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December 11, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 9:00 a.m.

Chair Bobby Green, Sr. presided with Steve Cornacchia, Ellie Dumdi (arrived at 9:05 a.m.) and Cindy Weeldreyer present. Jerry Rust excused. Sharon Giles, Recording Secretary.

1. ADJUSTMENTS TO THE AGENDA

It was noted that Item 7.C.3. has been pulled from today’s agenda and that Executive Session will be held at 11:30 a.m..

2. PUBLIC COMMENTS

Joseph Verna, 94118 Templeton Road, Junction City, discussed the marina items (6.b. and 6.c.). He expressed concern that the slip he has had at Orchard Point for 11 years has been increased to a larger slip. Verna indicated that 28 boat holders will be totally moved out and will be moved into larger slips, which they don’t need and for which they will have to pay a larger fee. He remarked that this change will totally eliminate 15-foot slips. Verna stated that he paid $171.50 last season and next year it will be $195.00. He commented that it seems larger boats with larger slips should pay a larger increase. Verna emphasized that in 1998, it is estimated that fees will be in the range of $375 to $425 per year, an increase for him over 1997 of 92%, while a larger boat owner will pay only 19% more. He questioned the composition of the advisory committee, noting that this decision seems to favor the larger boat owner. Verna asked that there be opportunity for more input before this is passed.

Bob Keefer, Parks Manager, stated that there was no intention to set this up just for larger boats. He remarked that there are extensive waiting lists and there has been a change in boat styles in recent years. Keefer indicated that it was the Parks Advisory Committee’s recommendation that the changeover/replacement of the marina be done all at once. He stated that the initial design concept is to have wider slips, but the plan is a long way from final design. Keefer remarked that he would be happy to discuss issues with Verna regarding how to accommodate smaller boats in the design plan; however, he noted that costs for a new marina will still be higher. Cornacchia stated that he wasn’t aware that a current holder would have to pay more for a larger slip if they didn’t need one and that he doesn’t want current users pushed out. Responding to Cornacchia, Keefer confirmed that some may have to pay for a larger slip that they may not need. He indicated that he expects that approximately 10 or 12 small boat owners may be impacted and he intends to work with them.

Dale Lindlay, 1120 W. Fairview Drive, #32, Springfield, commented that he is a large boat owner moored at Richardson. He remarked that there is a definite need to police the slips better as managers have been very lax in leaving slips open, noting that he counted 22 open at one time this year. Lindlay stated that there is a need to make sure that short-term users have an opportunity to rent slips that are temporarily vacated. He indicated that there is a severe security problem now that the campground is at Richardson, observing that his boat has been broken into twice and his vehicle was broken into three times. Lindlay emphasized the need for lighting security. He expressed concern about how the fee amount is being determined, noting that there is no power and no water access to wash boats. Lindlay stressed that a 26% raise in fees in one year is excessive. He also expressed concern that some people have up to four slips and sublease them.

3. COMMISSIONERS' ANNOUNCEMENTS

None.

4. EXECUTIVE SESSION as per ORS 192.660

To be held at 11:30 a.m.

5. COUNTY ADMINISTRATION

a. Announcements

None.

6. PUBLIC WORKS

a. DISCUSSION/Explanation of Amendments to Statewide Planning Goal 5 and Setting Tentative Direction for the Preparation and Implementation of a Work Program to Amend the Lane County Rural Comprehensive Plan.

Jim Mann, Senior Planner, and Kent Howe, Interim Planning Director, presented this item to the Board (see material on file). Mann referred to Attachment 1, a list of resources requiring minimal work, and Attachment 2, a list of resources requiring significant work. He noted that LCDC may add to that list. Mann explained that Mineral & Aggregate may require a great deal of work and stated that it may be an appropriate response to amend the Periodic Review Work Program. Howe reported that the metro area received a $40,000 grant to evaluate/analyze the advantages/concerns in the new Goal 5 rule and its application to the Metro Plan. He indicated that the Natural Resources Special Study team will bring back the results after the first of the year. Howe explained that there are no resources or dollars to implement Goal 5 and that staff will seek public/private grants. Staff used overhead projection to explain that the only resources are one FTE (fee generated) for long-range planning and a $30,000 grant from LCDC for Periodic Review. Howe explained that this is the total funding to go toward Periodic Review, Goal 4 forest changes, the Goal 5 rule response, Lane Code 14 and 16 changes, Florence Periodic Review, Clear Lake Watershed, Dunes City Periodic Review and riparian regulation changes. Howe emphasized that there will be a need for some planning efforts to be made when the first plan amendment for a sand and gravel operation comes through. Responding to Green, Howe indicated that the burden will be on the first applicant to provide the analysis that meets the Goal 5 rule requirements with regard to Mineral & Aggregate as it will require a study of the entire county. Mann clarified that the applicant is responsible for information on their site and its impact area, but the County will have to update zoning regulations at the same time it is processing the application. Dumdi questioned whether it may be possible to contact the University of Oregon and have a graduate student work with some of the issues. Howe indicated they could explore this issue with OSU/UO. Bill Van Vactor, County Administrator, commented that another potential source is private industry that may help fund a study. Howe stated that it is the intent to contact them and see what they are willing to do. Green encouraged strong communication with the public regarding potential delays/responsibilities.

