BOARD OF COMMISSIONERS'
March 14, 2007
Commissioners' Conference Room
Stewart presided with Commissioners Bill Dwyer,
Bill Fleenor and Peter Sorenson present. Bobby
Green, Sr. was excused. County
Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording
Secretary Melissa Zimmer were also present.
TO THE AGENDA
Stewart added 5 b) A thank
you from St. Vincent de Paul for Project Homeless Connect.
5 c) A resolution recognizing South Lane School District’s Krista
Parent and 5 d) A letter from East Lane Soil and Water Conservation District.
He indicated they added four items to the afternoon meeting:
to state the process to repeal the income tax and to refer the income tax
to the May ballot, a charter amendment to be referred to the May ballot and a
1.6 percent income tax package for the May ballot.
Kimberly Wylde, Junction City, was opposed to the field burning as
it makes her ill. She said the
backyard burning also bothers her because it goes on every day.
She said she can’t open her windows.
She didn’t think it was fair that she had to suffer for other
people’s agendas. She wanted to
see it stopped so she can have a healthier life.
Diana Robertson, Eugene, represented Shelter Animal Resource
Alliance, she asked about the five adoptable cats that were killed.
She sent a letter to Van Vactor on behalf of their organization.
Jim Hale, Eugene, is glad the board will discuss the 1.6 percent income tax
John Archer, Junction City, took a tour of the Humane Society of Central Oregon and
they would be happy to work with LCARA to change some of the programs to
increase the adoptability of animals in Lane County. He said their kill rate is 8 percent and Lane County’s is
Marilyn Rothbard, Eugene, commented that if the Board puts the tax on
the ballot they will have the highest income tax in the nation.
She said they have to have retirees’ income exempt.
She hoped the Board could see this as a fairness issue.
Jeff Wyman, Eugene, supported Rep. Holvey’s HB3000 to ban field burning.
He said he came from California and was shocked to see what happens with
field burning. He stated that he and his wife get headaches in the summer.
Holly Higgins, Harrisburg, stated that last week she submitted a
guest column in The Register Guard about banning field burning.
She said they heard from over 35 people.
Cork Higgins, Harrisburg, said he has lived here all of his life.
He was part of a group that submitted a guest column to The Register
Guard. He said the issue is the
smoke that comes into Eugene and there are alternatives.
He supported HB 3000 and asked the Board to do the same.
Frank Bocci, Eugene, supported Rep. Holvey’s HB 3000 bill. He said field burning has contributed to his health problems.
Will Rutherford, Leaburg, spoke on the income tax measure.
He asked to put the ballot measure to the voters.
Richard Herman, Metro Affordable Housing, stated that the
recommendation from the Roads Advisory Committee is to add road funds for West
Town and Prairie View affordable housing developments.
He asked the Board to support their recommendation that the funds be
added back. He indicated the West
Town on 8th Avenue was their most critical need.
Stan Upton, Creswell, asked where the income tax was going to stop.
He said they don’t think they have a level of safety currently when
they call the police. He said the
County needs to tell the state to take back some services.
John Tyler, Dexter, stated he doesn’t want to have another tax until they are
limiting the commissioners’ pay level. He
said the numbers speak for themselves. He commented that at every level the County’s pay is higher
than the private sector. He said he
would benefit if the ordinance passes because he is on a military pension.
John Van Landingham, Eugene,
stated he was present on behalf of the Housing Policy Board.
He asked the Board that as they consider the cuts they have to make that
three housing projects are far along with funding and building and it would be
hard to lose the road funds: Heather
Glen in Veneta, Prairie View in Bethel and West 8th in Downtown
Eugene. He was pleased to support an income tax to address the
County’s financial dilemma.
Chris Hegge, Eugene, asked why Lane County still has field burning when other states
don’t have it. She hoped the
Board supports HB3000.
Cathy Lesiak, Eugene, said she lives on the edge of the UGB.
She said the Board needs to preserve and maintain the farmland on the
edge of the UGB. She said she is
frustrated as the acreages are being taken away.
She noted the AGT zone allowed for a one acre farm dwelling on a small
property to interpret Measure 37 to mean the parcels could be divided into one
acre lots with one house for each lot. She
commented that it was a corruption of the original intent of the code.
Zachary Vishinoff, Eugene, suggested the Board ask the congressmen and
senators to come to town hall meetings to get people’s concerns.
Carole Grappo, Santa Clara, commented that the Board will get a
strong reaction to raise the Lane County tax to 1.6 percent and it will be seen
as retaliation. She said they have
to look at what is best for the community.
