Monday, May 24, 2021 3:00 p.m. Regular Meeting
Livestreamed on YouTube at: https://www.youtube.com/channel/UCwNz5TMyHTN4itpJm_efb9Q Constituent input may be submitted online up to two-hours prior to the start of the meeting at: https://app.smartsheet.com/b/form/363543508b294a83b78cc663fd4dff6b
I. CALL TO ORDER
II. SOUND CHECK
III. ROLL CALL - ESTABLISHMENT OF A QUORUM
IV. RECOGNITION/PROCLAMATION
V. ADOPTION OF CONSENT CALENDAR A. Minutes of Board of Commissioners Meeting
B. Commission Appointments and Resignations
C. License Applications or Renewals 1. Order #5-21- OLCC Temporary License – Luna Sea
D. Tax Foreclosure, Right-of-Way, Sales and Deeds
E. General Budget Resolutions 1. Resolution #21-5-24_ Revised Application for the Property Tax Grant Program for FY21-22
B. Acting as Governing Body of County Wide Service Districts
C. Documents and Recording Matters in the Commissioners Journal 1. Order #5-21- Memorandum of Agreement – The Coast to Cascades Community Wellness Network
2. Order #5-21- Intergovernmental Agreement between Lincoln County and the Seventeeth Judicial District of the Circuit Court for the State of Oregon for the Lincoln County HOPE Court Program
3. Order #5-21- Memorandum of Understanding Re: Part-Time Patrol Deputy between Lincoln County Sheriff’s Office and Lincoln County Deputies Association
4. Order #5-21- Bridgeview Professional Center Lease Renewal and Extension -
Updated: May 24, 2021, 12:01 PM - Page 1 of 2 -
Agenda of May 24, 2021 - Board of Commissioners Meeting
D. Execution of Documents 1. Order #5-21- Agreement between Lincoln County and Hicks Striping and Curbing, Inc. for the Application of Longitudinal Pavement Markings to Select Lincoln County Roads
VI. PUBLIC HEARING A. Ordinance #516 In the Matter of Planning Department File #01-ZC-PC-20 to Consider the Application of Kyle and Ashley Humphry’s for a Comprehensive Plan Map Amendment and Zone Change – Presented by Jerry Herbage, Assistant County Counsel & Onno Husing, Planning Director
VII. DECISION/ACTION A. Intergovernmental Agreement between Lincoln County, Benton County, Linn County and Lane Council of Governments for Rural Broadband Project – Presented by Wayne Belmont, County Counsel
B. Resolution # 21-24-5A Extending Suspension of Processing of New Short-Term Licenses Under LCC 4.405 through 4.460 Wayne Belmont, County Counsel. Possible action on this item will follow the update on the STR Program Amendments.
VIII. DISCUSSION/INFORMATION (Note the Board could act on the following topics)
IX. REPORTS A. Lincoln County Public Health COVID-19 Update – Presented by Florence Pourtal, Interim Public Health Director
B. Echo Mountain Complex Fire Update – Presented by Casey Miller, Public Information Officer
C. Update on STR Amendments – Presented by Wayne Belmont, County Counsel. This update will be followed by consideration of Resolution # 21-24-5A to extend suspension of new short term rental licenses.
D. Commissioners
X. PUBLIC COMMENT
XI. EXECUTIVE SESSION A Pursuant to ORS 192.660(2)(d) to discuss labor negotiations.
XII. ADJOURN
XIII. OTHER SCHEDULED MEETINGS AND APPOINTMENTS OF THE BOARD Tuesday, June 1, 2021 - 9:00 a.m. – Office Meeting and Board Briefing
Tuesday, June 1, 2021 – 3:00 p.m. – Board of Commissioners Meeting
For special physical, language, or other accommodations at Board's meeting, please contact the Board at 265- 4100 (voice) or dial 7-1-1 Relay Service and include e-mail as soon as possible, but at least 48 hours before the meeting.
