breach.
Referenced above:
1 https://worldpopulationreview.com/us-cities/nehalem-or-population
2 Nehalem City Code https://nehalem.municipal.codes/Charter/VIII
The actual law being violated:
Nehalem City Code Chapter VIII (Ordinances), Section 30: (Adoption by Council)
1) Except as provided in subsection 2) of this section an ordinance shall be fully and distinctly read in open council meeting on two different days before being adopted by the Council.
2) The Council may adopt an ordinance at a single meeting by the express unanimous votes of all Council members present.
[John Coopersmith voted no, but they did the second reading and adopted it on the same day, thus it is void.]
Title of law being created:
ORDINANCE NO. 2023-05: AN ORDINANCE REPEALING NEHALEM CITY CODE CHAPTERS 156 (SUBDIVISIONS) AND CHAPTER 157 (ZONING) AND REPLACING THEM WITH A NEW DEVELOPMENT ORDINANCE CODIFIED IN NEHALEM CITY CODE CHAPTER 157
———————————————————-
#2
Violation of Nehalem City Code Ordinance 157.388 (D) by both the Nehalem City Council on September 11, 2023, and the Nehalem Planning Commission on August 16th, 2023.
The planning commission and city council passed ordinance 2023-05, by a vote of two ‘yes’, one ‘no’ and one recused himself due to a potential conflict of interest, thus doubling the building density of the city and urban growth boundary when the water system is already BEYOND capacity. Doubling density would violate 157.388 (D), “Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties. (Ord. 80-2, passed 06/14/2010)” Per the city manager’s staff report, the planning commission and the city council were required to decide to recommend or stop the proposed 280 pages of new laws based on criteria in the Nehalem Zoning Ordinance Sections 157.387-157.388.
Passing ordinance 2023-05 would cause the city to need to discontinue service to all the current big water users. This is exactly what happened in August 2023 prior to the passage of the ordinance. The water system is currently beyond maximum capacity, this is shown by the city’s own acknowledgement:
- Letter from the mayor August 2023 notifying the public our city was on level 2 water restrictions and may need to move to level 3.
- Temporarily discontinuing water service to the pool (See NCRD website posted September 25, 2023, showing the pool has been closed since August 18th in order to cooperate with city of Nehalem water restrictions) per Nehalem City Code ordinance 51.05 (F) (2) ”The city may refuse to furnish water and may discontinue service to premises where excessive demand by one customer may result in inadequate service to others.”
“AQUATICS CENTER CLOSED BEGINNING FRIDAY, AUGUST 18, at 6:00 PM In cooperation with the City of Nehalem, we are required to stop using the amount of water necessary to keep the pool open. Therefore, until further notice, the Aquatics Center will be closed due to water shortages.”
Referenced above:
Mayor’s Letter: https://www.nehalem.gov/sites/default/files/fileattachments/city_council/page/3751/water_conservation_letter_8_17_23.pdf
Code Link: https://nehalem.municipal.codes/Code/157.388
Code Link: https://nehalem.municipal.codes/Code/51.05
and
“NCRD News Update Monday September 25, 2023…The city of Nehalem has informed us that our conservation efforts are helping. However, the small amount of rain we have received recently hasn’t been enough to bring water levels up to where they need to be to reopen the Pool.”
and;
- Comments from the city of Nehalem Public Works Director, Brian Moore, at the city council meeting on August 14th, 2023, stating that even with public conservation efforts the city water usage (170,000 gal/day) was about to surpass production (172,000 gal/day) and the city was considering going to level 3 of the city’s water curtailment plan.
Increasing density without the ability to supply water is negligence and is what will likely lead to a catastrophic event such as the West Maui fires in Lahaina.
