BOARD OF COMMISSIONERSí
REGULAR MEETING

June 22, 2011
1:30 p.m.
Harris Hall Main Floor

APPROVED 7/6/2011

Commissioner Faye Stewart presided with Commissioners Jay Bozievich, Rob Handy, Sid Leiken and Pete Sorenson present.  County Administrator Liane Richardson, County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.

12. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 11-6-22-8/In the Matter of Authorizing the Transfer, for $500 Consideration, of Surplus County Owned Real Property to the Dexter Sanitary District Ė Map No. 19-01-16-20-01100, Adjacent to 38863 Mathews Drive, Dexter.

Jeff Turk, Management Services, explained that the County received the property in 1955 and it was being held onto by the County for right-of-way.  He noted in 1982 the County granted a temporary construction easement to the Dexter Sanitary District to do investigation and surveys for the installation of a sewer line that was good for one year. He added that the sewer line actually runs through the middle of the property.  He added for some reason after it expired, there was never a permanent easement given for the sewer line.  He said he has had discussions with the sewer district.  He indicated they are going to be doing a project for the whole district and they would like to have the property for their equipment and to help them maintain the lines.  He said the property doesnít have a significant amount of value with the sewer line going through.  He added if the County were to sell it to a third party, it would give a permanent easement to the sewer district for the line.  He noted that easements would be ten to twenty feet on either side of the line to provide for maintenance.  He reported the $500 of consideration covers the cost of publication and County staff time.

Commissioner Stewart opened the Public Hearing.

George Steele, Dexter Sanitary Superintendent and Dexter Sanitary Board of Directors, said that the Dexter Sanitary Board of Directors requested that Lane County transfer ownership of tax lot 1100 to Dexter Sanitary District for the purpose and use of sewer repair. He said they are happy to pay the cost. He indicated that they are in need of land.  He commented that at one time they had thought that Dexter Sanitary had already owned this.

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

MOTION:  to approve ORDER 11-6-22-8.

Sorenson MOVED, Leiken SECONDED.

VOTE:  5-0.

b.
SECOND READING AND PUBLIC HEARING/Ordinance No. 3-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for Consideration of $30,000, Located at 740 E. 39th Place, Eugene to the St. Vincent de Paul Society of Lane County for the Purpose of Providing Affordable Housing (Map No. 18-03-08-34-04105) (NBA & PM 6/8/11)

Turk reported that the next three hearings are interrelated because they have budgetary implications.  He said this property in question is located at 740 E. 39th Place.  He indicated the County just received this through tax foreclosure this past September 2010.  He said according to Lane Manual, when they get properties like this, they are to notify the Housing Policy Board and the other non-profits that provide affordable housing.  He said if they express an interest, then they go through this process of having a public hearing and asking the Board if a transfer is appropriate and under what terms to transfer the property.  He indicated that the property hasnít been lived in ten years.  He added at the time they received it, there was about $19,000 in delinquent taxes owing at the time.  He noted that it has a $200,000 market value, assuming it is in good repair.  He reported that St. Vincent de Paul estimates it will cost $30,000 to $50,000 to repair the property.  He indicated that St. Vincent de Paul will use the property as a rental for Veterans.

Turk recalled in the past they have sold, donated or given properties to the various non-profits.  He noted at this point in time, the way the property management budget works is the budget is anywhere from $130,000 in expenses each year.  He noted the first $130,000 in sales from foreclosed properties goes to cover the expenses of the program.  He added anything after that gets disbursed to the taxing districts in the same manner as property taxes are paid.  He said in 2008, due to the County getting less properties and policy decision by the Board to change the asset of foreclosed properties to Parks property or funds to others, his budget had to get a loan from the general fund of $75,000 that year. He noted the following year he made expenses, but he had to pay back the general fund of $40,000.  He added for this year he has had no sales on the properties in question.  He reported at the end of this fiscal year without additional sales revenue,  his budget will be in the hole about $155,000 to the general fund.  He noted that any sales of these properties would go to offset the program expenses and reduce the amount the program has to borrow from the general fund.

Turk indicated there have been changes since he wrote this board order.  He said that St. Vincent de Paul had offered $30,000 for this property.  He said they said they would come up with $50,000 for the property on Garfield and NEDCO said they would come up with $15,000 on Beringer.  His recommendation is to retain one of the properties that St. Vincent de Paul had requested to use as an asset to sell to offset expenses of the program.

Commissioner Stewart opened the Public Hearing.

Terry McDonald, St. Vincent de Paul, Eugene, said that St. Vincent de Paul is engaged in trying to find ways to deal with homeless Veterans and Veterans returning from various conflicts.  He noted the two properties they are looking at would fall into those categories of properties they would be using to house  Veteranís or their families coming  back from deployment.  He said the plan is to have the Home Builders Association and funds from the city of Eugene Rental Rehab rehab these houses so they would be affordable rentals.  He said they are trying to come up with what the needs are with the public sector to stay whole and try to make sure they have affordable housing.  He reported the Housing Policy Board reviewed this and recommended transfer of all three at the numbers that were originally recommended.  He recognized the value of the larger house is more than the $30,000.  He wanted to renegotiate with staff to see if they can come up with more money.  He said these come with a cloud on the title. It was their intent to work with the County to see if they can clear the title.