Updated: May 24, 2021, 12:01 PM - Page 2 of 2
1 BEFORE THE BOARD OF COMMISSIONERS
2 FOR LINCOLN COUNTY, OREGON
3 ORDINANCE # ______
4 Amending the Lincoln County Comprehensive Plan Map to provide a designation of 5 Forest Land and a Zoning Map designation of T-C (Timber Conservation) on property 6 located on Thornton Creek Road, approximately 0.3 miles from Crystal Creek Loop, and 7 further identified on Lincoln County Assessor’s Map #10-09-31 as Tax Lot 00701; and 8 declaring an emergency.
9
10 WHEREAS, applicants Kyle Humphrys and Ashley Humphrys, requested a 11 comprehensive plan amendment change from Agriculture Lands to Forest Lands and a zone 12 change from A-C (Agriculture Conservation) to T-C (Timber Conservation) for their subject 13 property; and
14 WHEREAS, the subject property is located on Thornton Creek Road, approximately 15 0.3 miles from Crystal Creek Loop, and further identified on Lincoln County Assessor’s Map 16 #10-09-31 as Tax Lot 00701; and
17 WHEREAS, on April 26, 2021, after legal notice was given in accordance with the law, 18 the Lincoln County Planning Commission held a public hearing on the subject request. The 19 Planning Commission voted unanimously to recommend approval of the request. On April 26, 20 2021, the Planning Commission adopted Findings, Conclusions and Final Order 21 recommending that the request be approved. A copy of the Final Order is attached hereto and 22 incorporated herein as Exhibit 1. The recommendations of the Planning Commission were not 23 appealed. The Planning Record in this matter is found in Case File #01-ZC-PC-20 and by this 24 reference is incorporated herein as if fully set forth; and
25 / / /
ORDINANCE # ______Page 1 of 3 Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108
26 WHEREAS, a reading of this Ordinance was held by the Board of Commissioners on 27 May 24, 2021, and the Board considered whether or not to approve the Ordinance; which 28 would allow the requested plan and zone change; and
29 WHEREAS, after deliberations, the Board unanimously approved the recommendation 30 of the Planning Commission to amend the Lincoln County Comprehensive Plan Map and the 31 Lincoln County Zoning Map, as requested by the applicant.
32 NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
33 SECTION 1.
34 1. The Planning Commission’s recommendations are adopted, and the Lincoln 35 County Comprehensive Plan Map is amended to Forest Lands and the Lincoln County Zoning 36 Map is amended to T-C (Timber Conservation) on a parcel of land located on Thornton Creek 37 Road, approximately 0.3 miles from Crystal Creek Loop, and further identified on Lincoln 38 County Assessor’s Map #10-09-31 as Tax Lot 00701 (Case File No. 01-ZC-PC-20). 39 40 2. The findings and conclusions supporting these actions are adopted as set forth 41 in Exhibit 1. 42 43 3. Copies of this Ordinance shall be forwarded to the County Surveyor, County 44 Assessor, County Counsel, and Lincoln County Department of Planning and Development. 45 46 4. The Department of Planning and Development shall amend the official maps in 47 the Lincoln County Clerk’s Office and shall forward a copy of this Ordinance to the 48 Department of Land Conservation and Development.
49 SECTION 2.
ORDINANCE # ______Page 2 of 3 Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108
50 In accordance with the Findings supporting this request, this Ordinance being necessary 51 for the immediate preservation of the public peace, health and safety, an emergency is declared 52 to exist and this Ordinance shall take effect upon its passage.
