BOARD OF COMMISSIONERS'

REGULAR MEETING

September 13, 2006

1:30 p.m.

Commissioners’ Conference Room

APPROVED 10/25/06

 

Lane County Board of County Commissioners Chairperson Bill Dwyer presided, with Commissioners Bobby Green, Sr., and Peter Sorenson present.  Commissioners Anna Morrison and Faye Stewart were absent and excused.  Lane County Administrator William Van Vactor, County Counsel Stephen Vorhes and Recording Secretary C. Daniel Lindstrom were also present.

 

Chairperson Dwyer stated that the Board would hold Public Hearings as scheduled, but that no decision would be made regarding legalization of a portion of Hulbert Lake Road, on the request of the absent Commissioners.  He explained that decisions regarding Ballot Measure 37 claims would be based on a determination of their validity and that consideration would only be given to modifying or not applying regulations, not providing compensation.  He said waiving regulations would not affect any health or safety requirements and that no decisions were being made regarding ultimate development of properties in question.

 

17. PUBLIC HEARINGS

 

a. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1237/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agricultural" to "Marginal Land" and Rezoning That Land From "E-40/Exclusive Farm Use" to "ML/SR Marginal Land with Site Review", and Adopting Savings and Severability Clauses (file PA 05-5985, Ogle) (NBA & PM 8/30/06).

 

Chairperson Dwyer read proposed Ordinance No. PA 1237 by title and reviewed Oregon Administrative Rules (OAR) requirements and conditions for public hearings.  He determined that no Commissioner had had a conflict of interest or held ex parte communication regarding it.  He opened the Public Hearing.

 

Land Management Analyst Jerry Kendall reviewed background material and described the application to rezone the 113 acres in question.  He stated that the Planning Commission had voted 5-3 to recommend that the application be denied.  He said staff recommended approval of the application.

 

Michael Farthing, 767 Willamette Street, Suite 203, Eugene, stated that he represented the applicant and property owner, Brad Ogle, who was present.  He said that forester Marc Setchko and soil scientist Steven Caruana were also present and prepared to offer testimony regarding evidence, if requested.  He distributed copies of a letter that described his intention to provide only an overview of the application and key issues raised in the hearing before the Planning Commission.

 

Mr. Farthing reviewed how the proposed re-designation of the property in question from “Agricultural” to “Marginal Land” and its rezoning met criteria of local and Oregon land use laws.  He reviewed objections raised in the hearing before the Planning Commission and stated that he had enough confidence in the correctness of the application to appeal its denial to the Oregon Land Use Board of Appeals.

 

Commissioner Sorenson asked what percentage of a parcel of property was required to be non-productive for the entire parcel to be ruled non-productive.  Mr. Farthing replied that the calculation was based on an Income Test that calculated the average for the entire property.

 

Chairperson Dwyer determined no other person wished to testify in favor of the application.

 

Jim Just, 39625 Almen Drive, Lebanon, Oregon, stated that he represented Goal One, a nonprofit organization established to provide assistance to Oregonians in matters affecting their communities.

 

Mr. Just contended that soil descriptions provided by the applicant were inaccurate, citing the healthy growth of trees in other locations with soil of the same composition.  He said the 50-year growth cycle used in the application to determine if the property met the Income Test should be replaced with a 90-year cycle and that timber prices used should be changed from those of 1983 to those of 1978.  He distributed copies of a packet of material containing various additional contentions and support material.

 

Commissioner Green stated that the packet of material was a new submission and that the applicant should be given an opportunity to review and comment on its content.

 

Mr. Farthing requested that the record of the hearing be left open at its conclusion and that he be allowed to submit responses to the newly submitted material.

 

Marc Setchko, 870 Fox Glenn, Eugene, stated that he was a consulting forester for the applicant with over 20 years of experience.  He explained that the use of a 50-year growth cycle in determining timber income production capacity of property was an industry standard.  He made other comments related to contentions of the material submitted by Mr. Just regarding Ponderosa Pine – old growth prices versus second growth prices, and the relatively lower economic value of the Willamette Valley subspecies.

 

Chairperson Dwyer determined there were no further requests to present testimony and closed the public hearing.  He recommended that, on the request of Mr. Farthing, the record of the hearing be kept open until September 27, rebuttal testimony be required by October 11, and a final decision by the Board scheduled for the October 18, 2006, meeting.

 

MOTION:  to accept the recommendation.

 

Green MOVED, Sorenson SECONDED.

 

VOTE:  3:0.

 

b. PUBLIC HEARING AND FINAL ORDER 06-9-13-17/In the Matter of Legalizing a Portion of Hulbert Lake Road (County Road No. 160), Being Located Within Sections 11, 13, and 14, Township 15 South, Range 5 West of the Willamette Meridian and Adopting Findings of Fact  (15-05-11, 13 And 14).

 

Chairperson Dwyer read Order 06-9-13-17 by title.  He noted that additional written material regarding it had been received from former Public Works workers Ron Farr and Allan May.  

 

Lane County Surveyor Bill Robinson reviewed background and other information related to Board action on the matter.  He said relevant issues had been litigated, that the Board had authority to determine that legalization of the road was in the public interest, and referred to the recommended alternative action to approve the Final Order.  He said a Power Point presentation regarding the Order was available.

 

Chairperson Dwyer suggested that the Board continue the matter to allow absent Commissioners to study the record, including the Power Point presentation, and participate in the decision regarding it.

 

Commissioner Sorenson asked if there was an urgency to finalize a decision regarding the matter.  Mr. Robinson replied that a quick resolution to the matter was not a prime consideration, but that there were certain repair issues on the road that could not be legally addressed by Lane County Public Works until a final decision about its status was made.

 

Chairperson Dwyer determined there was consensus to hold the public hearing and postpone final action until all Commissioners could be present.  He opened the public hearing.

 

George Heiling, Post Office Box 546, Corvallis, requested that the record of the hearing remain open to allow for comment on recently submitted material.

 

Chairperson Dwyer stated that the request would be honored.

 

Mike Bassett, 23877 Warthew, Elmira, stated that he was a retired Lane County road maintenance worker.  He stated that he was aware that crews for which he was responsible were assigned to repair sections of Hulbert Lake Road in question a number of times during his years of service in the Veneta area, going back as long ago as the mid-1970s.

 

MOTION:  Continue the public Hearing and deliberation on Final Order 06-9-13-17 to October 18, 2006, and to leave its record open for additional submissions.

 

Green MOVED, Sorenson SECONDED.

 

VOTE:  3:0.

 

c. PUBLIC HEARING AND ORDER 06-9-13-18/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 (PA 06-5062, Hanner)

 

Chairperson Dwyer read Order 06-9-13-18 by title.  He determined that none of the Commissioners present had a conflict of interest or had had ex parte contact regarding the claim.

 

Planning Director Kent Howe reviewed background regarding the claim.  He said staff had studied the submissions related to it, determined their validity, and recommended that the Board waive the restrictive land use regulations identified.

 

Chairperson Dwyer opened the public hearing.

 

Steve Cornacchia, 180 East 11th Avenue, Eugene, stated that he represented the claimants.  He said he accepted the report and recommendation of staff and wished to make no further submissions.

 

Chairperson Dwyer determined that no other person present wished to testify and closed the public hearing.

 

MOTION:  to approve the Measure 37 Claim and adopt Order 06-9-13-18.

 

Green MOVED, Sorenson SECONDED.

 

VOTE:  3:0.

 

d.  PUBLIC HEARING AND ORDER 06-9-13-19/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 (PA 06-5396, Johnson).

 

Chairperson Dwyer read Order 06-9-13-19 by title.  He determined that none of the Commissioners present had a conflict of interest or had had ex parte contact regarding the claim.

 

Planning Director Kent Howe reviewed background regarding the claim.  He said staff had studied the submissions related to it, determined their validity, and recommended that the Board waive the restrictive land use regulations identified.

 

Chairperson Dwyer opened the public hearing.

 

Steve Cornacchia, 180 East 11th Avenue, Eugene, stated that he represented the claimants.  He said he accepted the report and recommendation of staff and wished to make no further submissions.

 

Chairperson Dwyer determined that no other person present wished to testify and closed the public hearing.

 

MOTION:  to approve the Measure 37 Claim and adopt Order 06-9-13-19.

 

Green MOVED, Sorenson SECONDED.

 

VOTE:  3:0.

 

e.  PUBLIC HEARING AND ORDER 06-9-13-20/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 (PA 06-5583, Merrell).

 

Chairperson Dwyer read Order 06-9-13-19 by title.  He determined that none of the Commissioners present had a conflict of interest or had had ex parte contact regarding the claim.

 

Planning Director Kent Howe distributed a revised version of the Order, correcting misspelled names of the applicant.  He reviewed background regarding the claim.  He said staff had studied the submissions related to it, determined their validity, and recommended that the Board waive the restrictive land use regulations identified.

 

Chairperson Dwyer opened the public hearing.

 

Larry Reed, 4257 Village Plaza Loop, Eugene, stated that he represented the claimants.  He said he accepted the report and recommendation of staff and wished to make no further submissions.

 

An unidentified member of the public questioned the proposed subdivision plan for the property in question.  Chairperson Dwyer replied that such issues were not part of the matters being decided and that ample opportunity for them to be contended at a later time would be provided.

 

Chairperson Dwyer determined that no other person present wished to testify and closed the public hearing.

 

MOTION:  to approve the Measure 37 Claim and adopt Order 06-9-13-20.

 

Green MOVED, Sorenson SECONDED.

 

VOTE:  3:0.

 

18. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

19. CORRESPONDENCE TO THE BOARD

 

None.

 

20. OTHER BUSINESS

 

There being no other business, the meeting adjourned at 2:40 p.m.

 

 

 

C. Daniel Lindstrom

Recording Secretary