The second work session held this month was on “Vested Rights” in regards to local cases stemming from Ballot Measure 49. This measure was passed in the November elections and went into effect December 6th 2008. Legislature authorized it to go on the ballot June 16th , 2008. These dates are important, according the presentation given by County Counsel Andrew Jordan, because part of what commissioners will have to decide is how much work was done on developing land in “good faith” and how much was done after finding out the law regarding the land could change. Measure 49 was passed in response to Measure 37, which granted landowners the opportunity to develop property they owned prior to current zoning regulations. According to Jordan Measure 49 restricts Measure 37 rights giving landowners three avenues for proving they had “vested rights” so they could develop their land. At the present time three appeals from landowners seeking approval on their vested rights claims are due to appear before the board. Evidence of vested rights is the burden of the landowner. They must show they have made a substantial effort to begin development of their land under their Measure 37 claim. Jordan said that courts have said that a seven percent investment of the value of the development shows a substantial effort according to case law, however it is not necessarily the minimum amount that must be invested. There also must be “good faith” effort, the landowner/developer must have performed all work on the Measure 37 claim lawfully following legal procedures to begin development of their land under their Measure 37 claims. These cases are a quasi judicial proceeding which the commissioners will have to decide, on a case-by-case basis, whether the applicants meet the various criteria. The board will be required to make a record, produce findings of fact, of the proceedings in case there are appeals on their rulings.
Palmberg Easement Opposed by Scheller
The request for an easement over two pieces of county property in Warrenton from Jason Palmberg was tabled at the request of county staff. Palmberg asked for an easement to install a road and utilities across the Skipanon River. A dam is on the property where Palmberg proposes the road. Jim Scheller with The Skipanon Water Control District spoke against the easement. Scheller said the dam structure was not designed to hold traffic or utilities and that Skipanon Water Control District has written numerous requests to the City of Warrenton regarding a road on the dam. According to Scheller the Water District maintains the right to oversee the dam. County staff will collect more information on the situation before making a recommendation to the board.
Commissioner Expresses last minute budget concern
The commissioners voted to adopt the 2008-09 Fiscal Year budget for Clatsop County, which totals $56,604,900. The vote included setting the tax rate for the upcoming year at $1.5338 per $1,000 assessed value. The board also adopted the 2008-09 budgets for the 4-H and Extension Special Service District ($446,300); Rural Law Enforcement District ($2,388,200); Road District #1 ($2,540,800); and Westport Sewer Service District ($152,800). The budget passed by a unanimous vote.
Before the vote on the budget Commissioner Patrick brought up a concern over a series of emails between County Manager Derickson and District Attorney Marquis regarding the wording in the budget that stated that the two most recent hires being paid out of the General Fund would be the first let go if the General Fund experienced a shortfall. Marquis said he was unaware that the wording had carried over to the new fiscal year. Mike Robison, with Central Services, clarified that the language had been part of the budget packets given to the department heads in January. The board decided to first vote on the budget then to discuss the language. After the budget vote Patrick made a motion for the language prioritizing the two positions for elimination to be removed. The motion failed by a vote of 4-1.
New Media Policy
The board voted unanimously to approve a new media policy setting criteria for allowing a media organization in a closed executive session of the board of county commissioners. Further, the media policy states what cannot be reported on.
COLAs for Employees
The board approved a cost-of-living salary adjustment for non-union employees for the upcoming fiscal year from the original 4 percent included in the 2008-09 to 4.2 percent. Human Resources Director Dean Perez said the difference between the two figures totals $6,000. Commissioner Patrick made a motion to apply the COLA to the District Attorney’s newly re-instated stipend. Commissioner Raichl seconded the motion for the sake of discussion. Raichl asked if the stipend had just been negotiated this year in the budgeting process. Staff confirmed that it had been. Marquis confirmed that in the past the stipend had been raised per cost of living increases were granted. Raichl clarified that the District Attorney did not have any stipend last year and now had $13,500 stipend this year. The motion was put to a vote, 4-1 against applying the COLA to the re-instated stipend.
Manager’s Report
Derickson handed out Jordan’s opinion the county’s lack of authority over pipeline structures, the oversight of which is given exclusively to the Federal Energy Regulatory Commission by the Natural Gas Act.
Commissioner’s Report
Sam Patrick reported that a meeting has been scheduled for July 2 at the Knappa Fire Hall to discuss the fate of the railroad tracks over the Knappa Dike, which was repeatedly damaged by flooding beginning in 2005. Representatives from The Corp of Engineers, Oregon Department of Transportation and the Railroad will be meeting with members of local residents who lived in the diking district to discuss whether or not to rebuild or vacate.
Appointments
County Planning Commission: Marcia Harper-Vellutini, Clarke Powers and Tod Lundy
Northwest Oregon Housing Authority: Charlotte Langsev
Oregon Economic and Community Development Department: Commissioner Ann Samuelson
Consent Calendar
- An amendment to an agreement with the State of Oregon for the replacement of the Ferris Creek Bridge;
- Cancellation of delinquent manufactured structure taxes;
- A public safety contract with the Oregon State Marine Board;
- A county counsel services contract and budget adjustment for 2007-08;
- Setting a hearing date for the vacation of a public road known as ‘old abandoned railroad right of way’ in Section 24, T7N, R9W;
- Purchase of paint for road-striping;
- A resolution and order authorizing a loan to the County Health and Human Services Department.
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