August 7, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.
Chair Bobby Green, Sr. presided with Ellie Dumdi, Jerry Rust (left at 9:28 a.m.) and Cindy Weeldreyer present. Steve Cornacchia excused. Zoanne Gilstrap, Recording Secretary.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
Pat Dutton, 83923 Cloverdale Road, Creswell, Oregon 97426, stated that she and her husband came to Oregon to stay with her husband's sister. She said they have a 36-foot RV parked on her property for emergency purposes. Dutton explained that her husband has serious medical problems and has been hospitalized four times in the last two months. She stated that they have their RV parked back in the trees, out of sight, and said they are not bothering anyone. Dutton reported that several people in the area are doing the same thing and said that she can count at least seven RVs in a two-mile radius. She remarked that they feel discriminated against when others can get away with it but they cannot simply because someone has filed a complaint against them and not against the others. Dutton said they went to apply for a permit and were turned down. She reported that they were told that if they did not connect electricity, they could stay but as soon as they connected electricity and/or sewer they would have to leave. She said they have learned that they now will be fined $1000 a day.
Rust said there is a hardship permit and suggested that the Board could help to expedite that hardship provision. He said due to the medical conditions, intent is very clear in this case.
Weeldreyer said if there was interest on the Board, she would be more than happy to work with this family and the Land Management Department. She commented that maybe Rust would also agree to work on this issue. She stated that if an RV is not permanently parked and if it is moved and then brought back, the clock starts ticking again and suggested that perhaps this family could move the RV for a short period of time to avoid the fines.
A decision was made that Weeldreyer and Rust will work with the family and Land Management.
3. COMMISSIONERS' ANNOUNCEMENTS
Dumdi reported that the Scandinavian Festival's opening ceremonies were at 10:00 a.m. tomorrow. She remarked that the Scandinavian Festival was a family-centered activity with good food, music and many arts and crafts.
Dumdi also spoke about the river gauge on the Siuslaw River that was lost during the flooding. She said it was important that this be replaced to give river levels. She stated that Lane County has been working with the Forest Service and private entities to determine a way to fund and maintain a new gauge.
Weeldreyer stated that she, along with Rust and Stephanie Schulz from the Rural Community Improvement Council (RCIC), will have a booth at the fair. She invited the public to come by and vote on one of the several designs for a new County logo. Weeldreyer said there also would be information and materials available regarding RCIC and their special projects.
Green commented that he and Weeldreyer went to the Convention Center to judge the photography entries. He stated that he believed people will be pleasantly surprised and pleased with the winning choices. Green noted that the entry levels of participants were down 50%.
Green also stated that he met with Lynn Fallin, the new executive director for the State Commission on Children and Families and said he is now better able to understand the States CCF mission. Green reported that the State will be providing trainers and facilitators to the counties.
Weeldreyer announced that the Hwy. 58 Stakeholders' meeting is August 9. She said they will drive the entire length of I-5 to Immigrant Road. Weeldreyer noted there will be a broad spectrum of stakeholders and stated that she hoped they could come up with a concept or design to go into the State Transportation deadline list. She stated that she is hoping to have a safety project designed and back to the community by the end of September.
4. COMMISSIONERS' BUSINESS
a. REPORT/Extension Service Update.
Janet Calvert gave a quarterly report, noting that there has been some staffing changes. Calvert said they have gained a new 4H Youth Development agent but that they have also lost a 4H Youth Development agent who has just accepted a position in Corvallis, thus leaving another position open. Calvert also reported that Tom Hill, a faculty member at Corvallis in animal science, has been given .3 FTE to service Lane, Linn and Benton counties as far as livestock questions, primarily those regarding sheep and beef. She said he will provide expertise for these livestock producers. She recognized that this was minimal staff time and reported that he will be mainly responding to technical questions from livestock owners. She said that due to reduction in staff agents, they have to look at ways of doing things differently and stated they cannot provide a livestock expert for every county.
Calvert also reported that Gary Stevensen will work in the same three-county area regarding small farms. He will work to provide materials and information in a group rather than on a one-by-one basis. In addition, Calvert distributed before and after pictures of the fire at the extension office.
