Thursday, February 21,1980
where there is nothing located, except
trees. Commissioner Sahagian stated that
she thought they were talking about
something different that couldn’t be done
anyway, because the county counsel had
previously advised that the Board cannot,
make a variance on a lot size, because
what they would really be doing would be
making a zone change that is being called
a variance. What would be done, if this
were to be allowed, was making a zone
change for one parcel of land, and the
Board would then have to allow anyone
living in the area to do the same thing.
Otherwise, the Board would be s e le c t in g
only certain people who would be allowed
to do this, and it would be easier for him ,
and his neighbors, in the future, if the
zone were changed so that he and others
could do what he was asking to do. She
felt what was really needed was a zone
change in the area, if it could be justified.
Mr. Backlund said that if there is a
variance, and the Board explained why it
was done, it would be done against the
Planning Commission and county counsel
recommendations. But, if there were a
zone change for the ares, however big it
might be, it could drag on for a long time.
He further stated he had planned to bring
counsel with him today, but the first
hearing was cancelled because of the
snow, and today his legal counsel is in
court. Commissioner Hunt asked Mr.
Backlund if he wished the Board to
continue the hearing, and he said he did.
He further stated that he felt there was
more reason to grant a variance for this
one parcel than to make a zone change for
the entire area because he didn’t wish to
cut anything more off this parcel. There
was only one neighbor with enough land
who would be able to do it, if it were a zone
change.
Commissioner
Sahagian
then
commented that even if the Board agreed
and wished to grant the variance, so long
as the Ordianance was in effect the way it
is written, they had no choice. If the
Ordinance were wrong, and it shouldn’t
be that way, it should be changed, or the
zone should be changed, but it must be
done according to the laws. She would
prefer to see a zone change in the area so
that others could also do what Mr.
Backlund proposed, if they wished to do
so.
Mr. Backlund then said that the staff
had indicated if he would put more than
what he had proposed into the
partitioning, it would be more favorable
toward allowing it. He felt if it were
favorable if there were twice as much land
as he had indicated, it should not make
any difference. On the rest of the land,
there are water lines, and bther things
buried in various locations which relate to
what he wishes to keep intact, which he
would run into if the division were made
any other way. He referred to Secion
1802, and stated there were things there
over which he had no control, because
that it is the way it was built years gao.
Commissioner Hunt said that perhaps if
both legal counsels were available, this
matter might be resolved, and the hearing
would be continued for a week, providing
the counsels could be available. He added
that he was not being an adversary, but
was only saying that it can’t be done
because of the way the ordinance is
written, but he thought there might be
some other way it could be resolved. Mr.
Backlund said that if it couldn’t go the
way he had proposed, he was tempted to
request his money back, and continue to
live in the old house. He has lived in it all
his life, and would like a new one.
Commissioner Sahagian stated she was
in sympathy with him, and appreciated
his position, but hoped he realize the
Board’s position. If they allowed the one
variance, they would have to allow the .
same thing anywhere in the county. She
felt the Board might be able to work
around it with a zone change, and did not
think he would have to go through
anything more with a zome change than
he had for a requested variance. Had he
initially come in for a zone change, he
probably would be where he is now, in
progress.
The Board recommended liquor license
renewal application for the following:
Brown’s Landing, Goble Garage and
Grocery, A & C Yankton Store, Sunnyside
Service, Kim’s Market, Ray Mar Tavern,
Quick Shop Minit Mart 41.
Notice of acceptance of reappointment
to the Budget Committee was received
from Edith Bartel.
Notice of rejection of reappointment to
the Fair Board was received from A1
Lennox. The Board discussed a possible
"
replacement. Commissioner Sahagian
commented on a letter which had been
received from the Pomona Grange at an
earlier date,
recommending the
appointment of a Grange member, and
stated that Shalmon Libel, of the Natal
Grange, had expressed interest in serving
on the Fair Board. The Fair Board will be
advised of this interest, and requested to
subm it
their
comments
and/or
recommendations.
Notice was received from Bill Ostrander
and Arthur Haight, of the Upper Nehalem
Valley CPAC of their resignations. The
CPAC was to be contacted and requested
to
make
recommendations
for
replacements.
There was brief discussion regarding a
proposed ordinance amending the zoning
ordinance, with regard to maps
designating potential flood plain areas.
No action was taken.
A Resolution was received from Rainier
School District No. 13 protesting the plan
of Bonneville Power Administration to
cross the district property with new lines
and towers. A Resolution of the City of
Rainier was also received adopting the
Bonneville Power Administration plan to
take the new 500 KV power line th ro u g h
the state of Washington, rather than
Oregon. These resolutions were discussed
by the Board. It was agreed that a
Resolution would be drafted for signature
by the Board also protesting the lines
coming through Columbia County.
