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August 5, 1998
REGULAR MEETING-BOARD OF COMMISSIONERS
1:30 p.m. Harris Hall Main Floor

Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Steve Vorhes and Recording Secretary Melissa Zimmer were also present.

11. COMMISSIONERS' ANNOUNCEMENTS

Green said there will be a meeting regarding juveniles with Senator Ron Wyden on August 12. He said a letter went around asking which commissioners would be in attendance.

Dumdi announced the Scandinavian Festival in Junction City started on August 13 and will go through August 16.

12. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 98-8-5-6/In the Matter of Certification of Final Assessments for Improvements to South 57th Street and Mount Vernon Road from Springfield City Limits to Jasper Road.

Don Maddox, Real Property Manager, said it was the final hearing on this proposed assessment project. He said the Board would certify the final assessment and then notice will be mailed to the owners.

Commissioner Cornacchia opened public hearing. There being no one to speak, he closed public hearing.

MOTION: to approve Public Hearing and ORDER 98-8-5-6.

Green MOVED, Dumdi SECONDED.

In response to Green's question on how the interest rate is compiled, Maddox stated the policy decision that was made was the interest rate would be set at the current prime interest rate plus three points.

Green stated that in the future how the interest rate is compiled needs to go to policy and procedure. He said the interest rate needs to be in line with the current market rate.

Dumdi stated her concern about finding a solution to the problem of people who live in an area being impacted by new development. She said she hopes it will not be as heavily impacted in the future.

VOTE: 3-2, Weeldreyer and Cornacchia, dissenting.

b. PUBLIC HEARING AND ORDER 98-8-5-7/In the Matter of Certification of Final Assessments for Improvements to Second Street South from Springfield City Limits to Dorris Ranch.

Maddox stated it was the last hearing before certification of final assessments on the improvement of Second Street South. He said at a prior hearing the discussion of the Board was whether or not the sidewalks should be assessed against certain parcels of land on the easterly side of Second Street. He said that because of the terrain of Second Street, they would have no utilization of the sidewalk itself--it is uphill from where the sidewalk was constructed.

Cornacchia stated the assessments had nothing to do with the cost of the project. He said they had a direct relationship to the cost of sidewalks, curbs and gutters.

Maddox stated the Board policy is that assessments are for curbs, gutters and sidewalks only, on a project.

Commissioner Cornacchia opened Public Hearing.

Michael Balk, 260 W. J. Street, Springfield, stated he owns tax lot 1700, which has been assessed for 204 feet of curb and gutter. He said the property lies on the west side of the road and prior to the construction site there was a guardrail that had been replaced by a concrete barrier. He said he met with Ollie Snowden and was told the section of gutter alongside of his property would not be assessed and the County does not assess extruded gutters. He said he was told he was being assessed for the concrete barrier that was trucked to the site and placed on top of the asphalt in replacement of the preexisting guardrail. He said it is not glued down. He said he spoke to the Board earlier, during the design phase, and wanted them to know the installation had been erected as a barrier for the safety of the traveling public. He said it was not erected as curb and gutter. He said the County is calling it a curb and gutter, but its primary function is to serve as a barrier to keep the public safe as they go over the hill. He said he has not benefited for having water diverted to a storm sewer. He said he gains no advantage by water being diverted. He said he has been unfairly asked to bear the cost of the improvement and is asking the Board for their consideration. He added that he does have a curb and gutter below the barrier, but the County did not assess him for that. He said during the public input at the Springfield library, he was told the improvements regarding public safety were going to be assessment-free. He said he is being denied access because the guardrail runs the entire length of his property.

Maddox stated the Board has a revised proposed Order which is the same except for the last "Whereas", where it talks about parcels 11 and 12. He said the assessments for parcel 11 and 12 are hereby waived. He said the original barriers that were proposed were to be poured in place but were not constructed. He said precast units were constructed that were set on top of the ground and were not impervious to water.

Cornacchia asked if the right barriers will be put into place, if parcels 11 and 12 will be assessed. He said he was wondering if, on a policy basis, if no assessment should take place because of the nature of the barrier.

Maddox responded that the type of barrier that is finally constructed is what motivated staff to recommend the change. He added Mr. Balk's property was already eligible for a deferral and will not have any type of lien.

Cornacchia stated the change becomes an exhibit to the Order. He said the Order now gives the impression no access, no assessment. He said he would like an amended Order to be signed later that does not contain that wording. He said he doesn't understand why the statement, no access, is there. He added that Mr. Balk said he may want access. He said the Order is the same, but will need different attachments.

Barbara Hasek, 3530 Game Farm Road, #13, Springfield, said she owns property abutting South Second Street. She said the County put up a wall of rock on the property and there is no way for her to access her property from Second Street. She said that she has about $1,800 in taxes and realizes it can be deferred for twenty years, but it is a lien on her property if it is sold. She said she had the property since 1946 and doesn't think she should have the assessment.

Janice Chase, 439 S. 4th St., Springfield, said she is a County employee and drives on South Second to reach her home. She said her concern is that the County is assessing charges and the job is not done. She said she would like to see the job completed, the bike lanes need to be painted correctly. She said people are parking in the bike lanes and there is no way to pass them when cars are parked on both sides of the street.

Commissioner Cornacchia closed Public Hearing.

Green stated the new order needs revision which deals with no access. He said it should clearly be deleted and some other mechanism should be used in flagging properties because of the reasons stated earlier. He said he will support the assessments but wants clear policy in the future because of miscommunication.

Dumdi concurred with Green and said she was concerned the job had not been finished and appropriate markings taken care of. She said she was also in support of the Order.

Cornacchia stated he is comfortable with where this project has gone. He said assessments need to be connected somewhat to benefit. He said today's discussion was a good beginning for future discussions and he will support this group of assessments.

MOTION: to approve Public Hearing and ORDER 98-8-5-7.

Green MOVED, Dumdi SECONDED.

Steve Vorhes, Assistant County Counsel, suggested changing the last recital in the new proposed order so it indicates those properties that are not specially benefited by the project as originally anticipated. He added to strike out the ordered paragraph that says, "That the assessments are hereby waived," because the exhibit would simply be the original exhibit with two properties zeroed, rather than having an amount for the assessment.

VOTE: 4-1, Weeldreyer, dissenting.

c. PUBLIC HEARING AND ORDER 98-8-5-8/In the Matter of Approving the Transfer of Tax Foreclosed County-Owned Property to the City of Eugene and Executing the Conveyance Document.

Don Maddox, stated this issue is for the purpose of having a hearing in accordance with ORS. 271.330(5) which requires that a hearing be held prior to the transfer of tax foreclosed property to another government body.

Commissioner Cornacchia opened the Public Hearing. No one signed up, so he closed Public Hearing.

MOTION to approve Public Hearing and ORDER 98-8-5-8.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

Cornacchia stated to Maddox the Board's desire for better communication between Engineering and Real Estate (at his request) and said he appreciated the discussion on assessments as it was something that needed to be addressed.

13. OTHER BUSINESS

None.

There being no further business, Commissioner Cornacchia adjourned the meeting at 3:10 p.m.

Melissa Zimmer
Recording Secretary

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