BOARD OF COMMISSIONERS'
July 13, 2005
Commissionersí Conference Room
Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green., Sr., Peter Sorenson and Faye Stewart present.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
3. EMERGENCY BUSINESS
4. COMMISSIONERS' REMONSTRANCE
Sorenson received an e-mail from Jeffrey Trians from the Oregon Progress Board, stating Trians was leaving state service after ten years and would be going to Australia to do the kind of work he was doing in Oregon.† Sorenson said that Trians commented that Oregon needed to compete in the 21st Century to move up education and that hadnít happened.
5. COMMISSIONERS' BUSINESS
6. COMMITTEE REPORTS
a. Legislative Committee
Morrison reported that Tony Bieda, Intergovernmental Relations Manager, was in Salem and sent an e-mail with updated information.† She indicated that HB 3303 had been assigned to the Senate and the sponsor, Representative Ackerman, had made a request for a hearing and work session.† She added that all remaining house bills go through senate rules only and other committees are closed.† She reported the Public Safety District got through and Representative Farrís office is scheduling a meeting with the governor for signing of the bill.† She noted the current version of the public safety budget does not include any restoration of funding for the District Attorney Deputy, but AOC and the DAís Association are working to get $300,000 statewide included in the meth package.
7. COUNTY ADMINISTRATION
Van Vactor distributed two letters requesting an offer to purchase the fairgrounds.† He indicated they were not entertaining offers at the present time.
8. PUBLIC WORKS
a. ORDER 05-6-29-13/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA05-5165, Robert Ericsson) (NBA & PM 6/29/05).
Kent Howe, Land Management, recalled on June 29 the Board concluded the hearing on this matter without enough information needed to act on it.† He said they kept the record open until July 8.† He distributed supplemental materials from Laurence Patis as well as the materials from Robert Ericsson with the market analysis and the preliminary title report.† He recalled on June 29 the Board didnít believe they had clear information about the title and that has been supplied.† He also stated that the Board thought the application was lacking in an appraisal and the applicant had provided a market analysis on Lots 3 and 6.
Stewart commented that in 1973 they had the ability to create one-acre lots and there has been a reduction for a takings in this.† He indicated he would support the waiver.
Sorenson asked what the amount of the loss is.
Howe responded for the two ten acre parcels, they could surpass $1 million in gross sales.† He explained that 20 one-acre lots valued at $100,000, calculates at $2 million.† He noted what was being claimed is the possibility of $2 million worth of value, whereas under the current 10 acre lot sizes, each lot is valued between $150,000 and $180,000.
Sorenson was concerned about relying on a realtorís representation for the appraisal.
Van Vactor noted there was ambiguity in Measure 37 as to whether or not Lane County has the legal right to insist on an appraisal.† He thought as long as they had some evidence and they could reach a conclusion that they didnít have enough funding to pay it, then they didnít have a basis to insist on a full appraisal.
Vorhes commented that the determination about reduction in value is not clear in the measure.† He said whatever evidence is sufficient is up to the decision makers.† He said if the Board were inclined to pay compensation, he would encourage them to get a full appraisal value as they would for right-of-way.† He explained then in lieu of paying compensation under the measure, by waiving this and not facing the challenge in court, they didnít need the full appraisal.
Green said if the claimant was able to use the property in 1973 and the restriction on the property currently is preventing him from doing that, he would be in favor of waiving the restriction.
Sorenson asked what rule or regulation reduced the value of the property.
Howe responded that the claimant asserts that everything from the statutes to Lane Code had been in effect since it was originally zoned AGT and any of those regulations that have come into effect on the property since that time have further restricted the ability to develop the property.† He noted after AGT it went to FF20, to F2 and from that to marginal lands.† He explained that those regulations have had additional limitations for land divisions.
MOTION: to approve a waiver for ORDER 05-6-29-13.
Green MOVED, Stewart SECONDED.
Sorenson indicated there was a letter in the file that the property owner didnít receive any loss at all.† He said it was about market conditions, not any restrictions on the property as the basis for their observation as there is no diminution in value for the property.† He thought there was no evidence that could be taken to court for the value reduction.† He commented that there were water problems with the property and he was skeptical of the claim that there had been a reduction in value.† He added there was a letter in the file that specifically sites an ordinance that was in place subsequent to his purchase that stated that he would not have been able to do anything he wanted with the land.
VOTE: 4-1 (Sorenson dissenting).
Vorhes indicated that the board order number they will sign to reflect the Boardís action is the number from the previous meeting.
b. SIXTH READING AND DELIBERATION Ordinance PA 1190/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land to "Commercial", and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway).
Morrison indicated that Jerry Kendall, Land Management, had sent an e-mail requesting that they roll this matter to September 14, 2005.
MOTION: to approve a Seventh Reading and Deliberation for Ordinance PA 1190 for September 14, 2005.
Dwyer MOVED, Green SECONDED.
9. CONSENT CALENDAR
A. Approval of Minutes:
November 10, 2004, Regular Meeting, 9:00 a.m.
November 10, 2004, Regular Meeting, 9:30 a.m.