Commissioner Sahagian moved, and
Commissioner Ahlborn seconded, that the
minor partition requested by Max
O’Black, of Tax Lot No. 6428-000-01100
be approved and found not in violation of
the LCDC Enforcement Order. Motion
carried.
February 6,1980
- Commissioner Sahagian moved and
Commissioner Ahlborn seconded an
Order be signed approving, the
appointment of Fredrick A. Dodge, as
Deputy Sheriff. Motion carried.
A request was received from property
owners and ' other travelers using
McDonald Road, requesting berming and
guardrails along the road. Sam Hollinger
was asked to be present to discuss this.
Mr. Hollinger said there had never been
any complaints until Publishers Paper
had clear-cut the area, and people could
see it. However, since that time, the road
department crews had widened the road
about four feet, and put up site posts. The
petition indicated there .was a drop of an
estim ated 1,000 feet. However, Mr.
Hollinger indicated this was not so, as it
had been measured, and in the deepest
area it is about 150 feet. He also stated
there were a great many areas on roads
throughout the county that were far
worse than this, and explained that when
the road was widened, the road
department had put an approximate 2-
foot berm along the edge. Mr. Hollinger
was asked a cost estimate, and he said it
would cost $3.00 per foot for guard rails,
the posts would be about $9.00 each, the
necessay bolts were close to 904 each, and
with the labor involved, it would cost
$6,000 to $7,000 to put a guard rail along
there. He also advised there was a similar
situation along Roack Creek Road in
places.
A letter received from Robert
VanNatta, on behalf of Kynsi-Lammi, was
referred to Mr, Hollinger. This related to a
proposed realignment requested by Kynsi
and Lammi. Commissioner Ahlborn drew
a sketch on the blackboard to . show the
other commissioners what they had
proposed the previous day when they had
discussed this with him. They proposed to
have a short portion of Old Highway 30
vacated, which would allow them adequate
room for set back for a building they
propose to erect, and creation of a
roadway changing the road. He showed in
the sketch the area they proposed to
vacate. He suggested the Board not do
anything with regard to the vacation until
such time as the new road has been built
to county standards, including paving,
and accepted by the county for
maintenance. Later; Mr. VanNatta
personally appeared in behalf of Mr.
Kynsi and Mr. Lammi regarding the
letter he had written, and the Board
advised him of their previous discussion.
Mr. VanNatta questioned whether Mr.
Hunnicutt would be doing the necessary
legal paper work required in order to
accomplish this. He was advised that he,
as attorney for Kynsi-Lammi, should be
responsible for notifying his clients of the
Board’s requirement, and should also do
whatever legal work was necessary.
Commissioner Sahagian moved and
Commissioner Ahlborn seconded the
Board sign the Right of Way Certification
form required for Rock Creek Bridges,
Keasey Road, FAS A-756. Motion carried.
Notice, of acceptance of reappointment
to the Fair Board was received from Gerì
Johnson.
Dan Sprague, Clatskanie, met with the
Board to discuss information he had
learned concerning leasing of minerals.
He advised he had recently leased thè
minerals on his property near
Clatskanie, and had found, in his
investigation, that there was no
requirement that a lessor, or driller, b e
required to show financial responsibility.
The only thing that is required is a bond
for $10,000 to protect the leased property.
He suggested the count consider an
ordinance requiring anyone drilling to
have some kind of property liability
insurance. Commissioner Hunt advised
what had been done to date with regard to
mineral rights owned by the county,
stating a list had been prepared, this is
being researched by the title companies,
and in some cases, there may be areas of
litigation. He did not know if leasing
and/or drilling would require any
ordinance, or if such provisions were
contained in the lease aggreement itself.
The companies who are leasing, and those
who are drilling, should provide a bond or
other proof of property damage liability,
especially in such critical areas as along
dikes, or in forested areas, according to
Mr. Sprague. He also discussed the
distribution of funds received from-
mineral leases and/or royalties, and said
he would like to discuss this further next
week.
Commissioner
Sahagian
suggested that because what he proposes
is informational type of thing, that he
submit this in a written report which
could be read by each of the
commissioners, rather than taking up
valuable time during the regular Board
meetings, when they are so heavily
scheduled. Mr. Sprague indicated he did
not object to this type of procedure.
At the request of the Baord, Phil
Dewey, surveyor, met with them to
review a claim he had submitted in the
sum of $4,535.39 for various services.
.Because there was only a balance of
$7,815.62 left in his entire budget for the
balance of the year, the claim in question
was going to reduce that amount
considerably. Mr. Dewey indicated that
he could stop the work on microfilming,
and setting corner secions. He said the
survey records are a problem, because the
old maps are on paper which is rapidly
deteriorating, and is becoming illegible.
These need replacement. He did say he
could stop all of the normal work with the
exception of helping the public.
Commissioner Sahagian asked if there
was any reason why the public could not
pay for the services they request. Mr.
