Please attend the City Council Meeting September 11th at 6:00 p.m. at Nehalem City Hall
Public Hearing for the New 280 page Development Ordnance
Or attend online: https://us02web.zoom.us/j/82362851817
(Link from nehalem.gov/meetings September 11th “agenda packet” zoom link.)
Or join by phone: call (253) 215-8782 and enter Meeting ID: 823 6285 1817.
The new 280 pages of laws for Nehalem and the Urban Growth Boundary will be passed into law as of September 11, 2023, unless you speak up. My concerns are attached. There may be other laws being passed that concern you which I have not brought attention to here. Read them yourself. (Links on reference page below.)
Email: MrsOConnorOregon@gmail.com to be on the mailing list or visit NehalemVillage.com for more information, other news articles and hot links to supporting information.
Notes from the Editor: Absolutely shocking planning commission behavior…
At the August 16th planning commission meeting I had 5 concerning items in the new code to discuss, but planning commissioner Janet Lease told the public to only bring up items at the beginning that the city attorney needed to comment on as the city attorney had another appointment to get to. Several other items were raised by the public, then I read article two below regarding water. It highlights our town does not have the capacity to double the density, our infrastructure can’t support it and current Nehalem city code 157.388 (D) states we can’t do it. The lawyer said that is something the planning commission should consider, Lance Stockton and Julie Chick stated that it does not matter, pass the new code anyway…..and the conversation drifted off and I waited quite a while for the conversation to come back to where I could make the rest of my points. Later, Mrs. Yokum had a very concerning question, how is the new code to be enforced? She had contacted the city by phone many times the previous month and gone into city hall in person regarding a local issue. Only one of her calls was returned and the temporary city employee stated they did not know what to do. Mrs. Yokum stated that over the past month no action had been taken. The planning commission did not have any answer for her on how the code would be enforced. I had the answer written out as one of the issues I planned to address. I read the first paragraph of article 3, and MJ Anderson rolled her eyes, stared at the ceiling, started to get up to leave, said, “I’m bored,” and said Mrs. Yokum and I should have a private conversation about this later in our own time. All that during just the first small paragraph. Lance Stockton yelled at me, “You’ve been shut down…” I read the new code that is being created, 157.101.06(B) …one small sentence. Lance Stockton yelled to the planning commission, “Can’t you do something about this?” Julie Chick said, “Call the Manzanita police.” MJ Anderson whispered, “Call the police. Call the police.” I was stunned. This was a public hearing for PUBLIC input in the smallest town in America. They didn’t know the answer, I did. I had it written out, but they were going to call the police?!? They shocked me. Absolutely I felt threatened as I leaned against the back wall. If the people in positions of power are not going to listen, have conversations or think… Democracy is dead.
At the July planning commission meeting there were 92 people present in person and online. (The minutes state about 20 people attended.) More than a dozen people from the public raised concerns. More people wanted to speak, but the planning commission wanted to shift their attention from the public comments to pass the ODOT transportation plan and the public was told to come back next month. It is noteworthy that the public’s concerns have not been presented to the city council.
I have 7 IMPORTANT ISSUES to discuss:
an additional two I am tabling;
and two are at least somewhat fixed.
#1
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 lawyer 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 confusing and needs to be changed.
#2
Nehalem still has a water moratorium and drought…how can the city council think about increasing density exponentially?
At the August 14, 2023, the 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. 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.
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).
At the August 16th planning commission I read this article exactly. Phil Chick said at that meeting that he “believes the science” and yet THE VERY NEXT DAY, the August 17th letter from the mayor states:
“ 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.
Given we are at maximum capacity, we currently have a water moratorium, we currently have a drought, we currently have 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 stage 3 with further water restrictions and even monetary penalties… City council, you can NOT pass these new laws at this time based on knowing you have a real problem and passing it would contradict ordinance 157.388 (D) I repeat: ”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)
#3 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:
#4
Signs, fences, home occupations, temporary uses, and property line adjustments 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. (157.501.02 & .04) If this law is passed these land uses will be unappealable. Change these uses to “Type II” land uses, appealable.