She stated that this is an unfair tax as it is written.
She believed DeFazio and other representatives need to make the federal
Fran Sondag Eugene, said she has allergies and asthma. She asked the Board to support HB3000.
Carla Hervert, Eugene, said she is a nurse and the field burning
affects healthy and sick people. She
said she sees firsthand what the burning does to people.
She stated she has developed bronchitis from the burning fields.
She hoped the Board could make a change.
St. Vincent de Paul, asked for the Board to support the road fund for affordable
Eugene, was in support of the afternoon item on the Bob Straub Parkway funding.
He represented Gordon Webb who is one of the owners who has agreed to dedicate the
right of way. He noted that Jasper Road has a safety issue.
He encouraged the Board to support
the staff recommendation as part of the infilling of the Metro Plan.
He said it will open up
housing and it is a needed project.
a letter from Marne Benedict. He
read her letter about the U. S. Olympic Track and Fields Events.
Fleenor said he
received over 100 letters in support of HB3000.
a. ORDER 07-3-14-1/In
the Matter of Urging a Field Burning Ban in Oregon.
that this had been sent to the Legislative Committee for recommendation.
they would put this on the agenda next week.
You from St. Vincent de Paul
Stewart read a
thank you letter from St. Vincent de Paul.
c. ORDER 07-3-14-12 Commending Krista Parent, National Superintendent of the Year.
MOTION: to approve ORDER 07-3-14-12.
Dwyer MOVED, Fleenor SECONDED.
d. Letter of
Correspondence from East Lane Soil
Stewart said at
agenda setting the Agenda Team recommended that the Board give direction to Van
Vactor to respond with a letter. He
said they are asking to be put on the agenda to make a presentation before the
Board. He said they received a bill
from Elections for $53,414.89, the
cost for the matter to be placed on
the ballot. He said they asked Lane
County to pay 50 percent of the cost.
recommended Van Vactor write a letter stating that the Board does not want to
establish a precedent for the
County to pay for election costs. Sorenson requested that they put it on the
Consent Calendar next week so it is a Board decision to authorize writing a
Dwyer stated that
any costs East Lane Soil accrued needs to be borne by them.
He said they need to have a letter on the Consent Calendar about this and
they don’t have the money. He
said it is the responsibility of the organizing entity.
a. ORDER 07-3-14-2/In
the Matter of Adopting the Five-Year Parks and Recreation SDC Capital
Improvement Plan (CIP) Priorities List for Fiscal Years 07/08 Through 11/12 and
Directing Appropriation of $200,000 in SDCs for FY 2007/08.
Todd Winter, Parks,
recalled that annually Parks prepares a five year draft CIP priority list by the
Parks Advisory Committee. He said
the Parks Advisory Committee recommended approval by the Board.
He indicated the number one priority this year is the Armitage
Campground. He noted that part of
the recommendation is to direct the appropriation of $200,000 in SDC’s for FY
2007/2008 to use the monies to offset grants for the construction of phase 1 of
the 36 site Armitage Campground.
Fleenor stated that
he did not want to spend any funds from the Parks system on the Wildish
Sorenson asked how
much they had from SDC’s.
Winter replied they
have $301,000 and they estimated by late 2008, they would have $380,000.
that he didn’t think any general funds should be used for the Wildish property
but he agreed to use the SDC money.
to approve ORDER 07-3-14-2.
b. ORAL WORK
SESSION/Jim Gillette’s Issue (NBA & PM 2/13/07).
Jeff Towery, Land
Management, gave a slide show presentation on Jim Gillette’s property.
He noted they were a series of compliance actions that were related to
illegal occupancy on the property in 1995, 1996 and 1998.
He said in 2003 there were paintball games on the property.
Assistant County Counsel, recalled in 1996 liens were imposed due to illegal
occupancy of mobile homes and multiple living arrangements.
He indicated that led to enforcement and a fine of $12,000, which was
imposed in July 1996. He said there
were no internal appeals within the County’s administrative appeal section, or
any appeal to Circuit Court. He
said the lien and fine sat and in 2003 there was a subsequent compliance issue
with paintball that led to another $6,720.
He said there was no appeal to the Circuit Court.
He noted in December 2003 they initiated proceedings in Circuit Court to
foreclose upon the liens. He said
the case was tried in fall 2004 and there was a judgment in the County’s favor
that was appealed by Gillette at the Court of Appeals in summer 2006. He noted the Court of Appeals affirmed the Trial Court
decision. He said they subsequently
started a process to execute on the judgment in order to collect the fines.
He said the amount was $12,000 plus interest, and $6,720 plus interest.
He indicated that combined to this point, the amount is about $32,000
with additional $500 awarded in court costs.
He said the total amount due as of today is $32,500.
He indicated that there were no further pending judicial proceedings to
deal with other than for the sale of the property.
Assistant County Counsel, said the third item involved continued occupancies
that staff learned about on the Gillette property and it was addressed when
Gillette was last to the Board. He
said Gillette had a person living on the property that became disenchanted with
him and talked to some of the neighbors who brought this to their attention.
Kardell indicated that there was an administrative hearing that took 12
hours in front of a hearings official. He
said that resulted in a decision of upholding the County’s fine to $1,000 per
day for 52 days. He added the lien
would allow an additional accrual of $1,000 per day for up to 60 days if no
compliance is achieved, the total lien is to be recorded after 60 days.
He noted after that, Gillette (through counsel) filed a Writ of Revenue,
for an administrative action that could be challenged at Circuit Court.
Kardell said the evidence that had been presented was re-examined by the
Court to determine if there is compliance with legal procedures and substantial
evidence to support the hearings official for a second time.
He said that was set for a briefing by the parties by Gillette and
Kardell would do the follow up.
in following meetings between staff, the commissioner of the district and
Gillette, it appeared there was some opportunity to get compliance achieved.
Kardell indicated that hearing schedule was postponed.
He noted there is now an order by the Court that on March 19 if Gillette
doesn’t file his brief in support of his Writ of Revenue by that date, the
Court intends to dismiss that case and the County would have a final judgment
that would be reviewable by the Court of Appeals.
He said the County has a $52,000 lien as of February 2, 2006 and up to
$60,000 to be added based on continued non-compliance.
He said there has been activity on the property moving toward compliance
but there have been matters that have not been completed.
With regard to the
current conditions, Towery reported there is a dwelling in the farm zone with no
permits. He said there is a
temporary hardship mobile home that was removed for Gillette’s son to live in.
He said there was an addition to the mobile home that was not permitted
and the permit application was submitted yesterday and they expect a quick
turnaround time to issue that permit. He
said there is a farm help mobile home that received land use approval and the
placement permit was issued and three of the eight inspections have been
conducted on Gillette’s primary residence and there as an unpermitted addition.
He added as with the temporary hardship mobile home, there was an
application submitted yesterday for the unpermitted addition.
He indicated Gillette had a number of options to pursue.
He said for a period of time he was treating this structure as a
residential accessory. He asked
recently if it could be converted into an agricultural structure. He indicated
that Land Management has declined to approve an agricultural placement on the
property. He indicated there are issues to be addressed:
final payment for fees on the dwelling in the EFU zone and final payment
of permit fees as with all structural permits.
He indicated that there had been a deposit made along with the
application. He noted that once
they approve the plans, there will be fees due.
Fleenor asked what
the basis was for the $1,000 per day fine.
that there were 12 factors they used to calculate fines..
He said there were high daily fines because there was a history of
violations and compliance actions on the particular property.
He said it was part of the hearings official’s decision.
Stewart said he has
tried to help Gillette with the process. He
said it is his intent to have all of Gillette’s compliance issues taken care
of. He hasn’t been successful in
getting Gillette into complete compliance.
2) Jim Gillette
Jim Gillette, said
he will prove legal counsel and the compliance department have treated him
unfair. He said if he can’t prove
it, then he would gladly pay the fine. He
said if they can prove any of the violations existed when the fine started, he
said he would pay the fine. He said
his first fine was for RV’s. and they were all gone on the date in question.
He said the County let him have homeless people living there and they
knew about it. He indicated he had
15 families living there for years. He
noted the County was in favor until in 1996 when he applied for a park and that
was when the neighbors complained. He
said the neighbors left the property and no one came up for 20 days.
He said they stopped the fine then and he appealed it.
He said in order to appeal, he had to pay the $12,000 up front for an
appeal fee. He couldn’t appeal the fee because he couldn’t’ afford it.
He indicated the County forgot about it for years and nothing came up
until he started talking about a park. He
indicated for paintball, he leased the land to someone else.
He thought the tournaments were legal. He indicated when the County sent
him a compliance letter on paintball, he stopped it right away.
He said he was fined for tournaments that never took place.
He said the fine was $6,720 and he didn’t have the money to pay the
appeal. He said he is going
to be using the agricultural building for animal husbandry and it meets all the
requirements for an agricultural building..
Eugene, said he is a neighbor of
Gillette’s and has lived on his property since 1965.