B. Children and Families
1) ORDER 05-7-13-2/In the Matter of Designating United Way's Success by 6 Leadership Team as the ďLocal CouncilĒ in Order for United Way to Apply for a Discretionary Grant Under the Early Learning Opportunities Act (ELOA) Program.
C. County Counsel
1) ORDER 05-7-13-3/In the Matter of Amending Chapter 60 of Lane Manual to Clarify Certain Land Management† Fees Relating to Legal Lot Verifications (LM 60.851).
D. Health and Human Services
1) ORDER 05-7-13-4/In the Matter of Approving the Submittal of a Grant to the Northwest Health Foundation in the Amount of $250,000 Over Three Years for the Community Health Centers of Lane County; and Delegating Authority to the County Administrator to Sign Grant Documents.
E. Public Works
1) ORDER 05-7-13-5/In the Matter of Accepting a Deed of Land To Be Used as a Public Road Easement For Willamette Street South (County Road No. 2249) (18-03-19).
F. Board of Commissioners
1) ORDER 05-7-13-6/In the Matter of Requesting LRAPA Engage in Goal Setting. (Was voted on July 12, 2005)
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Green SECONDED.
10. MANAGEMENT SERVICES
a. ORDER 05-7-13-7/In the Matter of Accepting Bids Tendered for Surplus County Owned Real Property at a Sheriff's Sale on June 20, 2005 and Authorizing the Board Chair to Execute the Quitclaim Deeds and Land Sale Contracts to Convey the Property to the Respective Buyers.
Jeff Turk, Management Services, recalled on June 20, pursuant to board order, the County held an auction of its surplus property.† He added that the statute requires the return of sale to be brought back to the Board and the Board has to take action to accept the bids and authorize the execution of the quitclaim deeds and land sale contracts.
Turk noted at the sale there were 26 properties offered and 17 sold.† He said the total value of the sales was $428,300.† He indicated that $203,000 was attributed to one parcel on Willow Creek Road.† He noted of the total amount sold originally, $261,825 would be carried on a land sale contract.†† He said the purchaser called him yesterday and wanted to pay it off and not carry it on a contract so the amount carried on the contract is $112,575.† He noted that all bids met 25% of the sale.†
Turk indicated an issue arose at the sale.† He said there was a parcel bid on an access easement for parcels 1 and 2.† He said the easement was part of a partition in 1972.† He noted there was no other use for the property.† He said the Countyís policy is to usually send them to adjoining owners.† He indicated that two people bid on it and the one that was the successful bidder was not an adjoining owner.† He contacted the successful bidder and he was not aware the parcel was the one adjoining the properties.† He told the bidder that the Board could reject the offer.† He proposed that his former spouse does own an adjoining property to those parcels and he would be willing to have the property transferred to her name or the County execute the deed directly to her name.† He noted they had done that in the past.† He recommended going forward with this with the deed being in his wifeís name.
He recommended all bids be accepted and the contracts executed.† He added the properties 11 and 12 to John and Marilyn Lynch would be a deed for cash for the Board to execute.
MOTION: to approve ORDER 05-7-13-7.
Dwyer MOVED, Green SECONDED.
b. ORDER 05-7-13-8/In the Matter of Approving Benefit and Compensation Changes for Non-Represented Employees.
Greta Utecht, Management Services, asked the Board to approve both the short-term compensation package for non-represented employees and a longer-term approval to direct HR staff to conduct a comprehensive market analysis. She noted they had reached a point over the past five years where their professional supervisory and management salaries are below market average.† She said it affects staff morale and the ability to recruit and retain a good caliber of employee.† She said the option staff is recommending would grant the two percent cost-of-living adjustment to all non-represented employees and would also condense the number of steps in the compensation grade from 12 to 10.† She added this was consistent with the other bargaining units.† She noted the second year of the package would have the County pick up the six percent PERS contribution that is currently being paid by employees.† She said it was consistent with contracts they had recently approved with AFSCME.
Utecht explained if the Board accepts the direction to undertake a market analysis, she would come back to the Board with an outline responding to questions about cost.† She didnít think there would be much expense as much of the work could be done in-house.† She said they would be reviewing compensation as it applies to market.
Dwyer wanted to make sure by passing this board order that it didnít mean going out to obtain the information.† He wanted to separate the issues.
MOTION: to approve ORDER 05-7-13-8.
Dwyer MOVED, Green SECONDED.
11. CORRESPONDENCE TO THE BOARD
Morrison discussed an e-mail about ďJust Say GoĒ, having to do about obesity.† She indicated within the next few months they would be encouraging Lane County citizens to record their aerobic exercise in miles toward the project goal of one million miles.
12. COMMISSIONERS' ANNOUNCEMENTS
Stewart reported he delivered the Board Order from yesterday to the LRAPA Board.† He added that Jim Johnson resigned from the position as interim director and Merlyn Hough was put into that position.† He reported that this weekend Bohemia Mining Days in Cottage Grove was taking place.
Morrison announced she would be going to the NACo conference and would be making a presentation on the Secure Rural Schools Act. ††
13. EXECUTIVE SESSION as per ORS 192.660
14. OTHER BUSINESS
There being no other business, Commissioner Morrison recessed the meeting at 10:20 a.m.