b. ORDER 96-12-11-1/In the Matter of Approving the Lane County Parks Division’s Marina Action Plan 1996-2000.

Bob Keefer, Parks Manager, reviewed this item for the Board (see material on file). Responding to Green, Keefer indicated there are two private marinas on the lake. He stated that fees were compared mainly to the public sector, but staff also took into account private docks. Keefer stressed that it is not the intent to keep anyone from using the marina. He emphasized that the intent is to improve management and the condition of marina space and that staff is trying to balance services and fees. Keefer agreed that Parks has received complaints that there is not enough moorage space. Responding to Cornacchia’s concerns about representation on the subcommittee, Keefer indicated that out of eight positions on the committee, two were small boat owners and six were large boat owners and those waiting for slips. Responding to Green, Keefer explained that he sent a letter in January to all moorage holders regarding timely fee payments and planning being done for the future and received only two or three letters. He noted that The Register-Guard also did an article in May. Keefer reported that he sent a recent letter with a summary of the issues and received three or four comments. He emphasized that he has kept the public informed as this has progressed. Responding to Cornacchia, Keefer indicated that those who have slips that will be eliminated (42) have not been notified yet, but 28 of those were not used. He continued that there are 10 or 12 boat owners who will be put into a larger slip than they will need. Cornacchia expressed concern that the first $80,000 of user fees goes into the general Parks’ budget. He indicated his interest in building a marina that accommodates all groups. Weeldreyer asked if there is any way to adjust the fee schedule so that the 10 to 12 people are not financially penalized, without jeopardizing the plan. Keefer stated that perhaps a base fee, plus an additional charge for the particular size of a boat would be fairer, although it is more complex. Keefer indicated that there is an opportunity to plan the design for the new marina to accommodate smaller boat owners. Van Vactor suggested that, assuming there are 14 small boat owners who may be impacted, Parks could keep 16 smaller slots available for them. Green offered his support for the idea of a base price, plus a charge for the size of the boat.

Cornacchia emphasized that marina monies generated by the marina should stay at the marina. Keefer explained that part of the moorage fee includes a season pass to Orchard and Richardson Parks. He also noted that a portion of the fees goes towards upkeep of the parks/facilities that the boaters use.

Keefer indicated that he would like to come back next week and clarify the issue of moorage fees for small boats, refining the numbers and providing rationale. He remarked that he would also address the minimum stay issue. Weeldreyer asked for comment on a base rate plus footage fee versus a fixed fee at the same time. Michael Copely, owner of a large boat, stated his belief that the season is actually four months. He indicated that he had suggested a minimum stay of 60 days instead of 90 days and the advisory committee compromised with 75 days. Copely also expressed concerns regarding control/enforcement of the time frame.

Responding to Cornacchia regarding the issue of minimum stay, Keefer indicated that the rationale is to attract people who really want to use the marina on a regular basis. Responding to Dumdi, Keefer remarked that the rules allow for the managers to rent out a space even though a person has not given their permission if it is known that they will be gone a substantial amount of time. Responding to Cornacchia, Teresa Wilson, County Counsel, explained that what people are buying is the right to first use of the slip. She stated that an additional factor is that as trustees of a public resource, one responsibility is to maximize the public’s use. Cornacchia asked to receive a copy of the moorage agreement today. Weeldreyer asked to see the financial impact to the moorage holders to provide incentive to notify the marina manager when they will be gone and have a percentage of the daily/weekly rental fee come back to them as compensation.

This Order was carried over to next week’s agenda.

c. ORDER 96-12-11-2 In the Matter of Amending Chapter 18 of Lane Manual to Amend Certain Moorage Fees and Moorage Regulations (LM 18.110 and 18.125).

This Order was carried over to next week’s agenda.

This meeting recessed briefly at this point.

d. ORDER 96-12-11-3/In the Matter of Electing Whether or Not to Consider an Appeal of a Hearings Official Decision Denying a Farm-Related Dwelling Within the Exclusive Farm use Zone E-25/FP/RCP (Saunders, PA 4120-95).

Michael Copely, Associate Planner, reviewed Donnalee Newman’s memorandum (see material on file). Responding to Green, Cornacchia remarked that the hearings official is saying that other value-added income can’t be added to the value of the crops themselves. Cornacchia asked if there is an administrative rule/case law/statute that says owners cannot use value added as part of the total income produced from property. Copely commented that the key statement in the statute speaks to $20,000 earned from perennials "upon harvest." Cornacchia stated that he would like to hear the facts of the case, observing that if the crop needs another step offsite to maximize the investment then it seems it should be counted. He indicated that he would like to hear the applicant make that argument and hear statutory arguments against it. Cornacchia stated that he thinks there is countywide significance regarding onsite versus offsite. Stephen Vorhes, Assistant County Counsel, stated that, to his knowledge, there are no cases interpreting this particular issue.

MOTION: To hear the appeal based on the basis that the issue is of countywide significance and could reoccur with frequency and there is a need for policy and guidance. Weeldreyer MOVED, Cornacchia SECONDED.

VOTE: 4-0. Staff was directed to prepare a new order to come on the consent calendar.

7. CONSENT CALENDAR

A. Approval of Minutes: None.

B. Health and Human Services

1) RESOLUTION AND ORDER 96-12-11-4/In the Matter of Appropriating an Additional $62,863 in Revenues and Expenditures in Fund 86 for Individuals with Developmental Disabilities (PAAF 54 to the 1995-97 Intergovernmental Agreement 20-001).

2) RESOLUTION 96-12-11-5/In the Matter of Accepting Revenues from the State of Oregon; to Increase Appropriations in the Amount of $26,000 in Fund 85 for FY 96/97; and Delegating Authority to the County Administrator to Sign an Intergovernmental Contract with the State of Oregon, and a Subcontract with Catholic Community Services.

3) ORDER 96-12-11-6/In the Matter of Appropriating an Additional $11,999 in Fund 86 in the Department of Health and Human Services.

C. Public Works

1) RESOLUTION AND ORDER 96-12-11-7/In the Matter of Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for the Improvement of Mount Vernon Road & South 57th Street.

2) RESOLUTION AND ORDER 96-12-11-8/In the Matter of Acquiring Fee or Other Interests in Certain Real Properties or Portions Thereof for the Improvement of Lorane Highway (McBeth to Bailey Hill).

3) ORDER 96-12-11-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 728 (Thornton Lane) (20-03-27).  (PULLED)

4) ORDER 96-12-11-10/In the Matter of Releasing, Dedicating, and Accepting a Portion of Parcel "B", in the Plat of Castlewood, Book 44, Page 4, a Parcel of County Owned Real Estate, as a County Road (17-04-13) (East Rosewood Avenue).

It was noted that Item 7.C.3. was pulled from the agenda.

MOTION: Approval of the balance of the Consent Calendar. Cornacchia MOVED, Dumdi SECONDED.

VOTE: 4-0.

8. HUMAN RESOURCES AND MANAGEMENT SERVICES

a. ORDER 96-12-11-11/In the Matter of Amending the Classification and Salary Range for AIRS Technical Supervisor.

Cheryl McCawley, Personnel Analyst, reviewed her agenda memorandum (see material on file). Cornacchia commented that if restructuring had been done correctly in 1993, these issues should have been taken care of; and if it was done right to begin with, then the only pressure for this change is that the 3-year frozen salary limit is now up. McCawley remarked that this was not accurately factored the first time due to an inaccurate job description.

MOTION: Approval of the Order. Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 3-1, Cornacchia dissenting.

9. COMMISSIONERS’ BUSINESS

a. Evaluation/Teresa J. Wilson.

Postponed.

10. REVIEW ASSIGNMENTS

Not done today.

11. EMERGENCY BUSINESS

None.

There being no further business, this meeting adjourned into Executive Session at 11:28 a.m.

Sharon Giles, Recording Secretary

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