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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 also present.

1. ADJUSTMENTS TO THE AGENDA

None.

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 vacation.

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 these decisions.

Mann replied the direct costs of road building would be borne by the applicant or property owner.

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 them.

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 reached.

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.

VOTE: 5-0.

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.

VOTE: 5-0.

5. COMMISSIONERS' BUSINESS

a. ORDER 98-11-4-1 Appointing Four Members to the Lane County Planning Commission.

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.

VOTE: 5-0.

6. EXECUTIVE SESSION as per ORS 192.660

None.

7. COUNTY ADMINISTRATION

a. Announcements

None.

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.

VOTE: 5-0.

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 November 10.

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.

VOTE: 5-0.

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 Workstations.

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.

VOTE: 5-0.

11. EMERGENCY BUSINESS

None.

Commissioner Cornacchia recessed the meeting to return at 1:30 p.m.

Melissa Zimmer
Recording Secretary

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