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 lawyer said to put it back in. At the meeting I requested this information from the lawyer and no evidence of this was given.
[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]
#5
In the new code 157.404.03 driveways are required to be separated from each other by 100’, but this is impractical as most lots in the city of Nehalem are 50’ wide.
#6
In the August 14th Nehalem city council agenda packet, pages 17 and 18, the Oregon secretary of state gave notice to the city council to be aware of ORS 244.
Per ORS 244.040 and 244.035, it would be wise for Dave Cram and Hilary Howell to recuse themselves from voting on this ordinance as their businesses stand to benefit from passing this ordinance. I would also recommend Phil Chick recuse himself if he needs to be the tiebreaker. It is important that each person on the city council is aware that public officials who have businesses and public officials who have family members with businesses that may benefit from the decisions they make on the council can face a $10,000 fine.
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.
#7
Regarding the new ordinance 2023-06, the Transportation System Plan being approved on September 11, 2023:
Remove item N21, page 43 of the Nehalem Bay Transportation System Plan Volume 3, “N21: U.S. 101 Cameras: Install traffic cameras on U.S. 101 to allow agencies and travelers to check for flooding at the intersection.”
DO NOT LIVESTREAM NEHALEM
Respect the privacy of the people who live in Nehalem and the UGB.
Stop the approval and installation of government surveillance cameras in the city of Nehalem
Per the city manager’s staff report, the city council must decide to recommend, amend or stop the TSP based on criteria in the Nehalem Zoning Ordinance Sections 157.387-157.388.
157.388 (D) Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties.
Live streaming the people who live here is wrong. Remove N21.
These 280 pages of new laws will be in front of the City Council today, September 11, 2023.
You can see why I am concerned. My goal is to protect all of our rights and freedoms. This is why I: collected 84 signatures for the petition in 2020 to preserve land rights, animal rights and human rights;
inspired four Nehalem citizens to run for the city council, went door to door asking you to vote for them and got Doug and Sandi elected in 2022;
ran for mayor of Nehalem in 2022;
applied to be on the council in 2023; and
applied to be the Nehalem city manager in June 2023.
I strongly encourage your participation tonight at the city council meeting so that your voice is heard. Please read the Development Ordinance as there will be other issues that are a concern to you.
Thank you,
Mrs. O’Connor, Editor
503.440.2040
P.S. You are welcome to come talk with me any time regarding local matters, regenerative agriculture, carbon sequestering, encouraging native species, and to come pet my favorite calf or admire the goats, hens and pigs while we talk.
Links
New Development Ordinance
2022 Water Rate Study, page 14.
2019 Comprehensive Plan
In order to pass the transportation system plan in July 2023 they amended goal 12:
Buildable Lands Inventory
Housing Needs Analysis
Vision Statement and Aspirations
August water conservation letter
STILL IN THE NEW LAW BEING CONSIDERED
1. All the rules that apply to the city also apply to every property within the urban growth boundary…even though those people do not get to vote on city items.
(157.101.05 paragraph 2) If you live in the urban growth boundary you should be aware of these new laws.
2. Signs greater than 6 square feet will require a permit. (157.409.06 (C))
Political signs placed after August 14th be required to be removed with 14 days after the election. (157.409.06 (I))
Issues where the Planning Commission Made a Change
1. If the city of Nehalem does not say you can do something, it is illegal.
157.202.02(C) Prohibited Uses. A use not specifically identified as permitted, special permitted or conditionally permitted within a zone, or, otherwise allowed through interpretation, shall be considered a prohibited use.
This is the opposite of American values. In America we are free to do things until a law is written to identify it as illegal. The above is just the opposite and must be eliminated before the new code becomes law.
NEW WORDING
157.202.02 (C) Prohibited Uses. A use not specifically identified as permitted, special permitted or conditionally permitted within a zone, or otherwise allowed through interpretation, shall be considered a prohibited use. This prohibition does not apply to uses and activities clearly incidental, accessory, customary, and common to the primary use of the property.