He said they have been struggling for years with the County to
prevail upon Gillette to comply with the County ordinances and the rules, regulations
and the zoning requirements. He
said Gillette doesn’t think those rules and regulations apply to him.
He said Gillette was assessed a civil penalty of $12,000 on October 11,
1996 and it is still uncollected. He
said on September 12, 2003, Gillette was assessed another civil penalty of
$6,720 and that is still unpaid and uncollected.
He said the County on December 4, 2003 filed a complaint for a lien
foreclosure and mentioned the earlier penalties and sought to reduce those to a
judgment. He said Gillette filed a
response on January 13, 2005 and a general judgment was issued and Lane County
prevailed in that matter. He said
Gillette will never finish arguing about this.
He thought the Board should collect the judgment.
He noted the sale was set for March 15 and is now put over to March 22.
He hoped the Board would move forward with the foreclosure sale, unless Gillette
was willing to pay.
said he is a neighbor of Jim Gillette and has always gotten along with him.
He said there should be aggressive action toward Gillette.
He believed the reason County Counsel took an aggressive approach toward
Jim Gillette is because the Board directed County Counsel to do that after a
number of the neighbors appeared before the Board three years ago and explained
Gillette’s long history of non-compliance with the rules and regulations and
the troubles he caused the neighborhood. He
said there was a unanimous direction given to County Counsel to relieve the
neighbors of the problems. He said
they are visiting some of the same issues they talked to the Board about.
He said Gillette says things Lesly disagrees with about the condition of
his property and compliance with the directions given by County Counsel.
He said twice in recent years he had accompanied site planners to
Gillette’s property as part of Gillette’s park permit application.
He noted on those visits he had observed that Gillette had not taken out
the trailers. He noted on July 11,
2003, the recently burned out mobile home that was not permitted. He also saw a camper trailer adjacent to the paintball area.
He saw recent bottles of household cleaner and magazines.
He said there was occupancy long after 1996.
He recalled on July 11, 2003 there
were thousands of used paintballs. He
disagreed with Gillette’s facts.
said he has paintball fliers from the Paint Ball Palace downtown showing
paintball tournaments for 300 people plus guests, barbeques, and concessions
stands. He added it was in July
when everything was dry. He also
has a handbill from an ATV Dealer in Eugene which pays Gillette $30 per person
on his training course in order to qualify for an ATV.
He indicated it has been 11 years since his violation and he had been
given all the benefits of due process and Gillette had been allowed to pursue
every appeal under the law. He said
Gillette states he is poor and makes everyone feel sorry, but he owns 500 acres
of prime rural land within one mile of the city limits.
He said it is worth $3 million to $4 million dollars.
He said Gillette stated that he owns other land in the Eugene area.
Warren said it was hard to understand why Gillette couldn’t raise the
money by selling land. He commented that Jim Gillette is a scofflaw of the first
order and he doesn’t think the law applies to him and he does everything he
can to get out from complying with the law.
He said as neighbors, they think it is time the Board says enough is
Eugene, said he has lived on his property all his life.
He said they have tried to deal with Gillette since 1981.
He said they had meetings in the neighborhood to deal with the roads. He
said the neighbors have put money on the road.
He said Gillette did not give any money toward it. He said the dust was
so bad it looked like the field was on fire.
He said when they found out the Board was giving him a reprieve it
enraged the neighbors. He said Gillette had never done anything to the
Gillette said he
had parks status approved through the state.
He said the state gave him a
$50,000 grant for his property as a park..
He said when the neighbors found out about it they called the state and
stopped the grant because they didn’t want a park there.
He said he never had an appeal or hearing where there were RV’s or
paintballs on his property. He didn’t think the fines against him were justified and
that was why he fought them. He
said if he has to pay the fines he will.
Dwyer asked if
someone is fined if they have to pay the fine up front before they can appeal.
Williams stated the
County code provides the first step in an attempt to get into voluntary
compliance. He said if there is not
voluntary compliance within a certain time, the County goes through a process.
He said if a fine is levied, they must post as an appeal fee of the
accrued fine at the time they file an appeal.
Dwyer wanted to
have a discussion on not having to post the fine to appeal.
that there is an affidavit of indigency that people could file.
He said Gillette did file that with the last of the liens that he
couldn’t pay. He
indicated that they let Gillette’s attorney know about this and he could pay
the smallest amount possible. He
said they tried working with him. He
said there were two hearing dates and Gillette said that he hadn’t understood
that the property is not yet in compliance and the penalty that was granted by
the hearings official is not based on the days it takes to proceed, it was based
on the number of days the property is in violation.
for the first two cases, the Writ of Execution Sale is scheduled for next week.