Turk reported that for Ordinance 3-11, when they first submitted the memo, the offer was $30,000 and that is where it stands now.  He said for Ordinance 4-11, when he initially discussed it with Terry McDonald, the offer was $30,000 and he is now saying that St. Vincent de Paul can pay up to $50,000 for that property.  He said for Ordinance 5-11  NEDCO, requested the property without consideration and they said they can come up with $10,000.  Turk received an e-mail this morning stating that they would be able to offer $15,000 for the property.

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

MOTION:  to adopt Ordinance No. 3-11.

Sorenson MOVED, Leiken SECONDED.

ROLL CALL VOTE:  5-0.

c. SECOND READING AND PUBLIC HEARING/Ordinance No. 4-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for Consideration of $50,000, Located at 2895 Garfield St. Eugene to the St. Vincent de Paul Society of Lane County for the Purpose of Providing Affordable Housing (Map No. 18-04-01-34-03613) (
NBA & PM 6/8/11)

Turk said this is a larger property, 3000 square feet.  He said the Assessor stated it was worth about $300,000 and there is $34,000 in delinquent taxes owing.  He said this property and the one on 39th Place was from the same owner.  He indicated when the County forecloses, they are supposed to send notice to the owner and any other legally interested parties.  He said the Assessorís office deals with the foreclosure process and they will send out the notice.  He said the owner had passed away.  He added there is a son is California that was the heir and he is the one that didnít get noticed.  He said if title gets cleared, they clear up both properties.

Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.

Bozievich asked if they were okay moving forward with the Public Hearing with the changes.

Vorhes said the changes to the compensation raise the question under the charter that it is a significant change.  He said if they make a finding that they donít think it is, they could take action today.  He recommended they do a reading with the changes so they know what the dollar amounts are and roll it two weeks and have a third reading and deliberation to be clear.  He said if no one will object adding money, then the risk is low.  He indicated that it is a change for the good to the County.  He said if the buyer is not raising an objection, the Board might be comfortable taking action.

MOTION: to adopt Ordinance No. 4-11.

Leiken MOVED, Bozievich SECONDED.

Stewart stated that he was confident that the value coming into the County isnít significant enough for them to have another reading  delaying this further.  He was comfortable moving this forward.

ROLL CALL VOTE:   5-0.

d.  SECOND READING AND PUBLIC HEARING/Ordinance No. 5-11/In the Matter of Authorizing the Transfer of County Owned Real Property, for $15,000 Consideration, Located at 234 Beringer Ct. Eugene to the Neighborhood Economic Development Corporation for the Purpose of Providing Affordable Housing (Map No. 17-04-03-13-12100) (NBA & PM 6/8/11)

Turk reported that the County also received this property this past September 2010 by a foreclosure deed.  He said there is about $30,000 in delinquent taxes and at the time they received it, the Assessor accessed the property at $270,000.    He indicated that the owners live in Hong Kong.  They sent notice of foreclosure to Hong Kong and it came back.  He said there is also a title issue with notice for this property.  He had a consultant go through the house and give an estimate to repair the mold and other issues.  He added there is LP siding outside that has to be taken off.  The estimate was about $50,000 to work with the mold issues and siding, carpets, floors and paint. He noted when he talked to NEDCO about the property, they wanted the property without consideration.  He said last week they offered $10,000 but this morning they said they can offer $15,000.  He said they want to use the property to provide affordable housing ownership opportunity.

Commissioner Faye Stewart opened the Public Hearing. 

Claire Seguin, Executive Director, NEDCO, Springfield, said she is asking the Boardís support for the transfer of this house to NEDCOís Foreclosure Recovery Program.  She noted that NEDCO has been providing a mortgage payment assistance program service for the state for several months and they have 500 people who will get their mortgage assistance put into play.  She asked the Board to help make the house available to families who need a good, clean safe place to land to begin to rebuild their credit and move them to their next permanent step and help bring in another family.  She said this is one house and they have several others they are working on.  She hoped the Board considers it.  She thinks they can come back with a higher offer for $15,000.

Desiree Moore, NEDCO,  Springfield, wanted to make sure the Board received the packets with pictures of the property and what they are going to do to make it affordable housing.  She commented that by allowing a non-profit to place this property in an affordable housing arena means those dollars continue to circulate with affordable housing.

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

MOTION:  to  adopt Ordinance NO. 5-11.

Leiken MOVED, Bozievich SECONDED.

ROLL CALL VOTE:  5-0.

e. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1285/In the Matter of Amending the Lane County Rural Comprehensive Plan (LCRCP) to Adopt a New Comprehensive Plan and Zoning Designation for the Area Within the Jurisdiction of the Coburg/Interstate-5 Interchange Area Management Plan (IAMP); Amending the Lane County Transportation System Plan to Incorporate the IAMP by Reference; Adopting an Official Lane County Interchange Area Management Plan Combining Zone Map; and Adopting a Severability Clause.