Given the city of Nehalem water usage is beyond maximum production, currently Nehalem has an ongoing multiyear water moratorium on 59 properties3of the 241 lots within Nehalem’s UGB4, currently Nehalem has a drought and water use restrictions on all residents and according to our current mayor in a letter mailed to all water users we may need to go to level 3 with further water restrictions and even monetary penalties,(see documents below) both the planning commission and the Nehalem city council could not pass these new laws based on knowing of the existence of a real problem and passing it would contradict ordinance 157.388 (D) ”Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties. (Ord. 80-2, passed 06/14/2010)” This is negligent behavior. The townspeople have notified the board and yet they are ignoring the people.
Action needed by the Secretary of State: Please contact the city of Nehalem and notify them that they are in breach of Nehalem City Code 157.388 (D) and they will need to create adequate water supply prior to passage of ordinance 2023-05.
Referenced above:
3Water Moratorium :
Resolution 2021-13 page 7 https://www.nehalem.gov/sites/default/files/fileattachments/city_council/meeting/packets/3606/2021-11-08_council_meeting_agendas_packet.pdf
Resolution 2022-01 considering exemptions to the water moratorium area https://www.nehalem.gov/sites/default/files/fileattachments/city_council/meeting/packets/3623/2022-01-19_special_council_meeting_agenda_packet.pdf
1st water moratorium September 12, 2022
1st water moratorium the city of Nehalem lost at LUBA (case 2021-124 decided April 19, 2022), pages 14-26 September 26th, 2022 city council meeting https://nehalemvillage.com/wp-content/uploads/2022/09/2022-09-26_council_meeting_agenda_packet.pdf
2nd water moratorium imposed on all the small landowners and NOT on the big development: ordinance 2022-02 November 14, 2022
Most recent water moratorium extension, ordinance 2023-04 June 12, 2023
NCRD website:
The actual laws being violated:
Existing Ordinance 157.388 (D)
“Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties. (Ord. 80-2, passed 06/14/2010)”
Also referenced: Nehalem City Code
51.05 (F) (2) ”The city may refuse to furnish water and may discontinue service to premises where excessive demand by one customer may result in inadequate service to others.”
Further documentation of notification of this issue to the planning commission and the city council:
I read the following to the Planning Commission on August 16th, and one paragraph to the City Council on September 11, 2023, as they limited public comment to 3 minutes total and I had to briefly mention numerous topics.
THE VERY NEXT DAY, the August 17th letter from the mayor was mailed to all Nehalem residents, posted on the city of Nehalem website and published in the newspaper Julie Chick (the mayor’s wife) has been a member of5.
From the mayor’s letter, “If daily water consumption levels do not come down, the city will have no choice but to implement Level 3 of the city’s water curtailment plan as outlined in the city’s Water Management and Conservation Plan. This is the most critical level, and will prohibit all outdoor water use.”
At the same time the city of Nehalem gave notice to the NCRD which then shut down the pool on August 18th.
References:
5 Julie Chick is a member of the Tillamook County Pioneer on their amended annual report with the Oregon Secretary of State, Page 2 http://records.sos.state.or.us/ORSOSWebDrawer/Recordhtml/5375345
[Start of what I read.]
“At the August 14, 2023, city council meeting, Brian Moore (Nehalem public works director) stated “120 gal/min goes into the [water treatment] plant…. 170,000 gallons per day are being used currently.”
Simple math:
120 g/min * 60 min/hr * 24 hr / day = 172,800 gallons per day is the maximum amount of water possible for our system to make.
According to our public works director, we are using 170,000 gallons per day. WE ARE AT MAXIMUM CAPACITY!!! There is currently no way to increase water service to accommodate increased housing density.
By the way, only half of the water being used is by residential properties. Per the 2022 Nehalem Water Study whereby the city determined to raise water rates, the average home in Nehalem used 3,359 gallons of water per month. That is 110 gallons per day for a household. There are 742 households [served in Nehalem and the urban growth boundary]. That is a total of 81,600 gallons per day being used by the residents. That is only 48% of the water usage. There are about 10 huge water users that are using the other 52 %. The new water ordinance of 2022 states huge users can be cut off if they are impacting the other users:
51.05 (F) (2) ”The city may refuse to furnish water and may discontinue service to premises where excessive demand by one customer may result in inadequate service to others.”
