Your Vote Counts

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This article has been updated as of 10/14/2021 at 3:09 PM

While it is now beyond the date to register to vote in the November election we wanted to provide this updated information regarding our previous post on this topic.  Our previous discussion of residency related to elections unintentionally left room for misinterpretation. The article has been modified to place a more accurate qualifier as it pertains to residency and Oregon elections laws so that those who may refer to this article in the future will receive the most accurate information.  The modified post is as follows. 

If this is an issue that concerns you the Devils Lake Neighborhood Association encourages you to place your mark on the November 2nd ballot whether for or against.  If you are currently registered to vote in Lincoln County you will receive a ballot in the mail.  If you are registered to vote in another location and are a part-time resident of Lincoln County it is legal in Oregon for you to change your registration to vote in this election.   To be clear simply owning property in the county does not establish residency.  The term "part-time resident" is not used in Oregon Statues pertaining to elections but the concept is generally interpreted as a primary or secondary residence that a person lives in part of the year and considers it their primary residence during that period when they are living there. The Oregon Secretary of State provides the following language related to residency in their Election Law Summary

ORS 247.035; Rules to Consider in Determining Residence of Person for Voting Purposes
ORS 247.035 (1) sets out several rules an elections official must consider, to the extent they are applicable, when determining the residence and qualifications of a person offering to register or vote. ORS 247.035 (3) sets out a set of factors an elections official may consider when making a determination of residency for voter registration purposes. An elections official may consider, but is not limited to considering, the following factors in determining residency of a person for voter registration purposes:

(a) Where the person receives personal mail;
(b) Where the person is licensed to drive;
(c) Where the person registers motor vehicles for personal use;
(d) Where any immediate family members of the person reside;
(e) The address from which the person pays for utility services; and
(f) The address from which the person files any federal or state income tax returns.

Voter registration standards must allow for registration of persons in situations such as the homeless, college students who are living at college, “snow-birds,” military personnel, persons employed temporarily out of state or country but who may not at the time have any physical residence in Oregon but intend to return to Oregon, etc. In determining the eligibility of a voter, the election official must consider the intent of the voter. See ORS 247.195 below, which provides that the county clerk, at any time, may inquire into the validity of the registration of any voter. ORS 247.195;

ORS 247.195 Inquiry into Validity of Registration
This statute provides that the county elections official, at any time, may inquire into the validity of the registration of any person. If the county elections official considers an inquiry warranted, the official mails a written statement to the person that describes the nature of the inquiry and provides a suitable form for reply. Upon receipt of the person’s response, the county elections official must determine whether the information satisfies the inquiry. 

The voter registration deadline for the November election has passed it was October 12, 2021.  You can accomplish an original registration or a change to your voter registration online at the following link. Register to Vote Online


Short Term Rentals On The Ballot

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If you’ve been in the neighborhood for some time you may recall the years-long process the the City of Lincoln City engaged in to review and modify its rules on Short Term Rental (STR) licensing within the City.  Currently, the Lincoln County Board of Commissioners are engaged in their own years-long process of reviewing and modifying the STR rule they first established in 2016.  

Unique to the County’s effort, the public process for updating the STR program was delayed by the COVID-19 pandemic and the Echo Mountain Fire event.  As a result of these events the Board has twice extended the suspension of accepting new licenses in the STR program, now until November 30, 2021.

As was the case in Lincoln City’s process, everyone involved in the effort is frustrated by the time it has taken to complete the review.  As happened in Lincoln City a group has gathered enough signatures to place an initiative on the Ballot; Measure 21-203 was just certified to be placed on the November 2nd ballot.

The Devils Lake Neighborhood Association cannot and does not take a position in any election.  We do however try to help keep our neighbors aware of important issues that impact the neighborhood.  For more information on each party's position on 21-203 as well as information regarding voter registration in Lincoln County continue reading this email. 


More About Ballot Measure 21-203

This article was updated 10/12/2021

So what’s the skinny on this election?  Supporters of Ballot Measure 21-203 are asking for a “Yes” vote which will ban all new STR’s from operating in Lincoln County, and will phase out existing STR’s over a five year period.   The opponents of the Ballot Measure are asking for a “No” vote which will let the County’s public process of review and revision continue resulting in revisions to the STR licensing regulations hopefully by year-end.  

The following is our best description of what will happen should the Ballot Measure succeed or should it fail.  This is an honest attempt to describe only what will change in the rules.  We have provided a link in each case to those who support each side so you can review their reasoning for the positions they have taken. 

