BOARD OF COMMISSIONERS'
Commissioners' Conference Room
Stewart presided with Commissioner 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.
ADJUSTMENTS TO THE AGENDA
Fleenor requested that item 3 E 1 be removed from the
Ron Land, Eugene, asked the Board of Commissioners to
uphold ORDER 94-1-26-3 and ORDER 94-9-27-19 and direct the Public
Works Department to require an approved facilities permit prior to any road
construction on E. 43rd. He
noted that E 43rd is a single lane gravel dead-end roadway,
classified as a local access road. He
indicated that all of the current homes along E. 43rd were built
prior to the zoning change. He said
they have had numerous problems over the past few years with people trying to
construct roadways without a facility permit. He recalled in 1991 an adjacent
landowner opened a previously unopened roadway. He said they took the timber and
put the road outside the easements and did the work without a facility permit.
He indicated there was a stop work order in September 1991 and continuous
memorandums from County officials. He
said they opposed any waiver of road standards on E. 43.
He reported in 1992 by certified mail, the Public Works Director notified
all the landowners that a facilities permit was required prior to any roadwork
on E. 43rd. He noted the
two board orders they are referencing accepted the roadway as a public road and
mandated that the public road should include a facility permit.
He added the second order was an appeal by the person who had the stop
work order and that board order reaffirmed the need for a facility permit and
the standards of design for the roadway on E. 43rd.
He reported that there are two pending applications for the template
dwellings. He asked the Board to
review the materials they provided and to reaffirm and uphold the prior board
orders and ask the Public Works Department to require a facility permit on E. 43rd.
Eugene, spoke about E. 43rd Avenue..
She indicated the road is the only way in and out.
She recalled a few years ago they completed extensive repairs costing
thousands of dollars. She indicated the side of the road was severely eroded due
to stormwater runoff from newly built houses on Spring Boulevard.
She indicated the rules have changed and now no facility permit will be
required before road construction. She
said orders approved by a previous Board were ignored by Public Works.
She said Public Works will allow road construction on E. 43rd
Avenue without the benefit of engineering design and a permit. She recalled the condition of the road that prompted the
decision over ten years ago has not changed.
She asked the Board to do the right thing to direct staff at Public Works
to enforce ORDER 94-1-23-3 and ORDER 94-9-27-19 requiring an
approved facility permit and the property owners on E. 43rd Avenue be
notified when the permit has been approved.
Don Eliason, Eugene, stated he has lived on E 43rd
Avenue for 30 years. He said that over
the last 30 years, they have been responsible for maintaining the road as their
only access in and out. He said
they have had a prior experience with development in the area that used to be
access to their homes. He said it
took efforts by a prior Board of Commissioners to develop the permits for this
with the standards to get their neighborhood back to normal.
He hoped they could get this re-established and they would have some
County supervision with what happens to their access road.
He said it will require engineering in order to make it work for them
without significant problems. He
had concerns in that what is presently proposed for development, whether or not
slash burning will be permitted.
Dwyer asked why the rules were not being complied
Wilson said it appeared that the Board made a
decision in 2000 with facility permits that differs from early decisions by the
Board. She added the subsequent decision would overrule the prior decisions.
She said if the Board made a change on how they were handling facility
permits, the more recent decision would apply.
She didnít get to review the documentation.
Fleenor thought they should have another work session
on this matter.
Dwyer said this is not related to the broader
discussions of local access roads. He
said people create local access roads because they wonít build a County road
and in order for them to develop their property, they need access.
He said they agree they will build the road and they set the standards.
He said they agree to maintain them.
Then they come back after the road is built to have the County take the
Stewart asked to have Public Works report on these
board orders and this road.
Eugene, said she has lived on E. 43rd Avenue for 29 years. She said they have maintained the road all that time.
She said they are concerned because they have had the experience of a
developer dumping and leaving them with a $6,000 fix.
She indicated that they had no recourse other than the courts.
She stated that they are trying to avoid that in future. She noted it is the only way in and out of their properties.
She added that they are in a high fire area..
