November 4, 1998
REGULAR MEETING BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor Following Board of Health
Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi,
Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. Acting County Administrator
David Garnick, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
John Bianco, P. O. Box 271, Creswell, thanked the Board for the opportunity to
address them and congratulated Cindy Weeldreyer on her reelection. He stated at other
times on issues before the Commissioners when he had submitted written testimony, the
testimony was summarized and there was a response by staff. He said he was curious why
that has not occurred in this case.
Cornacchia responded there was a large volume of testimony given, and staff couldn't
respond to every person.
Bianco said according to his calculations, that maximum buildout is 2,693 and his
analysis using the same data, totaled over 3,800 F-1 lots that are vacant. He added
through subdivision, 6,600 buildable lots could be created. He wanted to know why no
effort was made to get at the true figure.
Lisa Davis, 82741 Clayton Rd., Creswell, said she is a rural land owner outside
of Creswell and her concerns are the impacts of the proposed changes of F-1 land use for
residential development. She wanted to know the real need, compelling reasons and
supporting evidence to build on prime forest land. She wanted to know if there were facts
that the public is unaware of as to why the concerns may be overruled. She wanted to know
if there have been studies to investigate and assess potential impact and analysis in
determining whether or not there is sound justification for proposed zoning changes. She
said she wanted to see an impact statement. She said there are a lot of unanswered
questions that need closer study before choosing a destiny that may or may not serve the
public well for Lane County. She urged the Board not to make any decisions at this time.
Ken Faulk, 35240 McKenzie View Dr., Springfield, stated he is the president of
the Lane County Chapter of the Small Woodlands Association. He said the people who
attended the last hearing of F-1 lands were not an accurate representation of the citizens
of Lane County. He said some landowners were intimidated and didn't speak. He said his
tree farm is not anyone's forest, it is private land. He said the Board needs to consider
the needs of society in matters of growth and growth regulations.
Chris Atneave, 85328 Willamette, stated she is an 80 acre F-2 owner and former
member of the Small Woodlands Association. She said there could be a problem with the
power lines getting to people and the customer should pay for the cost of the connection.
Mike Evans, testified he is present for the vacation of Harlow Road at 1:30 p.m.
He stated he wouldn't be able to attend and wanted to voice his position in favor of that
3. COMMISSIONERS' ANNOUNCEMENTS
Sorenson welcomed back Cindy Weeldreyer who was elected in yesterday's election and
Bill Dwyer who will be joining the Board in January. He said there is no outcome yet of
three big County related issues.
Weeldreyer reported there was a good turnout at Lowell last night regarding speeding
and safety issues in rural Lane County. She added the Southern Willamette Research
Corridor Board meets tomorrow at noon to give its blessing on the telecommunication long
range plan for Lane County. She thanked the people of Lane County who voted and for all
who worked so hard on the Public Safety levy that was on the ballot. She thanked Mike
Moskovitz for the many hours he put in.
Green reported last week that the Juvenile Crime Prevention Committee was developing
its plan and reported the plan is completed and will be at the desk of the state office
this morning. He said the plan was to address the governor's $30 million dollar proposal
to the legislature for Juvenile Crime Partnership.
Dumdi congratulated Weeldreyer on her reelection.
Weeldreyer announced that yesterday she attended her first Public Utility Commission
meeting in Salem on extended area calling service to 22 Oregon Communities. She said the
Commission accepted the staff report and Oakridge will be moving toward local calling into
the Eugene/Springfield metro area.
Cornacchia announced that at next week's Metropolitan Policy Committee ( MPC) meeting,
Weeldreyer will be attending (with a memorandum that he has sent out through LCOG) with
the Board's request that the MPC put the Public Access Channel on the lower tier so it is
grouped close in proximity to the Government and Educational Channel.
4. PUBLIC WORKS
a. THIRD 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.
Jim Mann, Land Management, reported the Board of Commissioners asked them to come back
with a proposal developed in ordinance format. (See material on file). He said the
ordinance would limit the 160 acre parcel ownership dwelling provision to parcels that are
within 1500 feet of a public road, that is maintained to the standards for fire safety
that are proposed in Lane Code Chapter 16270. He added, to include the distance to within
BLM or Forest Service Roads that meet that standard. He said the Board also asked to see a
modification procedure built into the standard so if there were some practical reasons
that a dwelling needed to locate further away from the road, they could go through the
modification procedure to do that. He said his understanding is the modification procedure
was not there to allow a parcel to qualify for a dwelling that wouldn't qualify in the
first place, because it was outside the 1500 foot distance. He said there was some concern
that the standard the Board had in an earlier draft of the ordinance that limited the
grade to 12% was too restrictive and might have the opposite effect of modifying the
terrain and creating more environmental disturbance. He said the ordinance has been
drafted in the code today for 16%. He added with regard to the 1500 foot provision, the
direction today is to bring it back to the Board in an ordinance format for discussion. He
said in the event the provisions will be changed in the ordinance, staff will follow the
Board's direction in doing so. He added any change in the language would require two more
readings. He said if there is limited access from BLM and Forest Roads, development will
be limited on those sites.
Weeldreyer questioned access to roads using easements on Forest Service or BLM lands.
She also wanted to know if there was permanent deeded access.
Mann replied private ownership has permits from BLM or Forest Service for logging
purposes that is renewable every five years. He said it is the County's policy not to
issue a permit for a dwelling on a temporary access permit. He said there would be
situations on private property where the Forest Service has obtained an easement from
owners to go across the private property to get to the public lands. He said in those
situations if it was prohibited to develop on BLM or Forest Service roads, even though
they had an easement, they would not be able to use that road.
Sorenson stated assuming the Board goes with the ordinance that responded to the
Board's discussion last week, he wanted to know the resolution of the issue that Mr.
Bianco discussed today, the number of maximum build out.
Mann responded the most simple formula takes the number of acres within the 1500 feet
of the public roads, (197,000) divides 160 into that and shows 1,000 plus parcels would
qualify under that standard. He added he didn't know if in Mr. Bianco's figures he was
limiting to within 1500 feet of a public road or included what he estimated would be the
template build out. He said the 2,693 maximum build out was given when the 1500 foot
limitation was not being looked at.
Howe stated a detailed table was given that went into the lot of record, template and
the 160 acre tract option and detailed out how the calculation was made. He said that
table goes into detail and identifies that for the acres in privately zoned F-1 that were
larger than 160 acres in size, approximately 82% was accessible. He added by that acreage
number, by dividing it by 160 acres, the potential buildout is 2,747 parcels. He said 56
of those are already built, so the number is 2,693. He said if those are limited to
parcels within 1500 feet of a road, 160 changes from 439,638 acres to 128,480. He said
lots buildable were 805; 56 were built so there are 749. He added they are scenarios of
maximum potential buildout.
Sorenson asked if the Board adopts this ordinance the way it is written ( including the
fire district limitations, the 1500 food within a road, 1500 foot to a road,) if there
would be a maximum potential build out of 297.
Howe stated for the 1500 foot it would be 749. He said the template offers 80 potential
dwellings, irrespective of the 1500 feet of road or fire district. He said for lot of
record on all three options, there would be 40 new dwellings.
Sorenson wanted to know what the costs would be incurred by the public as a result of
Mann replied the direct costs of road building would be borne by the applicant or
Dumdi said what she would like is to drop the BLM/Forest Service Road, as those who
could only build off those roads have permanent deeded access and there are very few of
Cornacchia stated what Dumdi suggested was there shall be no homebuilding if access is
taken off forest service or BLM. He questioned how many of the 700,000 acres would be
removed from consideration by that restriction.
Mann responded he would get the maps from BLM Forest Service, overlay those on the
County's zoning map and come up with a general estimate.
Cornacchia stated the subset of people that he has been supportive of are the small
woodlot owners that have made an argument over the years that those who live on their
property can manage their property better than those who don't. Cornacchia stated he
couldn't be in support of the 1500 foot additional restriction because it is arbitrary and
impacts the people he is most focused on. He said if the direction that Dumdi has
suggested is taken, it focuses on the true issues. He said as a starting point, it has
been suggested by Dumdi that the Board moves to limit the use of Forest Service and BLM
roads. He added he, Dumdi and Weeldreyer support it.
Weeldreyer replied she supported it and would trade the 1500 foot limitation (even
though few have permanent access) that the County would not allow for dwellings into the
interior that are served by the federal road system.
Green said he is in agreement with Cornacchia to get to the true facts. He said he
wanted to know the current enforcement procedures.
Sorenson said on the 1500 foot matter, he said a question was brought up: "What if
the BLM enforcer roads were left out and the 1500 feet within a public road were left in,
what does do to the acreage?" He wanted to know the number of lots represented by
that acreage. He added after getting to the maximum number, to apply the costs involved.
He wanted to know what the real cost to the "public system" would be.
Cornacchia stated he wasn't hearing support for a long drawn out exercise that Sorenson
suggested. He said he heard from the other Commissioners that there is very little cost to
the public and he was not interested in asking for a tremendous staff investment to go
into that. He said finding out the maximum buildout is not realistic and not common sense.
Sorenson stated he was extremely troubled by the lack of knowledge associated with what
the public cost is. He said that number can't be obtained until there is some way of
knowing the number of properties affected.
Green asked Sorenson if he had this information if it would change his decision, if it
would move his position from where he stands now to side with the majority.
Sorenson responded yes, as there are more and more restrictions, as the Board is moving
toward putting more restrictions in and if the amount of cost is low, it would influence
him. He added if the cost was high, it would influence him in the other direction. He said
he had the duty to make what is best in the public interest.
Dumdi stated Weeldreyer and she dealt daily with people who are developing properties
in rural areas. She said the cost is borne by the property owner, not by the County. She
said the property owner has to extend a road at their cost. She said all electricity and
water is at the owner's cost, not a cost to the County.
Weeldreyer said as a rural commissioner she deals with people developing properties.
She said with the exercise that Sorenson is proposing, she had to weigh the cost of
creating that level of detail and wondered who would bear the cost. She added with the
current financial situation Lane County is in now, she has people complaining about how
high fees are in land management. She said she has to weigh the cost benefit of that for
the constituency that will be harmed or benefited. She said from that perspective, she is
more comfortable with being able to deal with acreages to get the ballpark figure to make
common sense decision making . She added knowing there are a lot of restrictions, there
will be market forces that will be limited, so the worst case scenario numbers of maximum
buildout will probably not happen. She said that is why she is making a reasoned approach
not to go to that level of detail. She added she has another issue about the 1500 feet and
has been strongly supportive of allowing limited residential development on F-1 land, but
to try to keep it as close to a public road system as possible. She said it was for the
valid concerns that were raised by people that have to fight fires. She said she would
like to see the County not consider access over BLM or Forest Service roads but to allow
for property owners that have F-1 that is beyond the 1500 foot. She added they would have
to get a private easement from a neighbor that would be dedicated for the public use road
definition that is used. She said it would be helpful for her for the fire safety to get
equipment fast to limit damage to surrounding property owners and to have the road
engineered and certified so a fully loaded fire truck could be driven across it and not
fail. She said she wants to allow for development into the F-1 parcel with permanent
access that would be a public road, dedicated to the public so a destination can be
Mann stated if the Board was to back off of the 1500 foot restriction, prohibit
development on BLM and Forest Service Roads, the implication is that property would have
to have access that meets the fire safety requirements in Lane Code. He said that would
address the Board's concern. He said if the Board wants an additional requirement that the
road be certified by an engineer, it could also be done. He said if the Board eliminates
the 1500 foot restriction, the road would still have to meet the fire safety requirements,
public or private in Lane Code.
Mann said there is a clarification he wanted to make of the Forest Service and BLM. He
said they have talked about the U.S. Forest Service, he said it should include the Oregon
Department of Forestry as well as federal roads. He added the second clarification is they
would prohibit any use of those roads whether they had an easement on them or not for the
purpose of taking access for a dwelling.
