No M37, 49 action advised by counsel pending resolutions
Holger Sommer as shown on the cable TV screen in Anne Basker Auditorium. (Photos by Illinois Valley News)
From our weekly issue dated March 12, 2008
Making the wrong moves with regard to property rights involving two state measures could place Josephine County and its board of commissioners in dire peril.
That was the gist of somewhat lengthy comments by Merlin resident Holger Sommer, a public agency activist. Sommer, who said “I am all about the rules; the rules you create and the rules you have to obey,” spoke during the commission meeting Wednesday morning, March 5 in Anne G. Basker Auditorium in Grants Pass.
Once again, several rural Grants Pass property owners addressed commissioners regarding what they plan to do in connection with their Measure 37 vesting claims. At issue is the apparent fact that Measure 49 supersedes 37.
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Sommer spoke to what he saw as an ordinance proposal from SORA (Southern Oregon Resource Alliance), a grass-roots group seeking protection for property owners. However, SORA Vice President Jack Swift said that the group is not seeking an ordinance, but direction for the planning commission and ratification of what he called previous contracts.
Sommer’s contention is that if the commissioners take action related to M37, they would violate state law because of the passage of M49.
SORA President Jim Frick told the board that his concern is with contract law.
The day after the meeting, from which Commissioner Jim Raffenburg was absent, the board received a written recommendation from Steve Rich, county legal counsel. He concludes his two-page paper with:
“To restate my recommendation: I advise that the board undertake no further action at this time concerning claims under Measure 37, nor under Measure 49 except as the state grants Measure 49 claims or makes a determination regarding vesting under Measure 37.”
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Additionally, the board was urged during the meeting to not OK any ordinance in the matter by John Rentz, of the Oregon Dept. of State Lands. It would provide a false impression of vesting, he told county commission Chairman Dave Toler and Commissioner Dwight Ellis.
Ellis stated that previous testimony has made it look like an easy matter to say that M37 is negated by M49. But the matter is complicated and contentious, he indicated, and “vesting is a new issue.”
At one point, resident Robert Kendall addressed the matter of contracts. He said that the U.S. Constitution guarantees that deeds are contracts and should not be violated. He reminded Toler and Ellis that their oaths of office include swearing that they will uphold the Constitution.
Kendall then questioned the two commissioners about whether they agree. “Yes,” said Ellis. “It depends on the law,” said Toler.
Kendall began additional commentary, but the chairman interrupted him, saying, “I’m not going to get into a dialogue with you. Your three minutes are up. Do you have anything else to say?”
Kendall replied, “No, I’ve said it.”
Later, shortly before adjourning the meeting, Toler explained his position. The citizen comment portion of the meetings is “not for dialogue,” he said, or “otherwise it would take virtually all day to have a meeting.”
Toler noted that he is OK with receiving citizen concerns and issues. But he indicated that having a discourse is inappropriate for the business meetings.
The chairman added that M37 waivers, to his understanding, are not a promise to allow development, “but in lieu of compensation people can apply for development. It’s not automatically a done deal for development.
“We need to be careful as a county,” he said. He called Sommer’s contention -- that because voters in Josephine County did not approve M49 the county should not abide by it -- “a slippery slope.”
