Thursday, February 5, 2009

BOCC Sets Measure 49 Process

Carrie Bartoldus July 24, 2008

Clatsop County Board of County Commissioners settled on a process for upcoming Measure 49 hearings at its regular meeting Wednesday evening, July 23rd. Meeting with Community Development Director, Ed Wegner and planner Mike Weston presented the board with staff recommendations for a process in which the board can hear appeals to Measure 49 decisions made by the director. Wegner stated that the decisions the board made on these first three appeals would help clarify that county’s standing on “vested rights”. As it stands now the best Wegener can do is go on the advice of county counsel. At this time there are three property owners appealing decisions by the director to deny their claims. The property owners were granted waivers of land-use restrictions under Measure 37 to proceed with their developments if they meet certain criteria. In order for them to proceed any further with developing their land they now have to prove they have vested rights.

Attorneys for both the appellants and their opponents have requested time to make lengthy arguments before the board, according to Weston. Allowing this could lead to hearings lasting three to five hours each. Weston commented that the reasoning for this would be so that expert testimony could be heard and lawyers could argue their case. However, Weston reasoned, lawyers would be able to make all of their points in writing, which the commissioners would have to read before the hearings. The planning staff recommends giving each side 15 minutes for initial testimony, additional time for rebuttal, with three minutes each for input from the public. The board voted to adopt staff’s time limits.

Because of a conflict with staff vacation schedules the original date for the hearings to begin on August 13th have to be set back to September with the board holding a work session with the planning department on August 27th to go over vested right decisions in Oregon. The board decided to set two of the hearings for a special meeting on Sept. 8 and the third for Sept. 10.

In other BOCC decisions the board approved a 4.2 percent cost of living increase for employees of the 4-H and Extension Service Special District; Approved the sale of a quarter-acre parcel of land in Elsie to W.P. and J.L. Layman for $4,500 and proclaimed August 10-16th to be Community Health Center Week.

A presentation was made by representatives of the Northwest Oregon Housing Authority (NOHA), which serves Clatsop, Columbia and Tillamook counties. Seaside Duplex and Warrenton Beach House are units, owned by NOHA, are for developmentally disabled individuals. Coast Rehabilitation Services provides services to the residents. Uniontown Apartments, also owned by NOHA, is transitional housing for persons with mental illness and developmentally disabled individuals. Clatsop Behavioral Healthcare currently manages the property providing services to its residents.

The consent calendar was approved: – a labor agreement with the union representing deputy prosecutors in the Clatsop County District Attorney’s Office; – a notice of sale of mineral rights and setting a hearing date; – a custodial services contract; – special event permits for the U.S. Coast Guard and American Legion for events at Cullaby Lake Park; – a resolution and order approving joining the Oregon Coastal Zone Management Association and paying the $8,500 annual dues; – allocating $25,000 of the county’s share of Georgia Pacific Enterprise Zone payback to help fund the US Highway 30 Lower Columbia Rail Corridor Study.

No comments: