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November 10, 1998
REGULAR MEETING BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor - 1:30 p.m.

Commissioner Steve Cornacchia presided with Ellie Dumdi, Peter Sorenson and Cindy Weeldreyer present. Bobby Green, Sr., was excused. Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.

7. PUBLIC WORKS

c. FOURTH READING AND DELIBERATION Ordinance No. PA 1121 Amending Lane County General Plan Policies (an element of the Lane County Rural Comprehensive Plan) Goal 4 Forest Lands, Policy 5 to Allow Limited Dwellings on Lands Zoned Non-items Impacted Forest Lands, F-1 and Adopting a Savings and Severability Clause.

d. FOURTH READING AND DELIBERATION Ordinance No. 4-98 Amending Chapter 16 of Lane Code to Adopt New Provisions to Allow Limited Dwellings on Lands Zoned Non-Impacted Forest Lands, F-1, and Provide Siting and Fire Safety Standards for Those New Dwellings, and Adopting a Savings and Severability Clause (LC 16.210, 16.270).

Jim Mann, Land Management, reported with regard to the material for the Board, in drafting the ordinance there would be no use of BLM, U.S. Forest Service or Department of Forestry roads, even if the property owners had a pre-existing easement on those roads. He said the restriction in the ordinance excludes use of any of the roads as a driveway or road to a dwelling, and they didn't define what constituted a BLM or Forest Service road. He said they thought there may be instances when they deal with that at an application level. In response to the Board's request, he said that the design and construction of all roads and driveways for dwellings be certified as meeting the standard in Lane Code by an Oregon Professional Registered Engineer and the certification would also state that the roads were adequate for the passage of fire fighting equipment. He said that standard has been written into the ordinance. He added by putting the standard in, it will force the applicant to pay closer attention to the details of the road, as the County is now making the road inspection and the burden of proof and liability is on the applicant by requiring an engineering certification.

Mann reported that the overall F-1 ownership is 2,372,000 acres that are public and private. (Seventy-one percent of that is public 1,682,000; 689,000 acres or 29% of F-1.) He said when looking at the private land, it has to share in the same management roads as the public sector. He said there are 150,000 acres that are within the landlocked pattern with the restriction it would be excluded from development. (He discussed a map of F-1 lands that were posted on the Board.) He said a rough analysis was done of the private F-1 lands where dwellings may or may not be allowed because of the prohibition of using BLM or Forest Service roads. He said in discussing lands that would potentially be developed that aren't immediately affected by BLM or Forest Service roads, to arrive at that delineation, they took BLM and Forest Service maps and looked at the County and public road information data to determine where the public roads ended and the BLM picked up. He said they came up with a rough figure of 150,000 that would be eliminated from development because of the checkerboard pattern. He added 550,000 acres is crisscrossed by BLM or Forest Service pattern and this restriction would not allow development on those properties. He said it may still be possible for new or improved private driveways and roads to be constructed to get around the BLM or Forest Service Road restrictions. He added the construction and additional dwellings would be limited by practical consideration such as terrain, construction costs and the long term forest management priorities. He said the potentially developable lands (134,000 acres) would be larger because there would be ways to get to overcome the BLM and forest restriction, and still not be feasible in a large portion of the F-1.

Mann stated finding the maximum build out of F-1 land can be done by taking the total number of privately zoned F-1 acres, dividing by 160 and getting the number of 160 acre dwellings. He said they only use 160 when talking about 160 acre dwellings, not the template. He said 2,691 is the total. He said when the figure was developed, there were landlocked parcels and some that were not accessible. He indicated the total amount of acreage was reduced by that amount and of that number, 56 of those tax lots were built on, which reduced the amount.

Howe reported it is less than 800 lots.

Weeldreyer stated with regard to the roads, she knows there are building criteria for driveways and the code as it is presented deals with how wide the road should be and its composition. She questioned the issues of salmon, erosion and siltation that comes with the road building in the forest. She wanted to know if that was addressed in a different place under State Rules for putting roads in.

Mann responded they analyzed what the state standards were and found that the Department of Forestry didn't have any standards written. He said they have an expert that is in the field that does the subjective analysis and the standards are laid down on a case-by-case basis.

Weeldreyer said the whole intent behind this is to open the door to limited residential dwellings in the F-1 forest and to try and fashion it in such a way that the development would occur close to the existing network and not allow for a lot of residents being located in the interior of the forests. She said that was in keeping with a lot of testimony that was given on the issue by the citizens, and those involved in fighting fires. She stated she was comfortable with keeping this as it is currently written where the BLM or Forest Service roads are disallowed to site residential dwellings.

Cornacchia stated the Forest Service/BLM exclusion makes sense because of the small woodlot owner. He said it is his understanding that the vast majority of the square mile acreages in the checkerboard pattern are industrial owned. He said with the restrictions and limitations, he sees it meets the subset of people that he has been most interested in trying to assist. He said 700 homes in a County of 300,000 people, (the size of some states in the country) is not something to worry about. He said he thinks managed growth and the cutting of trees is not bad. He said he is supportive of what is being done and thinks it is a very legitimate, well thought out package.

Weeldreyer questioned staff about 63% of F-1 zoned is less than 160 acres. She said it was her understanding that most F-1 zones are in very large blocks.

Howe responded it was a true fact. He said 63% of tax lots (not acres of ownership) are less than the 160 acres. He said Mr. Bianco is taking the information and getting tripped up on his interpretation of the template test. (He showed the template test on flip charts.)

Mann reported they limited the 80 acre and less parcels to those that were within 1500 feet of a public road. He said the number of parcels is less than what Mr. Bianco was using because he used (regardless of proximity of a road), the most impacted forest land within 1500 feet of a public road. He said they narrowed down the number of parcel to within 1500 feet.

Sorenson questioned how they got the number of acres that is currently an estimate of F-1 for privately owned land.

Mann responded that when 150,000 is taken out because it is landlocked and 134,000 (potentially developable not subject to BLM Forest Road restriction) is taken out of the 689,000, the balance is what is subject to the access limitation. He said 555,000 is non developable because of BLM/Forest Service Road restriction.

Sorenson wanted to know the bottom line for the number of acres that are available under the ordinance the way it is currently drafted.

Mann replied 134,000 acres, which gives close to 700 buildable lots.

Weeldreyer said in the public comment today, the Board was asked to have LCOG do an overlay to apply the template test to each and every F-1 zoned parcel. She said knowing the basic fees to LCOG and the Common Mapping Steering Committee contribution to LCOG, it would not cover such a project. She wanted to know what a ballpark figure of an exercise like that might cost the taxpayers of Lane County.

Howe said ownership is the primary problem. He said a last name is what matters on figuring out whether a property is a contiguous ownership or not in determining the acreage in applying the template test.

Weeldreyer stated they made a change at last week's meeting to require interior as well as exterior sprinkling systems. She said she understands for manufactured homes, that provision, in and of itself (unless the home is custom built to order) eliminates that housing option for people. She said she wanted the record to reflect that was considered by the Board as an additional cost for the option of living in a resource area, to provide the greatest amount of fire protection they can.

MOTION: to approve Fourth Reading and Deliberation and Setting a Fifth Reading for Ordinance No. PA 1121 and Ordinance No. 4-98. on November 24, 1998.

Weeldreyer MOVED, Dumdi SECONDED.

Sorenson stated he tried to avoid any arguments in the way he has stated questions because he thought this might be a more appropriate time to give advice to the Board. He said he knows the Board will pass the matter and move it forward. He said in his opinion, fundamentally it is a bad idea to open up the F-1 lands to development. He said he would rather see the Board focus on a tiny number of people who bought land when they thought it could be developed for their home and through various legislative sessions, haven't been allowed to do that. He asked the Board to listen to the people in the leadership of the community. He said they counseled the Board through editorials and public comments to be conservative and go slowly, but there is a rush to keep this moving. He said even if the Board disagrees with him about the matters, he would ask to get more cost information. He said by the Board taking this action, there is no progress on the few people who have a legitimate cause for concern about how they have been treated by government. He said it forces the opponents into taking extraordinary action, which will put the whole ordinance on hold until there is a vote. He said then the Board will be forced to repeal the ordinance, and none of that work is necessary nor does it accomplish the goal for the few people who are the ones to be concerned about. He said his hope is that it wouldn't be set for the final vote but keep trying to acquire information to deal with legitimate concerns.