WE ARE THE EXISTING OTHERS. At the August 14th city council meeting it was discussed that the city was ABOUT TO GO TO STAGE 3….ISSUING FINES FOR EXCESSIVE USE, WATERING YARDS AND GARDENS. The Manzanita intertie is a 4” pipe for emergencies, not regular use. If the city wishes to increase density the huge users will have to be disconnected every summer, like the pool was this August and September. We are at max capacity and can not increase density.
Existing Ordinance 157.388 (D)
“Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties. (Ord. 80-2, passed 06/14/2010)”
Per the city manager’s staff report, the city council must decide to recommend or stop the proposed 280 pages of new laws based on criteria in the Nehalem Zoning Ordinance Sections 157.387-157.388.
https://nehalem.municipal.codes/Code/157.387
https://nehalem.municipal.codes/Code/157.388
A gentleman at the July planning commission meeting had a good point that he wouldn’t have bought in Riverview Meadows if he had known there would ever be 4 plexes (and it is actually multiplexes that will be approved for all buildable lots for most of the UBG and city of Nehalem, this means apartments).”
[End]
———————————————————-
#3
Ordinances 2023-01, 2023-02 and 2023-03 were adopted as an ‘emergency’. Per ORS 401.25, no such emergency existed and as such all three are void. It was a miscarriage of corporate legal procedure.
At the February 2023 meeting I notified the city council what they were doing was not legal. At the March 2023 city council meeting I again notified them it was not legal and read to the city council all of ORS 401.25.
Action needed by the Secretary of State: Notify the city of Nehalem no such emergency existed, ordinances 2023-01, 2023-02 and 2023-03 are void. The city council will need to pass these ordinances in the appropriate manner.
The City of Nehalem has a Statutory References for Oregon cities link. On this page under Administration and Personnel is the link to ORS 401.25 where Emergency is defined. Here are the links for the Statutory References and ORS 401.025.
https://nehalem.municipal.codes/Code/SR
https://oregon.public.law/statutes/ors_401.025
The actual laws being violated:
ORS 401.25
(1)
“Emergency” means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:
(a)
Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS 466.605 (Definitions for ORS 466), contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, acts of terrorism and war; and
(b)
A rapid influx of individuals from outside this state, a rapid migration of individuals from one part of this state to another or a rapid displacement of individuals if the influx, migration or displacement results from the type of event or circumstance described in paragraph (a) of this subsection.
Title of laws being created:
Voted on 02-13-2023 was in regards to:
ORDINANCE NO. 2023-01: AN ORDINANCE AMENDING THE NEHALEM CITY CODE CHAPTER 157: ZONING, TO ELIMINATE SPECIFIC PROVISIONS FOR SHORT-TERM RENTALS; AND DECLARING AN EMERGENCY
ORDINANCE NO. 2023-02: AN ORDINANCE REGULATING SHORT-TERM RENTALS WITHIN THE CITY OF NEHALEM; AND DECLARING AN EMERGENCY
ORDINANCE NO. 2023-03: AN ORDINANCE PRESCRIBING CIVIL INFRACTIONS; PROVIDING PENALTIES AND ENFORCEMENT; AND DECLARING AN EMERGENCY
All three ordinances are available here: https://www.nehalem.gov/cityhall/page/city-nehalem-code-ordinances
———————————————————-
#4A
Against the will of the citizens and planning commission, the contracted city attorney and city manager forced “absolutely unappealable” to stay in ordinance 2023-05 using control tactics.
#4B
Intimidation Tactics
#4A
Many citizens spoke out against “absolutely unappealable” at the public hearing in July and August. On March 16, 2023, I read the following to the planning commission. The planning commission agreed I was right. The hired city planner also agreed and took it out of the code…the next month the planning commission was canceled. The following month the city manager stated the contracted city attorney said to put it back in. At the meeting I requested the city manager present this information from the contracted city attorney to the planning commission and no evidence of this was given.