She stated they need the road open. She doesnít want people coming up,
messing with the road and then leaving.. She
wanted the County to be included.
Cindy Land, Eugene, said they are not looking for a
change to the road, but they are requesting that if there is a change made, that
it be done with a facility permit. She
said that E. 43rd has provided adequate access for the four homes on
the road for the past 40 years. She
commented that it is inadequate for potential development and it would be unsafe
with more homes on the road. She
noted there are 20 lots on the road and it is backed up to some of the most
expensive real estate in Lane County. She
said in 1994 a facility permit was recommended by the management office of the
Public Works Department, the Director, the Surveyor, the Planning Director, the
Hearings Official and all five Board of Commissioners. She said they spent
thousands of dollars to make sure the local access road was protected.
She asked for the long term safety and well being of the neighborhood to
continue with the facility permit process for E. 43rd.
She added the transportation plan in 2004 that changed the local access
information references that the legal liability of the County is tied back in
with the safety and request of interested parties.
She said these interested parties are coming to the Board to say the road
would be unsafe if it is not monitored by a facility permit process.
Dave Van Sickle,
Eugene, commented on the discussion of the August 29 post boundary commission
procedures. He said the legislation
eliminated the Boundary Commission and they changed the rules for island
annexations. He said County
residents inside and outside the urban growth boundary pay taxes.
He asked the Board not to pass the buck by an IGA with the city of
Eugene. He noted that the
Metro Plan is an agreement, not a law and they have to represent the
constituents. He asked the Board
not to sign an IGA with Paula Taylor and the Boundary Commission.
John Dodson, said currently LCOG, the city of Eugene and
the Boundary Commission are in a railroad situation where annexation is
expressed. He said January 2, 2008,
will be the first day when all annexations will be under ORS 220 and 221.
He said he couldnít find a tie to the urban growth boundaries, Metro
Plan or IGAís that make the bending of the annexation rules any different than
any other counties. He said it made
the IGA null and void. He commented
that at that time, someone applying for a building permit should have the same
speed of action where they are in the city or in the County regardless of
Eugene, said he saw the Boundary Commission abridge the very thing the County
thought they had, control of the streets. He
added that he saw them use the Metro Plan as a reason and rationale for annexing
properties and streets inside the urban growth boundary of Santa Clara and River
Eugene, stated that he is trying to get a paintball facility.
He gave the Board information. He
recalled that Fleenor was concerned about chemicals possibly being toxic to the
environment. Williams said it is
just a food coloring add to paint balls. He
said it is not toxic. He said the Emerald Valley Paintball Club, a non-profit
club was organized to bring other paintball players to play on either public
land or private land or wherever they have permission to play.
He hadnít received anything back on organizing a club.
He said he was under the assumption that there was nothing illegal. He added if it was illegal, he wanted to be contacted.
Stewart wanted Williams to discuss this with Kent
Howe, Land Management.
Eugene, said he lets people
recreate on his property. He wanted
to make sure that he would not be in violation by letting people recreate on the
land. He also wanted some control.
He wanted a club formed. He
distributed a letter to the Board. (Copy
Springfield, stated her concern was about LCOG.
She said the projected population forecast is a land use decision and it
requires public participation. She
indicated the hearing that LCOG has scheduled on this is for September 23, a
Saturday, in Oakridge. She
commented that Eugene and Springfield need different population figures given
the passage of HB3337. She said
LCOG has not divided the numbers. She
said one of the reasons they gave for not dividing the population projects
between Eugene and Springfield is political sensitivity.
She thought this was something that needed to be done.
She commented that Eugene is a paying client to LCOG.
She thought having the Board take on the role is better than having LCOG
doing it. She asked the Board to do
it and not delay it.
Eugene, recalled on Monday afternoon he delivered to the Board office a letter
and two draft resolutions of what Sorenson requested.
He wanted confirmation they were received.
Veneta, spoke on the LCOG Population projection forecast. She indicated LCOG in
their proposed forecast, has elected to use Venetaís five year most recent
growth rate. She noted there were issues in Veneta that precluded development
from taking place. She said when
the moratorium was lifted, growth in Veneta exploded and they became one of the
top three fastest growing towns in the state.
She thought that for LCOG to use the last five years as a protection for
the next 23 years is nuts. She said
the numbers were crazy. She
indicated that there are three sets of forecasts they could have chosen from for
2030, one that has a forecast for 5,600 people total population for Veneta,
another for 6,125, using the 15 year historic rate or 9,960, using the five year
rate. She distributed a copy of an email sent by the Veneta City Manager to LCOG
stating a more realistic number for Veneta would be between a five year and 15
year growth rate. (Copy in file).
A. Approval of Minutes:
September 20, 2006,
Regular Meeting, 1:30 p.m.
November 29, 2006,
Regular Meeting, following HACSA
July 28, 2007,
Listening Tour, 10:00 a.m.
B. County Administration
1) ORDER 07-9-12-1/In the Matter of Closing the Animal Regulation
Capital Improvement Fund and Transferring the Remaining Balance into the Animal
Regulation Authority Fund.
2) ORDER 07-9-12-2/In the Matter of Appointing One Member to the
Lane County Budget Committee.
3) ORDER 07-9-12-3/In the Matter of Ordering the Acceptance of
the Recommendations of the Benton, Lane, Lincoln, Linn Regional Investment Board
Regarding Funding Projects for the FY 2005-2007 Biennium.
C. Assessment and Taxation
1) ORDER 07-9-12-4/In the Matter of A Refund to Fourteen Pines
Oregon Ltd. in the Amount of $132,949.73.
D. Public Works
1) ORDER 07-9-12-5/In the Matter of Entering Into a Revenue
Agreement With the City of Springfield for Right of Way and Surveying Services
in an Amount Not to Exceed $200,000.
2) ORDER 07-9-12-6/In the Matter of Amending Order No. 07-7-11-11,
Establishing a Timeline For Delivery of Signed Dedications For Bob Straub
Parkway, Phase II.
E. Board of Commissioners
1) ORDER 07-9-12-7/In the Matter of Recognizing Ray and Kathy
Robinson for Constructing and Operating the "Meadows and Lake Kathleen
Railroad" in Deadwood, Oregon and Commemorating the Driving of the Golden
Spike on October 13, 2007. (PULLED)
MOTION: approve the balance of the Consent Calendar.
Dwyer MOVED, Fleenor SECONDED.
announced that tomorrow a group of 50 Oregon elected officials will be
submitting a letter to Oregonís congressional delegation asking them to cut
off the funding for the Iraq war. He
didnít know if it was first in the United States.
He said they are pointing out the excessive cost of the war has a
significant reduction in the ability of the federal government to help elected
officials with their responsibility. He
said it came as a result of a letter that seven county commissioners made last
said remonstrance constitutionally protects legislators from any kind of suit
and to be able to speak to whatever issue they want to speak to.
He thinks it is important to keep this on the agenda.
He said it may or may not be related to anything they talk about.
a. REPORT/CVALCO Semi-Annual Report.
Kari Westlund, discussed and distributed the Semi Annual Report.
(Copy in file).
Fleenor wanted a visioning statement of what CVALCO would like to see in
the future so they have goals they could achieve.
Westlund indicated CVALCO has projects on their strategic planning
horizon. She noted that
one is the Lane County Travel Plaza and putting a first class interface
along the I-5 corridor to draw people off the freeway and into the county.
Fleenor said he wanted to participate with the Fairgrounds.
He indicated that they are looking at pilot projects to extend the LTD to
Florence. He asked how that would
be a positive impact to the businesses in Florence.
Westlund said with LTD, it is hard to build market demand for something
that doesnít exist, and it is a challenge.
She said they get questions about transportation to the coast.
She indicated that they would do their part to start to build the demand
over time. She didnít think it
will pencil out in terms of visitor usage of the LTD system.
She thought it would be a great addition to the product they have in
place. With regard to the Three
Rivers Casino, she indicated that they have already generated a significant
impact with their draw of visitors to the Coast.