Margaret Lewis discussed the issue of home economics at the Extension Service and the home economics programs offered (see material file). She discussed volunteer run programs and said they now have a person to help low income families feed families more nutritionally. Lewis gave a brief description of the master food preserver, food safety, basic nutrition, financial and human development programs. She also spoke about the womens financial information cooperative program. Lewis said AARP works with them and provides program materials at no cost as long as the Extension Service does not charge for the program. She noted that they are also providing education information and work with a variety of different agencies in the county such as AARP, child care providers, information network, senior network, Willamette Treatment Center and LCOG's Senior and Disabled Services. Lewis stressed that they are making an effort to not duplicate services.
5. EXECUTIVE SESSION as per ORS 192.660
Time certain at 11:00 a.m.
6. COUNTY ADMINISTRATION
7. PUBLIC WORKS
a. RESOLUTION AND ORDER 96-8-7-1/In the Matter of Acquiring Fee or Other Fee or Other Interests in Portions of Certain Real Properties for the Short Mountain Leachate Force Main Project.
Ken Kohl stated that he is asking for direction to start the process for preparing easements for the pipeline for the Short Mountain leachate project. He explained that they are not actually expending dollars and that this request was just to start the process to set terms in the event that the decision is made to go ahead with the pipeline. Kohl stated that they would like to get one step accomplished for the future.
Weeldreyer said that they have already expended money by having an independent analysis prepared and further stated that negotiating takes staff time. She explained that this independent analysis would be coming next week and questioned the message that starting on the pipeline without waiting for the results of the report would send to the public. Weeldreyer requested that this matter be delayed a week. She stated that she did not feel right voting on this today.
Green said he believed that they were being open-minded and stressed the need to continue on a dual track. He stated that he did not see any problem with continuing in this direction and did not feel they were sending any negative messages.
Dumdi agreed that this item should be tabled until next week when the report will be available.
This item was scheduled to come back next week.
b. DISCUSSION AND DIRECTION/Implementing Lane Code Chapter 16, Section 212, Relating to the Regulation of Development Within the Exclusive Farm Use Zone.
Kent Howe explained that this was a follow up to a discussion on July 2. He said that there were two areas that needed more discussion. Howe said the first one dealt with the issue of the Goal 3 Farm Land Rules. Howe said this rule did not implement Lane County code. He stated that the rule was challenged by Lane County and that the Court of Appeals ruled in the County's favor (see material on file).
Dumdi said that there are several things in the code that Lane County has been doing over time and that these new rules suddenly precluded them. However, Dumdi explained that because Lane County is considered a marginal land county, Lane County is able to continue with their code according to the law. She said she believed they ought to be kept in place as long as Lane County is abiding by the statutes that govern the particular land use laws and as long as the Court of Appeals has ruled in the County's favor.
Weeldreyer stated that she concurred with Dumdi's rationale for keeping current practices and for having applicants sign a document that recognizes that they are in violation of an administrative rule but that their application is in the spirit of the legislative intent.
Van Vactor asked if the purpose of having the applicant sign a Hold Harmless Clause was to acknowledge that they could be subject to a potential legal challenge from an appeal in the future and that they are proceeding at their risk.
Howe replied that that was correct and said that they would continue to require that any applicant sign a Hold Harmless Agreement for Lane County in case the Supreme Court should overturn any of the decisions that have been made so far.
Howe went on to say that the second item to be discussed was the Brentmare v. Jackson County issue which has to do with replacement dwellings in the exclusive farm use zone. He noted that there is a definition of a residential site in Lane County code which states that the residential site is to be no less than 60 by 100 feet in dimension or roughly the size of a normal city lot. Howe said that the replacement dwelling provision can be argued that the code for replacement site does not require the replacement building to be in the same footprint as the dwelling being replaced because there is a normal city lot size that it could occur anywhere on. However, he said, on the other hand, if that is not looked at as a siting standard but rather as an additional criteria, it would limit the siting of the new dwelling to the same location. He stated that this is a significant use application process and said that people request a number of these every year to replace existing dwellings. He remarked that the new rules for both the forest land provisions and the farm land provisions do not require replacement on the same site and said that this is a provision that is unique to Lane Code. Howe said the method of operation to date has been to require applications requesting a different location to go through a variance process.
Dumdi stated that she has a problem with governmental agencies telling people where they have to place their house. She said a person should be able to relocate their house as long as it does not violate Lane County land use laws.
Weeldreyer commented that for some EFU zoned properties, a house may have been placed on prime soil years ago and now, as people become more aware of classes of soil, property owners are finding they could regain high soil value in farm applications. Weeldreyer said in the case where the County rule is more stringent than what is written in the State language, she would like to have commissioners and Land Management staff make calls on a site-to-site basis. She stated that Lane County is not mandated to have this by state law.
Howe stated that, in general, the siting standards will address the impact issues to some degree on surrounding farm and forest lands. He explained that the intent of siting standards is to minimize impacts that would be created by the dwelling being in close proximity to a property line.
Green said he has a note from Commissioner Rust on this issue and he indicates that he is in favor of the staff recommendations of Options 3 and 5.
Dumdi reiterated that as long as it fits all other land use requirements, a house should be able to be moved as long as they are in compliance. The impact on adjoining properties is going to be nonexistent in most cases.
Weeldreyer stressed that she would not support this if she thought that it would go in tandem with a change in the zoning of parceling out land as she did not want to see a person able to apply for a zone change by moving a house location and thereby losing a large acre for farm use. Weeldreyer stated that this should not weaken protection of farm land. She believed there should be enough safeguards to give property owners the flexibility that they desire and at the same time make sure that our farm and forest land is protected.
Green summarized the Board position as recommending Options 3 and 4.
Kohl said that by taking action on Option 4, they are removing the same site requirement for a replacement dwelling. He said he would have the code amended to reflect this change.
c. ORDER 96-8-7-2/In the Matter of Appointing One Member to the Resource Recovery Advisory Committee.
MOTION: To Appoint Michael Gannon to the Resource Recovery Advisory Committee. Dumdi MOVED, Weeldreyer SECONDED. VOTE: 3- 0.
Van Vactor questioned whether the title of this committee tended to give a narrow scope. He suggested that the Board review this committee regarding the scope of their work.
Van Vactor said that Policy & Procedures would be assigned to look at committee policies and charges.
8. CONSENT CALENDAR
A. Approval of Minutes: None.
B. Assessment and Taxation
1) ORDER 96-8-7-3/In the Matter of Refunds to Rosboro Lumber Company.
C. Human Resources and Management Services
1) ORDER 96-8-7-4/In the Matter of Authorizing the Director of Human Resources and Management Services to Effect an Interfund Loan to the Health & Human Services Fund in an Amount Not to Exceed $1,000,000.
2) ORDER 96-8-7-5/In the Matter of Establishing a Revolving Fund for the Lane County Department of Information Services.
1) ORDER 96-8-7-6/In the Matter of Establishing One Full-Time Program Services Coordinator Position.
E. Public Works
1) RESOLUTION, NOTICE OF HEARING AND ORDER 96-8-7-7/In the Matter of Vacation of a Portion of County Road Number 1401 (Playway Road) Being in Section 19, Township 18 South, Range 4 West of the Willamette Meridian (Public Hearing: October 2, 1996, 1:30 p.m., Harris Hall Main Floor).
2) RESOLUTION AND ORDER 96-8-7-8/In the Matter of Setting a Public Hearing on the Proposed Surrender of a Portion of Jasper Road, County Road Number 49, to the City of Springfield. (Public Hearing: September 18, 1996, 1:30 p.m., Harris Hall Main Floor)
F. Youth Services
1) ORDER 96-8-7-9/In the Matter of Approving a Two-Year Contract With Looking Glass Family Services, Inc. in the Amount of $1,476,931.00 to Provide Residential Drug and Alcohol Treatment Services for Delinquent Youth and Authorizing the County Administrator to Execute the Contract.
MOTION: Approval of the Consent Calendar. Dumdi MOVED, Weeldreyer SECONDED. VOTE: 3-0.
9. REVIEW ASSIGNMENTS
Weeldreyer and Rust will explore options within the RV code language and will work with the Dutton family and Land Management.
Order 96-8-7-1 rescheduled to August 14, 1996.
Land Management will process the amendment to the code.
Policy & Procedures will review advisory committees and task forces regarding charges and completion of missions.
10. EMERGENCY BUSINESS
The meeting recessed at 10:32 a.m. to reconvene into executive session at 11:00 a.m.
Zoanne Gilstrap, Recording Secretary
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