February 4, 2009

1:30 p.m.

Board of Commissionersí Conference Room

APPROVED 3/4/2009


Commissioner Pete Sorenson, presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




a. PUBLIC HEARING AND ORDER 09-2-4-3/In the Matter of Surrender of Portions of Rhododendron Drive (Co. Rd. No. 65) and Sebastian Street (Co. Rd. No. 1969) to the City of Florence.


Michael Jackson, Land Management, indicated that this is a surrender of a portion of Rhododendron Drive and Sebastian Street to the City of Florence.  He recalled that portions of Rhododendron Drive have already been surrendered in the past.  He indicated that the City of Florence has enacted Resolution 37-2008 requesting  jurisdiction over the requested area be transferred from Lane County to them.  He said Statute 373.260 and 270 provide for the transfer from the Countyís jurisdiction to the city.  He noted that legal notice has been posted per statute.  He said this surrender request will transfer maintenance, improvements and development responsibilities to the city.   He indicated that they have information from the City of Florence that there has been an appeal to LUBA regarding the annexation.  He commented that conversations with legal counsel indicated that the appeal should not pose a roadblock. 


Marc Kardell, Assistant County Counsel, said they could go forward or roll this to see what LUBA does.


Bob Willoughby, Florence City Manager, said he talked with their city attorney and they concurred with County Counselís opinion that this could proceed despite an appeal pending.  He said they expect to prevail on the appeal but it is their intention to annex Fawn Ridge into the city.  He added that if there is a technical reason they have to go through the process, they will do it again.   He wanted to see this move forward.  He said they were prepared to take jurisdiction of the road.


There being no one else signed up to speak, Commissioner Sorenson closed the Public Hearing.


MOTION: to approve ORDER 09-2-4-3.


Fleenor MOVED, Dwyer SECONDED.


Dwyer thought the County could be relieved from the maintenance.  He added that it was logical to go to the city.  He thought this was in the publicís interest.


Fleenor asked if they adopt this motion if they could be embroiled in any legal action with the pending LUBA claim.


Assistant County Counsel Marc Kardell indicated that there could be a possibility if the annexation is overturned that someone could challenge this surrender.  He added there is a statute that says a city could acquire right-of-way if it comes from outside of the city into the city.  He said they could do it by agreement with the County.  He stated that he had just become aware of the appeal.  He said even if the annexation is appealed, it would be difficult to overturn the surrender.


Celia Barry, Public Works, explained that the Fawn Ridge Subdivision, south of Sebastian Road came through and transportation planning received a referral.  She said that Rhododendron doesnít have urban improvements.  She added as part of subdivision approval, the County requested they require full urban standard improvements along the subdivision.  She said subsequent to that, the developer came to the city and said he would assist with extending the sewer if the city would lay the road improvement requirements.  She said they informed the city it would be okay if they would take the road.  She stated they didnít want the general public responsible for the road improvements that were as a direct result of the subdivision.  She indicated that the city has SDCís and tools to put the road improvements in and the County doesnít.


Handy wanted to roll this matter to see what happens with LUBA.


Dwyer had no objection to waiting.


Fleenor withdrew his motion.


Dwyer withdrew his second.


MOTION: to roll this item to March 4, 2009.




Stewart supported rolling this board order.


Kardell recommended the record be kept open so they could determine what LUBA does and have that on the record.


Fleenor modified his motion to keep the record open.  Dwyer modified his second.


VOTE: 5-0.





a. STATUS REPORT/Wildish Lands.


Todd Winter, Parks, gave a presentation on the status of the Wildish Lands at Mt. Pisgah.  He indicated that the appraisal is underway and they were told it should be completed in early March.  He commented that it will be an historic purchase and it could mean a lot for the community.


Sorenson asked about the next steps.  He asked when the public would be given the opportunity to find out more about this project.


Winter explained that when the appraisal is completed, it will go back to the Nature Conservancy and they will review the appraisal and report back to the Board  with an update.




Sorenson said on Tuesday February 10 the Board is having a program in Cottage Grove.  He said he, Handy and Mayor Piercy are having a town hall meeting on Wednesday February 11 in Harris Hall.  He announced February 14 is the 150th anniversary of Oregonís statehood and Lane Countyís Historical Museum is having a program.  He noted on February 15, Stewart, he and Handy will be attending the program on Oregon Statehood at the Eugene Public Library.


Dwyer said next Monday he will be speaking at the Springfield Seniors Forum.


Stewart announced that on February 12 he will be having a meeting at the Lorane Grange that will be open to the public.










There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 3:20 p.m.


Melissa Zimmer

Recording Secretary