Lydia McKinney. Public Works, indicated that this will be the final action the Board will be asked to take on this action.  She said the purpose of the ordinances before the Board is to put into action policies that are contained within the Interchange Area Management Plan (IAMP) adopted by the Board in October 2010.  She said the result of the implementation measures will be to add the  IAMP zoning overlay to those properties that are within the boundary and to provide the Lane County Code text applicable to those properties. 

McKinney recalled that notice was provided to all property owners who are within the IAMP boundary and who are within 750 feet of the boundary.  She said they had not received any written testimony, but she received eight phone calls.  She noted those phone calls were asking her how it would affect people.  She said the actual implications of the IAMP are focused on the people who have property on  Pearl Street or Roberts Road.  She added that ODOT is currently working with those affected property owners to purchase access rights.

With regard to the supplemental memo, McKinney corrected the date.  She added at the direction of Legal Counsel they made non-substantive edits to the code text.  She said the purpose was to remove the reference to the entire IAMP.

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

MOTION:  to adopt Ordinance No. PA
1285.

Bozievich MOVED, Leiken SECONDED.

ROLL CALL VOTE:  5-0.

F, Ordinance No. 6-11/In the Matter of Amending Lane Code Chapter 16 to Add New Text and Designation for an Interchange Area Management Plan (IAMP) Combining Zone for the Coburg/Interstate-5 IAMP Area Within the Lane County Rural Comprehensive Plan (LCRCP) and Correcting a Reference to the Adopting Ordinance for the Lane County Transportation System Plan in Lane Code Chapter 16.400 (16.012, 16.297, 16.400 (PM & NBA 6/8/11)   

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

MOTION:  to adopt Ordinance No. 6-11.

Bozievich MOVED, Leiken SECONDED.

ROLL CALL VOTE: 5-0.


13. PUBLIC WORKS

a.  WORK SESSION/DISCUSSION ONLY/Willamalane Park and Recreation District Comprehensive Plan Update: Draft Community Needs Assessment Presentation Ė Willamalane Park and Recreation District is in the Process of Updating Their Comprehensive Plan. The Park and Recreation Comprehensive Plan Will Provide a Framework for Decision-Making Over a 20-Year Planning Period Regarding Acquisition, Development and Management of Springfieldís Park, Recreation and Open Space System.

Rebecca Gershow, Willamalane, gave a presentation on the Willamalane Park and Recreation District Comprehensive Plan Update.  (Copy in file).

Handy asked how they can get the River Road Park District involved getting services in the Santa Clara area.

Bob Keefer, Willamalane, commented that annexation is an issue in that they need to have a common boundary.  He stated that they canít do island annexation.  He said they need to look at an area that would connect with the district.  For providing services, he said they would be happy to look at it as an opportunity, but their patrons in Springfield are paying the assessed value.  He said they would have to charge a rate to help compensate for the property tax being supported in the district.    He said the whole issue with River Road is a bigger issue than Willamalane.  He added that it is a land use issue and there are urban transition agreements.   He said he would like to help out if they can.  He indicated the assessed value in River Road keeps shrinking and the ability to continue to do that is not there for the long run without significantly reducing services.

Bozievich commented that Willamalane is positioned to have the district start a process of mixing services to get more efficiencies around parks and recreation.  He asked if they had looked beyond River Road Parks and Recreation or any other districts or opportunities for annexation/conglomeration, looking longer than 20 years.

Keefer thought there were opportunities for them to do that.  He said they had tough times going to Thurston in the late 70ís and early 80ís and then they were able to pass it and get the annexation.  He said a vision like that needs to start at some level other than at Willamalane.  He said to do that would change the complexion of what Willamalane is.  He said he would like to help in Santa Clara, but there is only so much infrastructure they can share before they have to grow.  He didnít know what that meant for representation or services to be provided because the demographics are different.  He added that his Board of Directors would have to be involved from the start.  He recalled in 2002 they had the Rivers to Ridges Vision.  He said they pulled all the agencies to work together.   He thought it might be time to all get together again.

Leiken commented that with Willamalane being its own taxing district shows what the possibilities are for parks districts.  He said it is not a department of a city or county, but their own separate district.  He indicated that they have shown they can look out of the box and be more creative with recreation.  He thought the model of a special district has been a proven track record with parks districts and a management model.

Stewart recalled that last fall the Nature Conservancy completed the acquisition of the Wildish property.  He said there were partners who collaborated to make that happen.  He recognized those people for their partnership and making it happen.  He said it stemmed from the outcry of the citizens when there was a potential development opportunity to take place they wanted to try to get it in the parks system in a natural state to be developed and protected.  He had artwork made of the Wildish Acquisition and he presented it to Keefer for his help.

Keefer said he has a great team and a Board who is supportive of these types of activities.  He stated they are successful because of the partnerships.  He said they want to be a partner with the County as they move ahead. 
14. COMMISSIONERS' ANNOUNCEMENTS
None.


15.  EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(b) for the purpose of discussing an employee.

16. OTHER BUSINESS

None.

There being no further business, Commissioner Stewart adjourned the meeting at 3:55 p.m.



Melissa Zimmer
Recording Secretary