Where do these rules apply

To begin, it is important to realize that this debate only impacts unincorporated portions of the County.  Each City in our County has their own STR rules therefore, all homes and current STR’s that are within the city limits of Lincoln City, Depoe Bay, Newport, Toledo, Walport, and Yachats will not be affected by this election.  That said all registered voters in those cities will be allowed to vote on Ballot Measure 21-203.

If the “YES” vote prevails

The Board of Commissioners will be instructed to discontinue their current public process and abandon the current draft set of revisions specific to Short Term Rentals in Sections 4.405 to 4.460 of the Lincoln County Code. These rules by order of Ballot Measure 21-203 will be revised to reflect these specific changes.

  • Effective on the date of adoption of the measure, no new STR licenses shall be issued in R-1-A, R-1 and R-2 zones in unincorporated Lincoln County.  As of September 2021, there were less than 55 known to exist outside of the restricted zones. (See Lincoln County STR Map)
  • Phase out all STR’s contained in R-1-A, R-1 and R-2 zones over a five-year period.  As of September 2021, there were 477 licensed STR’s that will be phased out in these zones.
  • Will override the HOA bylaws, CC&R and similar documents in planned community neighborhoods that explicitly allowed vacation rentals for all owners from inception.
  • For STR’s during the transition period and STR’s outside of R-1-A, R-1, R-2 zones after the transition, impose an occupancy restriction of two people per bedroom, currently it is three people per bedroom plus two.
  • For STR’s during the transition period and STR’s outside of R-1-A, R-1, R-2 zones after the transition, require a septic system evaluation by a state licensed inspector.
  • For STR’s during the transition period and STR’s outside of R-1-A, R-1, R-2 zones after the transition, require off street parking for all STR association vehicles.
  • Enact several changes to the current complaint process.

You can review the position of proponents of Ballot Measure 21-203 at 15neighborhoods.com.

If the “NO” vote prevails

The Board of Commissioners complete their current public process and enact revisions specific to Short Term Rentals in Sections 4.405 to 4.460 of the Lincoln County Code. The current proposal for rule changes was published by County Counsel on September 29, 2021.  This proposal includes these specific changes.

  • Impose limits on the total number of STR’s in 5 regional areas based on percentages.  This would reduce the current number of STR permitted with some growth in areas East of Hwy 101 and some reduction through attrition in areas West of Hwy 101.  Will reduce current licenses by 35 and establish a lottery process for new applications that exceed the limit.
  • Reduce the occupancy limit to two per bedroom plus two persons or alternatively impose limits resulting from the septic system review if applicable, whichever is less.  
  • Require all existing STR’s to have On-Site Septic Systems inspected by a DEQ authorized professional and any deficiencies cured to continue as a STR’s, all new license applicants will require inspection as well.  Septic evaluations may result in lower occupancy rates for individual STR’s.
  • Parking rules remain unchanged and currently requires one off street parking spot for each bedroom plus one additional parking spot. 
  • Create a more robust complaint process adding an Administrative Hearing procedure to give the County more tools to address issues that may arise with individual STR’s.

You can find a complete record of Lincoln County’s process at this link Short Term Rental 2021 Workshops

You can review the opposition to Ballot Measure 21-203 at https://www.viaoregon.com and isupportoregoncoasttourism.com/.


Additional Quick Reference Resources

 


A Great Evening With Chicamarimba

Enjoy this YouTube Playlist from our final Float-In Brown Bag Concert on Devils Lake. We finished our series with Chicamarimba. The weather was terrific and the music was delightful.  What a great way to wind up the summer season.  Listen in on the first five songs of the evening by clicking on the links below,

  1. Maimbo
  2. Buya
  3. Skokiana
  4. In the Mood
  5. Kyle's Song

Thanks again to our partners Explore Lincoln City, Oregon Coast Today, North Lincoln Sanitary Service, Meredith Lodging, Whisler Construction,  Vacasa and the Devils Lake Water Improvement District, without them this would not have been possible. 


Third Time's a Charm

The Devils Lake Neighborhood Association (DLNA) will continue its Float-In Brown Bag Concerts on Devils Lake. On the second Saturday evening in September we have booked a band to play a dinnertime concert in a new location off Sand Point. Once again the audience will be located in their boats on the lake anchored near our on shore venue.  Please note that the water depth is greater off Sand Point than previous concerts, plan on 12-18 feet of water when setting anchor.  This should be a great event so please come and celebrate the arrival of our fall season.  Watch our events page for more details.  Still to come...

Chicamarimba

September 11th 6:00pm-7:30pm

An eight woman marimba ensemble whose playing radiates with a love of music and deep friendship. Chicamarimba performs upbeat world music blending African and Latin American rhythms, as well as contemporary favorites for all ages to enjoy.