The new ordinance 157.501.02 (A) & 157.501.046 is in regards to signs, fences, home occupations, temporary uses, and property line adjustments. In the new ordinance these are to be decided by the city manager only and will be absolutely unappealable. The city manager is taking power away from the planning commission and the city council and becoming the final decision maker. If this law is passed these land uses will be unappealable. My request to the Nehalem planning commission was to change these uses to “Type II” land uses, appealable.
Referenced above: 6 Nehalem Development Ordinance July 2023 https://www.nehalem.gov/sites/default/files/fileattachments/planning_commission/meeting/3739/nehalem_development_ordinance_july_2023.pdf
[Beginning of what was read on March 16, 2023]
157.521.01 (E) takes power away from the City Council and the Planning Commission, puts the power in the hands of the City Manager and does not incorporate current Nehalem City Code standards regarding Signs, Fences, Home Occupations, Temporary Uses, Property Line Adjustments and Interpretations. In the new code these will be listed as Type 1 land use actions.
In the current code fences are in Chapter 92. Currently ALL violations of Nehalem City Code Chapter 92 have the right to appeal. Nehalem City Code Chapter 92.17(C) (2) A person responsible…shall file …a written statement … [and] (3) The statement shall be referred to the City Council…
Regarding signs: Current Nehalem City Code Chapter 157.333 Appeals
An applicant may appeal a decision of the City Manager to the City Planning Commission at a regular meeting, or if the decision is rendered by the Planning Commission, to the City Council.
From the new code: “157.521.01 (E) Appeals. Type 1 land use decisions are not appealable.” (Reflected also in 157.501.02 and .04)
We have a town of less than 300 people in the city limits. It is important for people to feel they can be heard. Being able to appeal is standard good law. Please keep current Nehalem City Code standards and make Type 1 land use decisions appealable: Signs, Fences, Home Occupations, Temporary Uses, Property Line Adjustments and Interpretations.”
[End of what was read on March 16, 2023]
#4B – Intimidation Tactics
Although for a moment the planning commission listened to the public (myself) at the March meeting, at the next planning commission meeting I had a comment and I was told this was a time for the planning commission to discuss the issue and that the public could comment at the public hearing. In July, with 92 people present for the public hearing, Mary Jo Anderson rebuked the public, saying, “Why did you all show up for the public hearing, why didn’t you come to the meetings?” Interesting… And then at eight o’clock on that same evening the planning commission sent the public home because the planning commission had scheduled for ODOT to have a presentation, the planning commission postponed the public hearing in July to reconvene in August, where only 42 members of the public attended.
At the continuation of the hearing in August, everyone was told to only bring up items the contracted city attorney had to comment on at first, because contract attorney Carrie Richter had an appointment to get to. I only commented on one item, water, other people interjected and led the conversation away, and when Lauren Yokum had a valid question on how the new laws would be enforced, and this was one of the issues I had written about in advance that I had wanted to comment on, and the planning commision, who obviously had not read the law, and could not tell her how the law would be enforced…I raised my hand and spoke up on this matter, at the public hearing, where the public is supposed to be able to speak. Prior to the meeting, I actually read the entire ordinance several times. Mary Jo Anderson said we should not be discussing the law being considered at the hearing, but that we should discuss it on our own time.
As I continued to speak, Mary Jo Anderson said, “I’m bored… I’m going home,” and she started to get up to leave but sat back down.
As I spoke Lance Stockton, a planning commissioner who does not live in Nehalem or the urban growth boundary, shouted, “You’ve been shut down! Can you do something about this?!”
Julie Chick murmured, “Call the Manzanita police.”
Mary Jo Anderson spoke into Janet Lease’s ear, “Call the police…call the police.”
