To the editor:
Law is rarely black or white, and Lincoln County commissioners have a lot of discretion about how they choose to “defend” Ballot Measure 21-203. Their obligation to constituents is to know all the options, including the pros and cons of each.
The county counsel’s role is to help commissioners make the best policy decision. Counsel should give commissioners the applicable law, be it state statute or regulation, county ordinance, or court decision(s). Commissioners should consider the legal options as they deliberate and set public policy. Commissioners are the policy decision makers, not the county counsel.
Commissioners hired outside an attorney for the litigation challenging Ballot Measure 21-203 (and Ordinance 523) because he specializes in advising local government in land use law. The backers of Measure 21-203 hope you consult with him directly, not only through the county counsel, so none of his advice gets lost in translation, as can easily happen.
The goal of 15neighborhods since Ballot Measure 21-203 became the “law of the land,” has been the prompt implementation of its critical elements. We assumed commissioners would oppose the STR investors’ motion to stay (prevent) implementation of BM 21-203 pending the completion of litigation, which could take years. Instead, commissioners agreed to “not oppose” STR investors’ request for a stay.
Six months after voters passed 21-203, there has been no indication that the county has taken any steps toward (1) integrating Ballot Measure 21-203 with Ordinances 487 or 523, or (2) developing written policies and procedures for implementing 21-203. Although it is not an immediate priority, has any thought been given to implementing the five-year phase-out by Nov. 19, 2026?
After six months, it is reasonable to expect the sheriff has written policies and procedures to implement Ballot Measure 21-203. It may be time to ask the sheriff: Is your office ready to implement the critical elements of Measure 21-203, including (1) not issuing business licenses to new STRs, (2) reducing occupancy, (3) preventing the transfer of licenses upon sale, (4) restricting licenses to one license per licensee, (5) requiring an existing septic evaluation report? If not, what resources do you need to do this?
— Monica Kirk, Depoe Bay, 15neighborhoods