Cornacchia stated he wanted this to be more simple than convoluted and it makes sense
that Forest Service and the BLM can't use it. He said he heard total exclusion for any
available house building. He said the template, 160 acres and the lot of record is in it,
but limited by OAR. He said he was okay with 16% for road grade. He said to require
interior sprinklers and exterior foam systems. He said there is no option interior or
exterior, both are required and the parcel must be within a RFPD or fire suppression
system by OAR rule. He said the ordinance needs to be brought back next week. He added
they will bring back the best build out numbers without spending more money.
Vorhes said an ordinance with all of the changes can come back on November 10.
Sorenson asked Vorhes what happens next, after the ordinance gets revised and sent back
to the Board.
Vorhes said his understanding is a third reading was done today and if the ordinance is
ready for next week, it will be a fourth reading and action could not take place because
of the changes made. He said an additional reading needs to be scheduled with at least 13
days between the next two readings. He said it could come back November 24, or one of the
December meetings for a subsequent reading and final action.
Commissioner Cornacchia recessed the meeting to return at 10:50 a.m.
b. THIRD 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).
Discussed in the afternoon session.
c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 6-98
Amending Chapters 9 and 16 of Lane Code to Adopt Regulations Governing
Boating, Construction and Erosion Control and Land Use Within the Clear Lake Watershed,
Adopting Savings and Severability Clauses and Declaring an Emergency (LC 9.950, 9.990,
16.005, 16.012 and 16.258).
Cornacchia stated that the Second Reading and Public Hearing will be held on December
2, 1998 at 1:30 p.m. in Harris Hall.
MOTION: to approve First Reading and Setting Second Reading and Public Hearing
for Ordinance No. 6-98.
Dumdi MOVED, Green SECONDED.
d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1122 Amending the Rural Comprehensive Plan and the Coastal Resources Management
Plan to Add Policy and Map References to the Clear Lake Watershed Area and to Apply the
"Clear Lake Watershed Protection" Zoning District to Lands Within the Area, and
Adopting Savings and Severability Clauses and Declaring an Emergency.
Cornacchia stated the Second Reading and Public Hearing will be held on December 2,
1998 at 1:30 p.m. in Harris Hall.
MOTION: to approve First Reading and Setting Second Reading and Public Hearing
for Ordinance PA 1122.
Dumdi MOVED, Green SECONDED.
5. COMMISSIONERS' BUSINESS
a. ORDER 98-11-4-1 Appointing Four Members to the Lane County
Cornacchia reported there were four recommendations. He said one is for an appointment
of a West Lane individual, Juanita Kirkham. He said in addition, there is a reappointment
of Clay Meyers who would be on his second term. He said he and Dumdi have chosen Heidi
Hedberg for an inside the city limit slot and Chris Clemow, for an outside the city limit
slot. He said the recommendation coming from the subcommittee to replace David Crowell,
Margaret Holemar Thumel and Diane Burch, with Clay Meyers, Juanita Kirkham, Heidi Hedberg
and Chris Clemow.
Dumdi noted there were 36 applicants for the openings and it was the first time that
many people applied.
MOTION: to approve ORDER 98-11-4-1.
Cornacchia MOVED, Dumdi SECONDED.
6. EXECUTIVE SESSION as per ORS 192.660
7. COUNTY ADMINISTRATION
8. YOUTH SERVICES
a. ORDER 98-11-4-2 Appropriating the Budget of the Department
of Youth Services $31,957 in Revenue and Spending Authority, and Establishing Within the
Department of Youth Services One .7 FTE Community Service Worker Position.
Steve Carmichael, Youth Services, reported this is part of the Court School project
with Lane Community College, City of Eugene and City of Springfield. He said part of the
program is called the Structure of Intelligence (working with tutors with their department
for four years). He said with the expanded number of juveniles going to the Court School
(up to 25 this year) they need to expand that part of the program. He added the money for
the program will come from LCC, from the money they collect from a federal grant and
monies from the school district for the juveniles attending the Court School. He said the
Intergovernmental Agreement the County has with LCC will give the County the money to fund
the .7 position and that will accommodate the increased number of juveniles.