Trust me, when a big man is yelling at you, “You’ve been shut down!” and 2 other people are telling the chair of the planning commission to call the police, all 3 of these people are on the planning commision, at the PUBLIC hearing, where you’re supposed to have a voice, it is very intimidating. I felt quite threatened. Because of this, I did not mention the remainder of the points I wished to make or to notify them their minutes did not accurately represent the vast amount of people who did attend the July meeting, that they sent home, or the Oregon Secretary of State reminder to not violate ORS 244 or others…
Lance Stockton, Julie Chick and Mary Jo Anderson did not encourage dialogue but instead threatened the public at the public hearing! When the public does not get to speak at a public hearing, democracy is dead.
At the September planning commission hearing regarding allowing a residence to become a daycare, a Manzanita police officer stood in the doorway of the meeting room for the entire meeting. This is intimidation. This is abuse of power. This has never happened before in this small town which shows they are planning behind the scenes in private. This would have had to have been discussed in public and it was not.
At the July planning commission hearing no podium was present or required. Jan Brabham asked if she should stand or go to the center of the room. The response from the planning commission was, “No, you are welcome to stay seated.”
At the September city council meeting there was a podium, it had never been there before. The ODOT hearing, ordinance 2023-06, was held at the same meeting but prior to ordinance 2023-05; I was caught off guard by it as Phil Chick required I stand in the middle of the room at the podium, I hesitated and he told me I would not be allowed to speak; contracted city planner Walt Wendolowski and contracted city attorney Carrie Richter looked surprised. At the September 26, 2023, planning commission meeting, just 15 days later, a policeman stood on guard in the doorway for the entire meeting, no podium was present or required and people were allowed to speak from their seats.
Also note that at the September city council hearing when I did go to the new required center of the room podium to comment on the second hearing, ordinance 2023-05, I was allowed only 3 minutes to comment on a 280 page document, the council only addressed one of the issues I raised and yet at the following planning commission hearing regarding turning a house into a daycare there were no time limits at all. This is a legal inconsistency.
Action needed by the Secretary of State: Please contact the city of Nehalem and notify them that they are not engaging with the public in a respectful manner. Intimidating the public into silence is not democracy. Notify the city of Nehalem to be consistent.
Also please notify contract city attorney Carrie Richter her duty is to listen to the citizenry. She is not to override the will of the public and the planning commission.
Also please notify the city manager they are not to override the will of the public and the planning commission.
Officer Mumey of the Manzanita police on September 26, 2023, at the Nehalem planning commission.
Further documentation:
This is all I read at the meeting where Lance Stockton yelled at me and Julie Chick and Mary Jo Anderson threatened to call the police:
[Start]
At the July Planning Commission Hearing regarding the 280 page ordinance being considered, a member of the public asked how these laws would be enforced. The city lawyer basically said, it doesn’t concern us now. But it is actually very important. The current city council, Phil Chick, Hilary Howell, Dave Cram and Doug Larzelier, passed ordinance 2023-03 in February that states:
[SKIPPED SEVERAL PARAGRAPHS] [From the new ordinance 2023-05 being passed]
157.101.06(B) Violations and Enforcement. Upon failure to comply with any provision of this Ordinance…[the City] may withhold or withdraw City utility services…[and you] shall be subject to civil penalties…
[End]
HOW IS READING THE ACTUAL LAW BEING PASSED ON THAT VERY EVENING, WHICH ANSWERS LAUREN YOKUM’S QUESTION, WORTHY OF CALLING THE POLICE? OF HAVING POLICE PRESENT AT THE NEXT MEETING?!?!?! The city of Nehalem also used a total intimidation tactic when they had the slogan, “Keep Nehalem Nehalem” when Micah White PhD, who identifies as a black man, ran for mayor in 2016.
This is what I intended to read:
ENFORCEMENT OF NEW LAWS
At the July Planning Commission Hearing regarding the 280 page ordinance being considered, a member of the public asked how these laws would be enforced. The city lawyer basically said, it doesn’t concern us now. But it is actually very important. The current city council, Phil Chick, Hilary Howell, Dave Cram and Doug Larzelier, passed ordinance 2023-03 in February that states:
If you violate ANY part of this new ordinance,
[see Ord 2023-03 Section 1 (C) “…any City ordinance” ]
in addition to up to a $2,000 per day per occurrence fine
(minimum is $500)
[see Ord 2023-03 Section 16 (A)
and Section 5 “…double the maximum penalty”]
with this new law being passed the city of Nehalem can additionally shut off your water.