Dewey said that prior, fifteen years ago,
the service of help to the public was not
offered, and that he could charge those
using the service if the Board was willing
to accept the complaints they would be
receiving. He said that previously it had
been made available because of the public
demand, and only since he has been in
office has the public been consistently
able to take advantage of the records in
the surveyor’s office. In addition, he has
always kept the office open, except of rare
occasions, which had not been done
previoysly, because the county was not
willing to pay for the service to the people.
Commissioner Hunt said that he
personally would rather have the public
be given the service, and cut down on
something else. Commissioner Sahagian
stated she could not see where payment
by the public for the services of the
surveyor was any different than someone
going into the clerk’s office and
requesting copies of information they
have, and make charge for. She felt that
perhaps the public might have, to be
charged for his services the same as the
services in the clerk’s office.
Mr. Dewey was advised that he should
do nothing but that which was absolutely
essential for the balance of this fiscal
year, and if the funds did run out, some
action would have to be taken by the
Board. He said he could hold off for a few
months on the maps that need restoring.
He could hold off nearly indefinitely on
the bearing trees, but the section comers
were a different matter. If they àre out
surveying and run across a rusted off pipe
that is almost impossible to find, and the
crew is in there, they will reset the comer
then, rather than waiting a year, or two or
three, until it is completely gone, where
they wouldzhave to go back and relocate
Vernonia Freedom—Page 7
the comer, and do it over again. Other
portions of the bill were also discussed,
such as charges for repair of equipment.
Because the equipment is county-owned,
Commissioner Sahagian asked why the
county was being required to pay the
repair costs when he uses this same
equipment in his private practice as well.
Mr. Dewey stated he does not charge for
his private services an amount sufficient
to cover the cost of equipment repair.
Bill Ostrander, representing O & T
Properties, met with the Board regarding
their request for a minor partition of Tax
Lot 4406-000-00800. Commissioner Hunt
read aloud the staff findings. It was noted
that this particular tax lot is divided by
Capitol Hill County Road. No. 120, and
Mr. Ostrander was requesting a minor
partition of that portion lying north of the
road, and south of the road. They
proposed dividing the north portion, and
the south portion, into three parcels each.
Commissioner Sahagian commented this
was a case identical to the incident of
Reed Bruegman, wherein the Board had
determined that because the tax lot was
split by a county road, therefore in
seperate ownership, the property was not
contiguous. Based upon this previous
determination, the commissioners
approved the minor partitionins, north
and south of the road, — found not in
violation of the LCDC Enforcement
Order.
Commissioner Hunt discussed at some
length the Forest Land Counties meeting
he had attended recently, and indicated
that it was decided at this meeting that
the dues for calendar year 1980 for the
participating counties would be $147.00
This was based on a $15,000 budget for
the first year. Commissioner Hunt also
indicated that he felt it necessary that
someone with knowle4ge of forestry
should represent the Board of this
committee, and suggested that because of
his background in timber, Commissioner
Ahlborn be the representative for
Columbia County, and be given the proxy
vote of the commissioners to act in their
behalf. This was agreeable to both
Commissioners Sahagian and Ahlborn.
Commissioner Hunt then advised that the
next meeting of this group was scheduled
for Friday, Feb. 8, in Eugene, at 10:00 am.
A letter had been received from Bill
Ostrander advising of his resignation as
a member of the Upper Nehalem Vally
CPAC. However, after discussion with
him, it was learned that he had been under
the impression he had been elected for one
year,.rather then two, and his letter was
to advise he did not wish to be reelected.
He stated he would continue to serve the .
balance of his term, and the Board
ignored his resignation.
N otice was received from Ralph
Langwick of the Rainier-Femhill CPAC
that he did not wish an extension of his
term of office following its expiration.
Commissioner Hunt suggested a letter be
written to the CPAC chairman requesting
they recommend a replacement.
Notice was received from Dick McClure
of the Rainier-Femhill CPAC that he
would be willing to serve a two-year term
if reappointed. Commissioner Ahlborn
moved and Commissioner Sahagian
seconded Mr. McClure was reappointed
for a two-year term effective Jan. 1,1980.
Motion carried.
Commissioner Sahagian moved and
Commissioner Ahlborn seconded Orders
Approving Appointment of Mildred G.
Sherburne, Melanie A. Roth, and Helen
D. Tupper, as deputy tax collectors, be
signed. Motion carried.
Commissioner Sahagian commented
about the Park department budget noting
there were some items over-expended and
suggested Mr. Hollinger be advised of
this and told to watch expenditures very
carefully for the balance of the fiscal year,
for if the fund runs out of money, the
parks will have to be closed, there is
already quite a drain on the contingency
fund with these overexpenditures.
The Board then discussed the release by
staff personnel of materials in the Board
office. It was the conclusion that those
items which are public record could be
shown to anyone requesting them, but
that if copies were desired, these must be
obtained in the clerk’s office. Inter-office
correspondence of correspondence with
legal counsel which was not a public
record would neither be shown nor given.