With regard to the
Circuit Court decision, Kardell said they have an order requiring them to file
their brief or to show cause why it should be dismissed by March 19.
Wilson indicated if
the Board does nothing, the sale will take place and the appeal will proceed in
the course of process.
Sorenson wanted the
Board to consider when they adjudicate property tax issues, they don’t have a
hearings official, and they have a panel appointed from the community.
He asked if they could have a faster system as opposed to the hearings
Wilson noted that
Gillette could halt the Writ of Execution Sale by making payment before next
week, even if the property is sold at the execution. She added there is a period of time after the sale for
Stewart said he
spent a year and half and had seen all the documents and read the minutes.
He said they need to move the court process forward.
With regard to compliance, he
wants to see Gillette get into compliance.
He hoped that Gillette would have gotten into compliance before they got
to the Sheriff Sale. He
commented that sometime they have to draw the line.
He said they need to set boundaries.
He stated by the Board taking no action, the Sheriff’s Sale proceeds
Dwyer said he would
take $20,000 and a greater move toward compliance and he would stop the sale.
think it was good precedent for the Board to settle cases when there is an
ongoing failure to comply. He said
he would be interested to hear about a settlement after they hear from Land
Management that all current matters are in compliance.
Wilson said the
Board would have an additional meeting that would occur before the actual sale,
should full compliance and achievement be received. She said if full compliance has been achieved and a
settlement offer is received, the Board would have the ability to stop the sale.
She said they could have the sale.
She added with the execution sale, there is an exemption period that
Gillette would have the ability to exercise.
the sale would go ahead.
A. Approval of
May 30, 2006, Work
Session, 10:00 a.m.
June 14, 2006,
Regular Meeting, 1:30 p.m.
October 18, 2006,
Regular Meeting, 9:00 a.m.
January 24, 2007,
Regular Meeting, 9:00 a.m.
February 21, 2007,
Work Session, 8:00 p.m.
DISCUSSION/Approving a Letter of Support for Community Development Block Grant
Submissions by Junction City and Cottage Grove.
C. Health and Human
1) ORDER 07-3-14-3/In
the Matter of Appointing Designees of the Community Mental Health Director to
Direct a Peace Officer to Take a Mentally Ill Individual Into Custody According
to ORS 426.233.
1) ORDER 07-3-14-4/In
the Matter of Authorizing the Sale of Surplus County Owned Real Property for
$100 to the City of Springfield (Map No. 17-02-34-12-00443, Adjacent to 1075 65th
2) ORDER 07-3-14-5/In
the Matter of Acquisition of Property for Initial Use by Health & Human
Services at 151 West 7th Avenue, Eugene.
3) ORDER 07-3-14-6/In
the Matter of Authorizing the Reimbursement of Expenditures with Reimbursement
E. Public Works
1) ORDER 07-3-14-7/In
the Matter of Awarding a Contract to Wildish Building Materials Co., dba Wildish
Sand & Gravel Co., in the Amount of $222,540.10 for Pre-coated Oil Rock
Production, Various Stockpile Sites, Contract No. 06/07-05.
2) ORDER 07-3-14-8/In
the Matter of Awarding a Contract to Eugene Sand & Gravel, Inc., in the
Amount of $158,241.00 for Uncoated Oil Rock & Sanding Rock Production,
Various Stockpile Sites, Contract No. 06/07-06.
3) ORDER 07-3-14-9/In
the Matter of Relinquishment of County-Owned Road Fund Property to the City of
Eugene Under ORS 271.330 in Connection With the Airport Road Realignment
4) ORDER 07-3-14-10/In
the Matter of Authorizing the Temporary Closure of a Portion of South 6th
Street in Association with the ODOT I-5/South 6th Street Bridge
to approve the balance of the Consent Calendar with item 8. B. 1) pulled.
3-0 (Fleenor out of room).
Mike McKenzie Bahr,
Economic Development, explained that over the past two days there were changes
in the applications. He indicated
that the Junction City application will not be moving forward in the first
round. He added with the Cottage
Grove application, there was an issue with them making the submittal. He
indicated that the City of Veneta will make the submittal. He noted the letter will be prepared to show the City of
Veneta instead of the City of Cottage Grove for the exact same application.
to approve the letter showing City of Veneta.
Dwyer MOVED, Green
TO THE BOARD
SESSION as per ORS 192.660
There being no further business, Commissioner Stewart recessed the meeting
at 12:00 p.m.