2. The following has been deleted from the new law:
Fences (157.444) between your house and the street can not be higher than 3 feet high (157.444.03 (B) ) and if you do not have a sidewalk you cannot have your fence within 3 feet of your property line (157.444.03 (B) (4)).
Old News Articles
1. Art will be illegal? Yes, creating murals on private property will be illegal….
Remember the first point in this newspaper? The new law states if the city does not say you can do something, it is illegal. The new code allows murals on commercial and industrial properties only. The under allowed uses the new code states:
157.409.06(H) Murals for commercial and industrial uses.
Thus, murals on private property will no longer be allowed. See today’s front page photo. This mural has been on my house for years; in front is my favorite heifer calf. Currently I am painting a mural of hydrangeas and rosebushes on the east side of my house. If you love art please make your voice heard.
2. In February fines were greatly increased. What used to be $50 to $200 per day has been increased to $500, $750 and $1,000 per day per offense, a code enforcement officer was approved to and if you do not comply you will get double the maximum fine plus court costs, etc. These laws were not passed into law in the correct manner, but were forced through on the very day they were introduced.
3. If you are a landowner, you received a postcard saying many zones were being compiled into one. Where is the Zoning Map? We have been waiting for it for nearly two years. As of the June meeting it did not yet exist. (Map available as of September.)
4. Regarding this issue, I do have a new comment above…(below is the original issue).
[JULY]No livestock or poultry will be allowed in the city of Nehalem except for those of us who are grandfathered in. In 2020 eighty-four citizens in Nehalem signed the petition to preserve land rights, animal rights and human rights which was submitted and reviewed by the city council in September 2020 where the city of Nehalem backpedaled and stated they were not making any laws against animals.
Petition (pages 18-29): https://www.nehalem.gov/sites/default/files/fileattachments/city_council/meeting/packets/3221/2020-09-14-council-meeting-agenda-packet-opt.pdf
Minutes regarding that meeting, page 3:
But this is the new law:
157.445.04 Farm Uses The growing of crops, orchard products, vegetables, or similar food items for personal use shall be permitted.
Notice that no animals are listed. The new law explicitly states plants are the farm use, animals are purposefully omitted(157.445.04), combining this law with the new law that “if the city does not say you can do it, you can’t (57.202.02(C))”, the city is making raising livestock and poultry illegal. I am fortunate, I have had a variety of livestock and poultry on my Nehalem property since 1995: horses, cattle, goats, sheep, pigs, turkeys, ducks and hens while focusing on carbon sequestering, regenerative agriculture, and encouraging native species. My rights to have livestock and poultry are grandfathered in. If you value the right to raise livestock and poultry, please come to the planning commission and make your voice heard. Otherwise, if this law passes and you do not have livestock or hens, then from August 14th you will not be allowed to have them.
5. [AUGUST] Currently there are no laws prohibiting livestock or poultry anywhere in Nehalem or the UBG. Although at the July meeting the city lawyer stated ‘farm use’ infers livestock and poultry, she did not point out that in the new code ‘farm use’ will only be allowed in the A1 zone (where they currently raise cattle across from Underhill Lane). REMEMBER #1 in the July Newspaper:
1. If the city of Nehalem does not say you can do something, it is illegal.
157.202.02(C) Prohibited Uses. A use not specifically identified as permitted, special permitted or conditionally permitted within a zone, or, otherwise allowed through interpretation, shall be considered a prohibited use.
Hence, unless grandfathered in you will not be able to have livestock or poultry. To be clear, ‘farm use’ does not apply to all zones, ONLY A1.
6. A resident of Riverview Meadows mentioned he has a lot in Riverview Meadows phase 1 and he stated he will be able to build once the pressure valve is installed. Not true, the water moratorium is still in effect on Riverview Meadows phase 1. Those lots are currently unbuildable. https://www.nehalem.gov/sites/default/files/fileattachments/city_hall/page/2151/ord_2022-02_declaring_water_connection_moratorium-signed-w_attach.pdf