VOTE: 3-1, Sorenson dissenting.

Weeldreyer reported in conversations she has had with many people who have called, to say no to any kind of residential development, when she explained to them the types of safeguards that have been put into the ordinance, they have understood and felt better about the situation. She said if it takes a referendum exercise to provide this kind of detail of what has been done, she is willing to go through the exercise.

Cornacchia said he almost welcomes a referendum because he has faith in the process and if it is on the ballot, facts will be discussed with the media, not exaggeration or political agendas.

Dumdi stated in the rules and regulations, the dwelling must be off of a public road, not a County maintained road. She said in some cases it might be, but the County will not go out and build new roads, the costs will go to the property developer, not the County.


9. HEALTH AND HUMAN SERVICES

a. ORDER 98-11-10-4 Accepting a Two-Year Drug Court Program Enhancement Grant From the United States Office of Justice Programs; Delegating Authority to the County Administrator to Sign the Grant Award in the Amount of $297,769, and a Subcontract with LCOG for $29,785; Establishing a 0.5 FTE Mental Health Specialist Position; and Increasing Appropriations in Revenues and Expenditures in the Amount of $167,348 in Fund 86 in the Department of Health & Human Services.

Peg Jennette, Program Services Coordinator, Department of Health and Human Services, spoke for Rob Rockstroh. She said she understood the Board had concerns about what will happen with the Drug Court since the levy has been defeated. She said she spoke with ACES which who is the current subcontractor and they are continuing to provide services. She added they are hopeful of receiving $79,000 from the Public Safety Coordinating Council to support the services between now and June 30, 1998. She said it was her understanding that the PSCC hasn't definitely decided about the money and that might be a decision that is reached on Thursday. She said in that period of time, they will be billing Oregon Health Plan and private insurance companies, which they had not done previously to see how much revenue they can collect. She said based upon that information, they would determine whether or not they would go forward with the treatment services for Drug Court clients. She said if they don't go forward with it, she doesn't know where there will be treatment for Drug Court clients. She added that Rob Rockstroh stated if the motion is passed, he may choose not to fill the .5 Mental Health Specialist because the services would only be guaranteed through the end of this fiscal year. She said the original proposal for the grant called for case management services to be out of a day reporting center in Parole and Probation. She said since then they have discovered that clients who are not convicted cannot go to the center, so their plan is to ask the federal agency if the plan can be modified to subcontract those services. She added they got a verbal okay from the federal agency. She said they have run a request for letters of interest to provide the subcontracted service and ACES was the agency that solely responded. She said if the motion is passed, they will come forward with another motion asking to award the services to ACES.

MOTION: to approve ORDER 98-11-10-5.

Dumdi MOVED, Weeldreyer SECONDED.

Dumdi stated she spoke with Judge Larson and he said the money was important to to carry on the services to the clients. She added even though the levy didn't pass, they can still perform some of the functions and this money will enable them to do it. She said Judge Larson said this issue is of paramount importance.

VOTE: 5-0.

11. EMERGENCY BUSINESS

The following item was brought back from Executive Session, held in the a.m.:

a. ORDER 98-11-10-6/In the Matter of Approval of a Stipulated Order Regarding the Workers' Compensation Claim of Robert Chuey.

MOTION: to approve 98-11-10-6.

Weeldreyer MOVED, Sorenson SECONDED.

VOTE: 3-0. Cornacchia did not vote as he was not present at the morning Executive Session.

There being no further business, Commissioner Cornacchia adjourned the meeting at 2:45 p.m.

Melissa Zimmer
Recording Secretary

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