157.101.06(B) Violations and Enforcement. Upon failure to comply with any provision of this Ordinance…[the City] may withhold or withdraw City utility services…[and you] shall be subject to civil penalties…
The new code enforcement officer, a policeman named Officer Max Halverson, has now been hired and was introduced to the Manzanita City Council on August 9th. Ordinance 2023-02, which was supposed to focus on short term rentals, defined violations of Nehalem City Code as civil infractions (Section 10). It also stated all of the new laws created, things like requiring hand sanitizer in a Go-Bag (Section 8 (C)(4)) are civil infractions. The minimum fine is $500. In February the Nehalem council was led to believe Ordinance 2023-03 was for short term rentals. That is not all. This new code enforcement officer has the authority to enforce ALL Nehalem laws per Ord 2023-03 Section 1 (A). The title of 2023-03 is Prescribing Civil Infractions; Providing Penalties and Enforcement. The cities of Manzanita and Nehalem are currently renegotiating a new police contract as was stated by Manzanita’s city manager in August at Manzanita’s city council meeting.
References:
Manzanita City Council Meeting August: https://www.youtube.com/watch?v=lNEeTqM8UOU
Nehalem Ord 2023-03: https://www.nehalem.gov/sites/default/files/fileattachments/city_hall/page/2151/ord-2023-03_nehalem_civil_infractions-signed_redacted.pdf
Nehalem Ord 2023-02:
[End of what I intended to read, but did not]
———————————————————-
#5
Violation of ORS 244.040 (failure to disclose conflict of interest, stand to enrich themselves by their actions on the city council/planning commission) by members of the Nehalem City Council (Hilary Howell) and Planning Commission (Julie Chick and Lance Stockton).
I intended to remind both the city council and the planning commission of the notice from the Oregon Secretary of State that was in the August City Council Meeting Agenda packet regarding ORS 244 and that if they had a conflict of interest they should recuse themselves. I did mention this at the September city council meeting. Dave Cram recused himself. Phil chick, as the mayor, did not vote. Hilary Howell voted ‘yes’. All 3 stated they had no conflicts of interest, but Phil (mayor) and Julie Chick (planning commissioner) do have a conflict of interest.
I was not allowed to speak (see #4B) about most of the important points I had prepared to address at the planning commission’s August public hearing regarding ordinance 2023-05, and as such was unable to remind them about ORS 244.
The actual laws being violated:
ORS 244.040
… public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.
ORS 244.350 (c) $10,000 for willfully violating ORS 244.040. https://oregon.public.law/statutes/ors_244.040
Hilary Howell is the owner of Howell’s Floor Covering and as such with the passage of ordinance 2023-05, which will double the housing density (referenced #2 above), she stands to benefit greatly.
Julie Chick is the founder of Sammy’s Place which purchased a 2.93 acre parcel for $14,452, 13500 Thompson Rd, Nehalem OR, when it was at the county foreclosure sale in 2018 for ~$165,000 and at least two local residents were refused to purchase the property from Tillamook county, one being the direct neighbor who brought a cashiers check for ~$132,000 to the public hearing and another who lived a few blocks away and offered ~$160,000. Again, the passage of ordinance 2023-05 will double the density and greatly improve the value of this property. Note also, not only is Julie Chick on the Nehalem planning commission, but her husband, Phil Chick is the mayor of Nehalem. At the hearing regarding transferring this property to the Chicks/Sammy’s Place, Lynda Chick (Phil Chick’s sister) arrived late, she signed in on the roster as everyone was leaving even though she did not attend the meeting. Peter Walczak (a senior citizen, environmentalist, lifelong supporter of all kinds of local opportunities for children and community organizations and also owner of a neighboring property to the one that was at auction/transferred to Sammy’s Place) did attend the meeting. After the meeting Lynda Chick proceeded to call the Tillamook County Sheriff regarding Peter Walczak grabbing the pen at the sign-in sheet. The sheriff then interviewed all of Peter Walczak’s neighbors. The Chick family made numerous false claims regarding the Walczaks to the city of Nehalem which Doctor Karin Walczak, Peter Walczak’s wife who is a lifelong doctor and environmentalist, then refuted on December 9th, 2019. The minutes state, “Karin Walczak read a letter on behalf of the Walczak family regarding allegations made against Sammy’s Place neighbors”(See Doctor Karin Walczak’s letter below). The Walczak’s standing in the community was destroyed, they sold their property and moved away after over 40 years serving the Nehalem community.