53 DATED this 21st day of May, 2021.
54 LINCOLN COUNTY BOARD OF COMMISSIONERS
55 ______56 Doug Hunt, Chair 57 58 ______59 Claire Hall, Commissioner 60 61 ______62 Kaety Jacobson, Commissioner 63 64 ATTESTED TO: APPROVED AS TO FORM: 65 66 ______via on phone on 5/20/20215/_____ 67 Kristi Peter, Recorder M. Gerard Herbage, Asst. County Counsel 68
ORDINANCE # ______Page 3 of 3 Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108
EXHIBIT 1
1 BEFORE THE BOARD OF COMMISSIONERS
2 FOR LINCOLN COUNTY, OREGON
3 In the Matter of: ) 4 EXTENDING SUSPENSION OF ) 5 PROCESSING OF NEW SHORT TERM ) RESOLUTION # ______6 LICENSES UNDER LCC 4.405 THROUGH 4.460 ) 7 UNDER RESOLUTIONS #20-4-3B, #20-27-4A, ) 8 #20-21-9A, and #20-21-12C ) 9 10 WHEREAS the Lincoln County Board of Commissioners (Board) by Resolution #20-4-3B 11 as amended and extended by Resolution #20-27-4A implemented a temporary suspension of new 12 short term rental licenses in order to undertake a comprehensive review of licensing standards, 13 program operations, enforcement actions and full implementation of new provisions of the 14 licensing program for short term rental of residences (STRs), Lincoln County Code (LCC) 15 Sections 4.405 through 4.460; and 16 17 WHEREAS shortly after the suspension took place the County, State of Oregon, and 18 Federal Governments declared local, state and national emergencies in response to the COVID 19 19 pandemic crisis that continues to this date and extends beyond the termination date for Resolution 20 #20-4-3B. Subsequently an additional declaration of an emergency was made by the County and 21 state of Oregon in response to unprecedented local and state wildfires that have and will continue 22 to require extensive County resources for response and recover beyond the extended dates of 23 termination in Resolution #20-27-4A, Resolution #20-21-9A and Resolution #20-21-12C. As of 24 this date both those emergencies remain in place and additional staff resources have been devoted 25 to a surge in COVID cases, the new state framework for response, and vaccination administration. 26 In addition, response and recovery efforts are still underway for the wildfire emergency; and 27 28 WHEREAS County resources have been and will continue to be diverted to responding to 29 the pandemic and wildfire emergencies for the foreseeable future and the interim recommendations 30 which the county was to review and implement, and the longer term options to be explored, and 31 decisions finalized for the update of the program requirements while underway are not completed; 32 and 33 WHEREAS the Board has subsequently reviewed proposed changes to the County 34 Program for business regulation of STRs, has held several workshops with over 100 public input 35 responses, in addition to numerous emails addressing possible changes to the program. The Board 36 on May 3, 2021 directed staff to focus on four areas of change including consideration of a possible 37 limit on the number of licenses based on seven subareas of the County. This direction could lead 38 to allowance of additional licenses in some areas, but a limit on licenses at, above or below the 39 current number of licenses within other areas. Staff is working on the details of this directive for 40 presentation to the Board and public and incorporation into amendments to the County Code; and 41 42 WHEREAS the Board provided in Resolutions #20-4-3B, #20-27-4A and #20-21-9A that 43 the temporary suspension could be extended or amended, which the Board of Commissioners now 44 determines is necessary to allow continued work on the proposed changes to the STR program. Page 1 -- RESOLUTION # 20-21-9A
Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108
45 46 NOW, THEREFORE, the Board of Commissioners does resolve and order: 47 48 1) That Resolutions #20-4-3B, #20-27-4A, #20-21-9A and #20-21-12C are hereby extended 49 to November 30, 2021 unless further extended by action of the Board or replaced with 50 amendments to the County Code. 51 52 2) That except as changed above in paragraph one, all other terms and conditions of 53 Resolution #20-4-3B remain in full force and effect and are incorporated herein as if fully 54 set forth in this Resolution. 55 56 3) That copies of this Resolution be provided to the Short Term Rental Licensing Authority 57 (Lincoln County Sheriff’s Office), County Counsel and to the county PIO to distribute to 58 the public through appropriate means. 59 60 61 DATED this24th day of May, 2021. 62 63 LINCOLN COUNTY BOARD OF COMMISSIONERS
64 ______65 Doug Hunt, Chair 66 67 ______68 Claire Hall, Commissioner 69 70 ______71 Kaety Jacobson, Commissioner 72
Page 2 -- RESOLUTION # ______
Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108