MOTION: to approve ORDER 98-11-4-2.
Dumdi MOVED, Green SECONDED.
b. UPDATE Breaking the Cycle Project.
Carmichael gave an update. He said they were at a conference with another project in
Kansas City last Spring, and people from the National Institute of Justice were talking
about "Breaking the Cycle," (which is taking the adult drug court model, similar
to Judge Larson's Drug Court and applying that in a juvenile justice arena) where
juveniles that have serious drug problems become part of the probation system. He said
they monitor the cases closely, kids are given drug testing and there is a heavy family
component. He said when it was presented, he went to the presenter and asked when the
money becomes available, Lane County would like to apply. He said they received a request
to present a concept paper about how they would create a Drug Court and family therapy in
Lane County. He said they invited six communities in the Country to apply to send concept
papers. He said Lane County submitted a concept paper and heard last month they narrowed
it down to four sites and they would visit Lane County and notify Lane County know if they
would receive the award. He added it is a $3 million award for three years. He said there
are two sites in Florida, Denver and Eugene and they will select two and tomorrow the
selection will be made. He said if Eugene is chosen, there will need to be a contingent of
four people to go to Washington, D.C. and receive the check. He requested a member of the
Board of Commissioners go to Washington, D.C. The meeting is at the White House on
9. CONSENT CALENDAR
A. Approval of Minutes: October 14, 1998, Regular Meeting, 9:00 a.m.
October 14, 1998, Regular Meeting, 1:30 p.m.
B. County Administration
1) RESOLUTION AND ORDER 98-11-4-3 Increasing Appropriations for
Construction of Mapleton Water System Improvements in the Amount of $626,000 in Revenue
and Expenses in Fund 24, General Expense, Capital Projects.
C. Health and Human Services
1) RESOLUTION AND ORDER 98-11-4-4 Appropriating an Additional
$5,000 in Revenues and Expenditures in Fund 86 in the Department of Health & Human
Services (OHD Revision #3).
D. Management Services
1) ORDER 98-11-4-5 Award of RFP LCP 98/99-02 for Requirements
Purchase of Automated Teller Machine Services.
E. Public Works
1) RESOLUTION AND ORDER 98-10-28-12 Authorizing the City of
Eugene to Improve and Assess Outside City Limits for Street Improvements to Terry Street.
MOTION: to approve Consent Calendar.
Green MOVED, Weeldreyer SECONDED.
10. INFORMATION SYSTEMS
a. ORDER 98-11-4-6 Adding Two (2) Programmer Analyst 2
Positions and One (1) PC/Network Technician Position to Assist Public Works with Internet
Development, Migration of VAX Applications for Year 2000 and Support for AutoCAD
Ollie Snowden, Public Works, reported they didn't feel that Information Services
support was working well in Public Works so he went to Jim Marks and Gary Ingram with a
proposal that would bring money to the table to increase their level of support. He said
there has been a change from the DOS environment to a Windows which is more labor
intensive and also dealing with the Y2K problems. He added he and Marks worked out a
proposal that would add three new positions, a user support position that would have some
time dedicated to auto CAD support, (it is a component that was missing from the IS
support) that needs to be upgraded because new programs are being loaded on old machines,
causing them to crash and time is not being used productively. He said the other two
positions would be applications programmers that will have a substantial amount of time
focused on the Y2K problems. He said they have found since the last budget cycle that
there are more Y2K compliance problems with the VAX system than had originally been
suspected, so instead of making the VAX systems Y2K compliant, the intention is to shift
them to a LAN network and that takes time. He said he would like to see more Internet and
web site usage from his department. He said he would like to see a portion of the third
programmer's time spent on upgrading the web presence. He said by doing that, it is Public
Works' hope that they can provide better public service with less public contact.
MOTION: to approve ORDER 98-11-4-7.
Weeldreyer MOVED, Dumdi SECONDED.
11. EMERGENCY BUSINESS
Commissioner Cornacchia recessed the meeting to return at 1:30 p.m.
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