Public Comment regarding Sammy’s Place proposal:
Deed consideration:
County deed: https://www.co.tillamook.or.us/sites/default/files/fileattachments/ordinance/24203/18-082.pdf
Karin Walczak City Council Minutes https://www.nehalem.gov/sites/default/files/fileattachments/city_council/meeting/2681/2019-12-09-council-minutes-final-wattach_redacted.pdf
Karin Walczak’s letter, Page 9 https://www.nehalem.gov/sites/default/files/fileattachments/city_council/meeting/packets/2686/2020-01-13-council-meeting-agenda-packet.pdf
Lance Stockton does not live in Nehalem or in the urban growth boundary but he is on the planning commission and also has a conflict of interest. Essentially he is the owner of Stockton’s Nehalem Lumber. On paper he is not listed as an owner, his father Dale Stockton is, but Dale passed away in June of 2022. Doubling the density will significantly increase his business. He was reappointed to the planning commission December 9, 2019, the same evening Dr. Karin Walczak read her letter, after ordinance 2019-01 was created allowing people who own businesses to be on the planning commission.
Action needed by the Secretary of State: Please investigate the above and remind the members of the planning commission and city council that they need to declare conflicts of interest and when conflicts of interest exist they must recuse themselves when voting, punishable by ORS 244.350 (C), a $10,000 fine.
Planning Commission
Janet Lease
Lance Stockton – works at Nehalem Lumber, still owned by his father Dale Stockton who died over a year ago.
Mary Jo Anderson – recently purchased lot 11 of 3N1027CA07100 for $70,000 from John Coopersmith on the city council. She did recuse herself when this lot had issue and was at the planning commission earlier this year.
Justin Bailie
Julie Chick(wife of the mayor)
City Council
Phil Chick, mayor, (his wife is on the planning commission)
Doug Larzelier
Dave Cram
Hilary Howell (lives two houses away from Phil and Julie Chick)
John Coopersmith (neighbor to Mary Jo Anderson and only a few houses away from Hilary Howell and Phil and Julie Chick, he recently sold his vacant lot to Mary Jo Anderson)
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#6
Farm Uses
157.445.04 Farm Uses The growing of crops, orchard products, vegetables, or similar food items for personal use shall be permitted.
The wording ‘livestock and poultry’ needs to be added explicitly otherwise it is inferred that living creatures are not allowed. Also it should be added that “it is an allowed use in all zones”; in the new ordinance ‘Farm Uses’ is accidentally listed as a permitted use only in A1 and LM, if left like this it would infer it is not allowed elsewhere.
Different wording should be used instead of ‘Farm Uses’ as in this instance it is explicitly stated “for personal use”. According to the hired city planner and contracted attorney at the July planning commission meeting, in the A1 and LM zones (157.203.02 (D) and 157.208 (D)(1) and (E)) ‘Farm Use’ is for full scale farming. Using the same wording for two different meanings is bad law and needs to be changed.
Many members of the public spoke on this issue requesting ‘livestock and poultry’ and “it is an allowed use in all zones” be added to 157.445.04.
Also at the July meeting the contract city attorney Carrie Richter stated with 157.445.04 it is understood that livestock and poultry are an outright use so it does not need to be added.