Take a peek at Chicamarimba

This is a pandemic friendly event

The pandemic will continue to be an issue to some degree, so spacing between the boats will allow for Social Distancing as required by local guidelines. There will be no opportunity to view this concert from the shore so find something that floats your boat and come to hear the great sounds from these three terrific acts.

A special thanks goes to our sponsors; Explore Lincoln City, Oregon Coast Today, Meredith Lodging, Whisler Construction, Devils Lake Water Improvement District, and Vacasa.  This would not be possible without their support.


Come Drop Anchor With Us Again

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Bring your crew, your anchor and your dinner as we continue our free summer series with Rowdy Mountain.  A throwback to the heyday of bluegrass music, Rowdy Mountain plays the raw, down from the mountain sound that gave bluegrass its wheels in the 50s, 60s and 70s. This event will be located at Horseshoe Bay which is located in the Northeast corner of Devils Lake.  (See Map Here)

WHEN
August 14, 2021 at 6pm - 7:30pm

WHERE
Horseshoe Bay
Devils Lake, Lincoln City Oregon

 


Rockin' Evening on Devils Lake

Enjoy this recording of the live stream from the first ever Float-In Brown Bag Concert on Devils Lake. We started our series with the Beth Willis Rock Band and it was a great evening, enjoyed by all.  What a great way to get the summer rolling.  Or should we say "Rock an Rolling"? 

Thanks again to our partners Explore Lincoln City, Oregon Coast Today, North Lincoln Sanitary Service, Meredith Lodging, Whisler Construction,  Vacasa and the Devils Lake Water Improvement District, without them this would not have been possible. 


An Honest Mistake?

So what went on with the fireworks and Regatta Park this July 3rd.  Social media and my email inbox have seen a few critical comments and several untrue statements.  So rather than let this fester I thought I would provide a few answers, right from the source, the Devils Lake Neighborhood Association.

To begin with, the fireworks display was moved on purpose to avoid the use of Regatta Park by the public who might gather to watch the show.  Last year the Association cancelled the show because it would violate the outdoor gathering size due to the Covid-19 pandemic.  This year the planning and more importantly the permitting for the show was done last August when strict limits to crowd sizes still existed.  During the past year gatherings were limited to as little as 10 people.  The primary reason the required permits were granted during these more restrictive times was because the show would not draw a large crowd in a public park.  

Fast forward to this past week and the restrictions had been removed, just days before the show. That did not change the fact that our permit and permissions were for the new site that excluded Regatta Park so that is where the fireworks barge was required to be located.  That is the simple explanation of why the show was relocated from where it was two years ago.

 

Read more

First Float-In Concert Coming Soon

Mark your calendar for the first ever Float-In Brown Bag Concert on Devils Lake. On the second Saturday evening in July, August and September we have booked a band to play a dinnertime concert on our fireworks barge in Devils Lake. The audience will be located in their boats on the lake.  We start our free summer series with an artist that is well known in Lincoln City the Beth Willis Rock Band.  This dynamic band plays covers, and originals, always a tight set of crowd-pleaser hits from one of the most popular bands in the Pacific Northwest. This event will be located at Horseshoe Bay which is located in the Northeast corner of Devils Lake.  (See Map Here)

WHEN
July 10, 2021 at 6pm - 7:30pm

WHERE
Horseshoe Bay
Devils Lake, Lincoln City Oregon

This first ever Devils Lake Float-In Brown Bag Concert Series has been designed so you can enjoy a picnic dinner and some terrific music on your favorite lake. The audience is encouraged to pack their favorite brown bag dinner and float-in to enjoy the band during this 90 minute show. The Devils Lake Neighborhood Association (DLNA) in partnership with Oregon Coast Today, and Explore Lincoln City wish to thank our business partners North Lincoln Sanitary Service, Meredith Lodging, Whisler Construction,  Vacasa and the Devils Lake Water Improvement District, without them this would have been an impossibility.  Please come and enjoy this special evening with your friends and neighbors.

This show provides the unique opportunity to be viewed while boating on Devils Lake, allowing all to remain socially distant.  To maximize safety, a boat restriction zone will be established around the stage. We ask boaters to extend the courtesy of operating in a no-wake manner while in the eastern half of the lake. Social Distance monitors will add an extra layer of safety as they help remind our audience of the need to keep distance between each other on the lake.

 


Help Us Reach Our Goal

 

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We are midway in June and as many of you know we have a terrific day planned for you on July 3rd with a fantastic fireworks display followed on the 4th with our annual boat parade.  We have a long way to go to reach our fundraising goal.  Another $11,000 and we will have the show completely paid for, your help will be greatly appreciated.  If you were thinking of donating this would be a great time to help us get over the finish line.  Just click this link to contribute



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