She commented that it is hard to market to Florence as a meeting
destination because of the lack of proximity of hotel rooms to the Florence
b. DISCUSSION/Proposed Fairgrounds Work Sessions.
Stewart said they had discussions in Agenda Setting about what they
might do in the future for looking at the potential fairgrounds relocation and
the Golden Gardens property. He
said the direction was to have a work session on November 6, from 9:00 a.m. to
12:00 p.m. He added they would have
presentations from Rod Markin from Markin Consulting, the comments on the 2007
Fair and results from the fair exhibitors and vendors and observations on the
Golden Gardens site. He indicated
that after they have the work session, they will schedule listening sessions in
each district between December and February.
He said they will also have a separate listening session at the
fairgrounds for the neighbors and another one for the Golden Garden neighbors.
He said they will have a report back on the results of the listening
session and whether to go onto the next phase.
Dwyer said he contacted Ray Babb, the person who made the offer with
Golden Gardens. Dwyer
said Babb would pay for the architect. He wanted the architect to be part
of the first phase process.
Van Vactor said they need to be careful because they havenít executed
any option agreements. He said this
was a free offer and no strings attached.
Stewart explained the Work Session 2 would be answering policy issues,
discussion and direction. He said
depending on the outcome, the next steps would be to include public information.
Sorenson wanted a standardized presentation for the regional meetings so
the entire population of Lane County is invited to all five meetings.
Stewart wanted all public input before they make any decisions.
He said they would remove the no-go out of phase one and leave the
decision for phase three. He added that they would reduce the listening tours to five
and they will determine if they need additional listening tours.
He added that the partners should be invited and encouraged to
Van Vactor said he will ask Amber Fossen, Public Information to review
and describe to the citizens about the meetings and she could lay out plans.
He said they will need to report back on the Listening Tours.
c. REPORT/Population Projections.
George Kloppel, LCOG, recalled at the end of last year, they had formal
requests from four cities asking that the population forecast that had been
finalized and adopted two years before, be revisited based upon more current
information. He took the requests
to the LCOG Board. He indicated
that they agreed to direct staff to go forward to work the numbers but to work
with the Regional Managers Group as the reference body for doing the work.
He said they developed initial numbers on the recent or long term
experience of the communities. He
stated that they suggested to the cities that there were four options they could
use in negotiating with one another to identify their particular vision for the
future development of their communities. He
noted one was to leave the population forecast that had been previously adopted
in place; to adjust it based upon a 15 year trend line that had been added since
the adoption; to use more short term five year trend line and to offer
additional information if none of those options were acceptable or consistent
with the cityís vision; to add additional information and to present it to the
Regional Managers Group for consideration.
He noted that different approaches were taken by different jurisdictions
based upon the civic vision of those individual cities for what they want the
future to be.
Kloppel noted that the Regional Management Group, after reviewing the
data concluded that it was acceptable and should be moved to the next level.
He recalled for the past 30 years the delegated responsibility from the
County to LCOG is to set the
information for the population forecast. He
noted that it has been in place but they recognize the final adoption of the
land use action is a matter for general purpose units of government who can take
land use actions to adopt Comp Plan amendments.
He indicated while this is slated to go in front of the LCOG Board as a
report at the end of this month, it might be appropriate if there is substantial
public comment to keep the record open on the proposal.
Dwyer thought they would want to get public input before they get the
numbers, not use arbitrary numbers. He
didnít think the decision was transparent.
Kloppel thought this could be continued to LCOGís subsequent board
meeting. He added that they could keep the record open for additional comments
to be submitted in writing. He
added that it is not an attempt on their part to structure something that is a
rush to judgment.
Pete asked if they could postpone this and not have the hearing on
Saturday September 12.
Kloppel thought the LCOG Board would be open to continuing the public
hearing or keeping the record open to provide additional opportunity for the
Board to reflect the comments made.
Sorenson asked why the study should be retained by LCOG.
Kloppel said it was consistent with the organizational role of playing a
coordinative role between jurisdictions. He
said the County could also have that role. He said it was important that there was a coordinated
population forecast that has the support of all of the jurisdictions.
Fleenor asked how LCOG avoids a conflict of interest with respect to the
countywide planning versus taking care of individual clients.
Kloppel said they are a membership association and the County and 26
other local units of government belong and are clients.
He didnít see the conflict of interest as long as they are clear they
are working on behalf of the region and the collective jurisdictions involved.
Bob Swank, LCOG, explained that the process was designed to allow the
cities to have as much discussion as they desired. He noted four cities requested the study. He added that for
those cities who did want to pursue a change, there was time for them to conduct
public hearings. He indicated the city of Lowell actually conducted a public
hearing on the topic. He didnít
know if Veneta made it a discussion topic at a meeting, but he has a letter from
the mayor that stated based on their review, they were interested in a five year
trend forecast. He commented that
there was as much opportunity as local jurisdictions wanted.
Van Vactor said these forecasts are important with certain applicants to
the state of Oregon for loans and grants. He asked the city managers present
what they have pending for applications or grants and the timing.
Ric Ingam, Veneta, reported that for them it is a process of the numbers
coming from the census. He said
Veneta was unique in their number that came out in 2000.
He added they had moratoriums and little or no growth until the 2000
census and at that time they completed their wastewater facility and Water
Facility Master Plan that positioned them to catch up with ten years of growth
they did not have. He said over the past five years they have seen what other
cities have had for over 15 years. He
indicated that they fulfilled the facility plans they drafted in 1998. He
reported that they were capped out in what they can meet for future demand in
the community. He commented that at
this point for them to adopt a new facilities plan, the population numbers have
to be accepted by DEQ and other state regulatory agencies.
He said it was important for them to have a number that adequately reflects
their population growth. He said
they brought the request to LCOG from their mayor to have the numbers reviewed.
He said there was consensus from the County to all the cities that they
could work with modified numbers so they could continue to meet their Public
Facilities Plan and meet the water and sewer needs for their community for the
next 15 to 20 years. He stated that
they have 20 years of buildable lands in their community but they donít have
water and sewer needs for the next five or six years.
He added that they canít start the process until they have a new number
to work with.
Chuck Spies, Lowell, commented that Lowellís situation was similar to
Venetaís. He said they are just
getting started. He recalled in 2004 Lowell had a moratorium and restrictions on
development because of water and sewer capacity from 1996 to 2003.
He recalled when they approached the figures in 2004, Lowellís growth
rate was less than one percent. He
said they knew growth would occur. He
said in the two years since then, they have increased .8 growth rate in the 15
year historic rate to 1.6 in the five years.
He said they chose to use the 20 year growth rate that came out of the
2050 process because they had done a study on it in their coordination process.
He thought it was what their population growth would be in the next five
years, should all the subdivisions they have approved and adopted be built in
the five year time frame.
Fleenor said he was in favor of local control but was interested in the
bigger picture. His goal was to
make sure everyone was being treated fairly..
He wanted an open policy. He
was concerned about the accuracy of the data they were using.
Ingam commented the biggest unknown is what the state comes up with for the County allocation.
Fleenor asked if they had any objection to Lane County taking over the process so there could be more public participation.
Ingam said the numbers were arbitrary and there was a minor fluctuation of five percent so Lowell, Veneta and other cities donít find themselves with a moratorium. He thought LCOG had handled the process well and they were responsive to all four of the communities that put in the request. He didnít know if the Board of Commissioners could be as responsive.
Kloppel suggested that they have the hearing on September 22. He said Oakridge was one of the four jurisdictions that made the request. He said that date could attract more public to comment and they could keep it open and continue the hearing.
ORDER 07-9-12-15 Lane County Requesting LCOG to Postpone Its Scheduled Hearing Concerning Revising the Coordinated Body Area-Wide Population Forecast Under ORS 195.036.
MOTION: to approve ORDER 07-9-12-15.
Sorenson MOVED, Dwyer SECONDED.
Kloppel said he heard the will of the County was to add more opportunity
for the public to comment. He said
they could open the public hearing on September 22, keep it open and have
additional public comment at the next board meeting hosted by Lane County in
Eugene at the Department of Youth Services.
Fleenor thought even if they kept the record open and had public
hearings, the results would still be the same.
Dwyer thought the County should assume the authority to perform the
Stewart asked if the County takes over the process, how the process gets
Kloppel indicated there is no contract that supports it.
He indicated that it is basically an LCOG project because it was
requested by the membership.
Stewart didnít understand why they would take over something they
didnít have the expertise to do and no funds to do it.
Sorenson said they should make the statement they are concerned about
the particulars of this public hearing. He
said they need to resolve the issue of who is paying for the population
estimates, how often they are prepared and who should do them.
He thought they should vote on this motion and put the remaining topic on
their work plan to see if Van Vactor could get answers to fiscal questions.
Stewart believed the process had worked in the past.
He was willing to say as a LCOG Board member there
have been serious concerns among the citizens in the outlying areas. He will ask
if they can expand the public input process.
He believed there were other avenues to fix this than the order and he
wonít support the motion.
VOTE: 3-1 (Stewart
d. ORDER 07-9-12-8/In the Matter of Ordering the Acceptance of
the Sixth Amendment to the Intergovernmental Agreement for the Creation of the
BL3 Regional Investment Board and the Sixth Amendment to the Intergovernmental
Agreement for the Regional Investment Plan Fiscal Agent.
Milo Mecham, LCOG, reported that the Regional Investment Board is a
creation of the legislature and there are several throughout the state. He
indicated that Lane County is a participant in the BL3 Investment Board with
Benton, Linn and Lincoln counties. He
explained that the legislature this year decided they were not going to put
money in for private companies to make job improvement investments in the
community but in a budget note they indicated they needed information concerning
the infrastructure needs of the state. He
said they gave money to the Oregon Economic and Community Development
Department. He noted that some of
that money should go to the Regional Investment Boards to perform a needs and
issues process. He said in order to
accomplish that, they need to make changes in the contracts regarding the
Regional Investment Board. He added that the current IGA provides that the Regional
Investment Boards will spend money that had been put into the rural investment
fund the state legislature created but not in any particular place, and directed
it should be spent by the Regional Investment Board. He indicated the amendment allows for the additional funds
the legislature has set aside to be used by the Regional Investment Board.
He noted this is a rush because the legislature wanted a needs and issues
inventory reported back by February.
Dwyer said this needed to be sent to the Economic Development Standing
Committee. He wanted more time to
understand what the real ramifications are.
Stewart thought this could be added to the agenda of the Economic
Development Standing Committee for discussion.
Fleenor wanted to bring these matters before the full Board for
discussion instead of going to the Economic Development Standing Committee.
Dwyer asked to bring this back next week. He wanted to know why it was in their interest to sign the
Van Vactor asked if Mecham could tighten up the language so it is more
precise. He thought it was too
broad of an application.
Fleenor wanted information regarding the work product that was expected
from the Regional Investment Board with no legislative funding.
He asked what they were going to get out of the board.
e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance
No. 11-07/In the Matter of Amending Chapter 8 of Lane Code to Adopt a New
Intergovernmental Agreement Combining Fiber South Consortium and the Regional
Fiber Consortium (LC 8.600, 8.700). (Second Reading and Public Hearing: 9/19/07,
MOTION: to approve a
First Reading and Setting a Second Reading and Public Hearing on Ordinance
No. 11-07 for September 19, 1007 at 1:30 p.m.
Dwyer MOVED, Sorenson SECONDED.
Employee Appreciation Event, September 20,
Fleet Building, Eugene
6:30 a.m. -
11:30 a.m. Ė
Van Vactor said
there will be the Public Works employee appreciation event.
Stewart said he
would be there for breakfast. Dwyer
said he will be there for lunch.
With regard to
Parole and Probation, Van Vactor said he met with Stewart, David Suchart,
Management Services, Karen Gaffney, Health and Human Services, Rob Rockstroh,
Health and Human Services and Linda Eaton, Parole and Probation.
He indicated that they went over the current plan.
He noted that the employees appreciated the direct communication.
He didnít think they liked the message, he said they would have
preferred another alternative. He
noted that employees made other suggestions about satellite operations and they
would be exploring that option. He
said the employees would have preferred a different location with a faster
Stewart stated that
the employees are not feeling good. He
said they have a large case load and having to move and uncertainty facing the
organization has them worried. He
said they need the Boardís encouragement.
He said they need to be doing all they can to support them and listen to
Van Vactor stated
he met with John Clague, Chair, PSCC to plan the next PSCC meeting.
He indicated and they will bring up the concern around the case load for
the Parole and Probation officers. He
said they are going to ask the PSCC how those funds are allocated in other
b. ORDER 07-9-12-9/In the Matter of Authorizing the Application
to the State of Oregon for Expansion of the West Eugene Enterprise Zone (Glory
Mike McKenzie-Bahr, Economic Development, explained that this is a
request to add 62 acres to the West Eugene Enterprise Zone.
He indicated that it is a three step process for an application to expand
the zone. He stated that this was
not an expansion of the urban growth boundary; this property was already in the
urban growth boundary. He added
that it is not a permit for development work to occur, that would be a separate
Dwyer noted that it was a procedure to forego taxes for a certain period
of time under the Enterprise Zone statute.
McKenzie-Bahr indicated that this would allow the opportunity as
development occurred for them to spend money on using sustainable practices.
He commented that to do the right thing is more expensive.
He indicated it is marginal lands on the tax roles and there is a
proposed development on the property. He
noted the Economic Development Standing Committee voted for this to go to the
Fleenor indicated that he had ex parte communications.
He visited Glory Bee but it would not affect his decision today.
Sorenson said he met with the officials of the company.
Wilson said this was not a quasi-judicial determination and disclosure
was not necessary.
Dwyer said he had bought honey from the company.
He said this was related to 64 acres and it is a process by which they
allow someone to develop their land and use the tax free Enterprise Zone as an
instrument for development. He
asked if they should entice development by allowing the expansion of Enterprise
Zones that deprives them of money for the shortfall.
MOTION: to approve
Fleenor MOVED, Sorenson SECONDED.
ORDER 07-9-12-10/In the Matter of Vacating
the Alley in Block 48 in the 2nd Amended Plat of Fern Ridge, as
Platted and Recorded in Book 6, Page 28, Lane County, Oregon Plat Records,
Without a Public Hearing and Adopting Findings of Fact (17-05-03-11).
Jackson, Surveyor, explained that this is an order to vacate the entire alley
that runs through Block 48 in the 2nd Amended Plat of Fern Ridge.
He indicated that it is located west of the airport in Alvadore.
He recalled this was originally laid out by the subdivision process in
1913. He indicated that this comes
to the Board by way of petition of 100 percent of the landowners. He said they are requesting this vacation in order to meet
planning setback requirements. He
noted that the alleyway had not been developed. He added the only street that is
connected to the alley is Eighth Street to the south. He provided legal notice and they were not aware of any
objections to the vacation process. He
visited the site and found a dwelling that appears to be encroaching in the
alleyway. He said from his initial
measurements the garage straddles the alleyway.
He said the reason the Lane County assessment map was in error was that
it showed it had already been vacated. He
requested that the assessorís maps be correct to show it as not vacated.
stated that he would not vote to vacate any alley without a public hearing.
to approve ORDER 07-9-12-10.
MOVED, Stewart SECONDED.
said it is their recommendation for the Board to approve this.
3-1 (Dwyer abstained).
b. WORK SESSION/Vacation of Certain Blocks, Lots and Rights of Way in
the Plats of Glenada, The South Florence Addition to Glenada and the Amended Map
of South Florence Addition to Glenada (18-12-34-13, 41, 42).
Jackson indicated that this work session was called in order to receive
direction from the Board so that they may finalize the vacation process for a
portion of the plat of Glenada, to finish transferring the property to the
state. He added that they have a
letter from the state with their comments of support and concern.
He was aware of one objection, from the Rosecrans.
He said they would like to continue use of the area to the south of their
property as a roadway and the state was not in support.
Dwyer said this was what they agreed to do when they decided to sell it
to the state. He said they needed
to protect the owner. He said
whether or not they are going to vacate this road was not part of the issue.
He thought the issue is what happens if they donít vacate the road with
their agreement with the state.
Todd Winter, Parks, said the objection they have is the Rosecrans.
He noted the vacation of the RR2 side has been paid for by the state at
their request. He said the
Rosecransí objection is that they allow a secondary access for them.
He said their request is to enter the subject property as egress to the
Marc Kardell, Assistant County Counsel, explained that the Rosecrans
concern is that they may not have legal access. He added that they donít use what they would ask for legal
access. He said they asked for
exiting out of the southerly route.
Jackson reported that the roads are not used daily and they were not
Winter noted in the original purchase sale agreement, they were going to
vacate the portion of the property zoned Natural Resource, which they did do.
He added that he has already been to the Board with the purchase
agreement. He said in the agreement
State Parks paid Land Management $4,000 extra as part of the option fees.
He said they want to start vacation proceedings on the RR2 side.
Kardell said even if they vacate, the state asked that if they want to
leave the southerly access routes, that they state in the easement they are not
allowed to be widened and the width is to be limited. He said if people start widening, more development could go
Sorenson asked what the position of Parks and Land Management was with
the proposed direction to vacate, but to retain a 12 foot easement.
Winter said their commitment to the community was to make sure adjacent
property ownersí concerns were addressed.
He added that they wanted to make sure that the sale to the state is at
the appraised price without the cutting of commercial timber or any type of ATV
us. He stated that the intent is to
make sure the residents of the areas that have access or egress who were
affected by the sale are addressed. He
added that they were addressed.
Sorenson asked if the Rosecrans were pleased with the option.
Jackson believed they were pleased with the option.
He believed that they fulfilled the duties they were asked to do for the
state. He said they are providing
access to the north. He added the
access to the south is seldom used.
He wanted to make sure they get this to the state by the end of November.
Winter said they want to close on the option piece in October or
November of this fiscal year.
Sorenson asked what the next steps would be.
Tom Dreschler, Land Management, said they will schedule a public hearing
and come back to the full Board for action.
a. ORDER 07-9-12-11/In the Matter of Creating the Classification
and Salary Range for Senior Sales Data Analyst.
MOTION: to approve
Dwyer MOVED, Sorenson
a. ORDER 07-9-12-12/In the Matter of Establishing 2 FTE
Programmer Analyst 2 and 3 FTE Senior Programmer and Systems Analyst Limited
Duration Positions for the AIRS Conversion Project and Appropriating $1,057,253
in Corresponding Expense for the Period of FY 07-08 Through FY 10/11.
Tony Black, Information Services, recalled they came to the Board in
January and with the January board order, the Board authorized funding for the
project. He said the Board
authorized an IGA between Lane County, the cities of Eugene and Springfield and
a consulting contract for consulting services for the AIRS project.
He said they have a completed a major milestone in the project and they
are ready to move onto the next phase. He
said the first phase they worked on included the architecture, development,
design and methodology for security and authentication to the system.
He indicated that they are at a point in the project where they are ready
to hire temporary employees to do the coding for the system. He indicated these are temporary employees scheduled through
the 2010/2011 budget. He asked to
have those positions authorized to fill. He
added the funding was part of the January board order.
MOTION: to approve
Dwyer MOVED, Fleenor SECONDED.
CORRESPONDENCE TO THE BOARD
EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660(2)(d) for the purpose of
deliberations with labor negotiators. and per ORS 192.660(2)(h) for the purpose
of consulting with counsel on litigation.
There being no
further business, Commissioner Stewart recessed the meeting at 12:10 p.m.