Further documentation:
In May of 2020 my neighbor, Janine Seadler, notified me that Hilary Howell, city council member, was visiting her and asked her what it was like having me as her neighbor. Hilary Howell asked Ms Seadler if the livestock and poultry were a problem. She told Hilary Howell she enjoyed them and in fact her son was having fun live streaming them to friends in Europe. Janine told me I had better pay attention because something was up with the city. She was right.
From the June 8, 2020, city council minutes, “City Manager Shafer reported that the city has received complaints regarding a property owner inside city limits… After discussion, the Council agreed to have the City Manager pursue drafting an ordinance to regulate livestock. ”
Interestingly, per email verification from the city of Nehalem, there were no complaints against my property from 2019 to 2023:
City council member Hilary Howell visiting my neighbor and my neighbor alerting me to an upcoming ordinance to prohibit livestock in our rural city prompted the 2020 Nehalem Petition with 84 signatures of the residents of the city of Nehalem to protect land rights in regards to the ownership of livestock and poultry within the city limits.
Pages 18-29 of the September 14, 2020 agenda packet follow:
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
From the September 14, 2020, city council meeting minutes:
“There was Council comment that getting a draft ordinance is a means of getting facts and reviewing the issue, and Council was not set one way or another on the issue. It was noted that ordinances are a very public process and we had received public input that people like these animals. The Council agreed to not pursue a livestock ordinance at this time.”
All of our neighbors signed the 2020 petition. The recent records request of the city shows there have never been any complaints.
Action needed by the Secretary of State: Notify contract city attorney Carrie Richter that she needs to work with the public and encourage discussion with the planning commission and city council to address the public’s concerns, not ignore the public concerns. She needs to let the planning commission actually discuss the issue. Please notify contract attorney Carrie Richter this issue was addressed by the city council in 2020, add to ordinance 2023-05 157.445.04 “livestock and poultry” and “allowed in all zones” to protect the rights of the public. Carrie Richter is not doing her duty and obligation.
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#7
Should the planning commission and city council READ the laws before they pass them?
In the new code 157.404.03 (C) driveways are required to be separated from each other by a minimum of 100’, but this is impractical as most lots in the city of Nehalem are 50’ wide…this is one of dozens of examples of why I believe the members of the Nehalem planning commission and Nehalem city council have NOT read the new ordinance and thus had no authority to pass ordinance 2023-05. There are many situations where it is evident the planning commissioners and city councilors did not read the ordinance:
When asked to present some potential changes at the December 16, 2021, planning commission meeting the commissioner I spoke to told me directly that they had not read the ordinance at all, this was the evening they were scheduled to vote on it and this person also told me “I didn’t know there was a meeting tonight.” I then contacted Chair Janet Lease directly and the vote was postponed. Over a number of meetings the ordinance was brushed over by the contracted city planner, but the simple questions asked indicated no one had read the ordinance.
Below is an error that was not found by the planning commission until months later.
Page 46:
Planning Commission. The Planning Commission of the City of Millersburg, Oregon, as may be appointed by the City Council as established in the Millersburg Municipal Code.
The contract city planner, Walt Wendolowski, stated he took the chapters 156 and 157 from Nehalem City Code and only modified them as needed. This is absolutely untrue. (See “City of Millersburg” above.) For example ordinances regarding fences went from two sentences to three pages. It is important to note the previous contract city planner stated that Nehalem is not actually required to update the code because our city has a population of less than 10,000 people.
Current code of 2 sentences: https://nehalem.municipal.codes/Code/92.10
New code of 3 pages: https://www.nehalem.gov/sites/default/files/fileattachments/planning_commission/meeting/3739/nehalem_development_ordinance_july_2023.pdf (pages 219 to 221)
Action needed by the Secretary of State: Require the elimination of the Nehalem city code Section 30 (3)(a) and (b) where new laws can be passed by title only as the city council and planning commission need to read these ordinances at least once before passing them. https://nehalem.municipal.codes/Charter/30
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Yes we must TEACH NEAHALEM COUNCIL to Read. THus we will be teaching the council to READ this SPRING.