APPROVED APPROVED 10/11/94
August 10, 1994
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - following HACSA
Chair Jerry Rust presided with Steve Cornacchia, Ellie Dumdi, Marie Frazier and Jack Roberts present. Sharon Giles, Recording Secretary.
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
David Atkin, 259 East 5th, spoke to alert the Board of a land use problem with regard to the Cougar Preservation Resources facility. Atkin distributed a letter and pictures (see material on file). He indicated that the plan was to construct a residence on the property and have this use allowed as a home occupation. Atkin remarked that a study indicates that the property is over 50% high quality agricultural soils which imposes strict rules on the development of a house on the property, thus making it impossible to obtain the home occupation. He stressed that there is nearly $100,000 of work invested in this project, now housing nine cougars. Atkin indicated that the new planning laws allow for building a house if two-year income requirements can be met and that intensive blueberry agriculture is being done. He stated that if the facility is shut down, it will be difficult to find placements for these cougars. Atkin remarked that the group will be asking for a stay of any order to close down the facility immediately to give them time to deal with this.
Responding to Rust, Dumdi stated that the problem is with the LCDC rule changes, noting that Maple Drive is prime agricultural land and this use is not "grandfathered" in. Cornacchia stated his concern that cougars should not receive special treatment that constituents are being denied by the Board. Rust remarked that it is Mr. Sebring's property rights that he is interested in. Frazier questioned whether the issue centers on the use of the property or the need for a dwelling. Atkin responded that there is hope that some provision will be found to allow the activity to continue, perhaps as a park; while a dwelling is not an absolute necessity.
Patsy Hand, 5159 Solar Heights, remarked that she is involved with Cougar Preservation Resources and is here as a citizen advocate. She indicated that she firmly believes there is always a way to make an exception. Hand distributed information and pictures regarding Cougar Preservation Resources (see material on file). Rust cited several instances where methods have been found to facilitate a desired land use.
3. COMMISSIONERS' ANNOUNCEMENTS
To be held later in the day.
4. COMMISSIONERS' BUSINESS
a. DISCUSSION City of Lowell Road Fund Budget.
ORDER 94-8-10-24 Amending an Intergovernmental Agreement with the City of Lowell for Economic Development Assistance Program Funding and Authorizing the County Administrator to Execute the Amendment.
Frazier welcomed Wes Weathers, Mayor of Lowell. Weathers reviewed the information (see material on file) detailing the need for an additional $101,000 in EDAP funding.
MOTION: Approval of the Order. Frazier MOVED, Roberts SECONDED. Responding to Cornacchia, Weather indicated that 120 jobs were anticipated.
5. EXECUTIVE SESSION as per ORS 192.660
To be held later in the meeting.
6. COUNTY ADMINISTRATION
To be heard later in the meeting.
b. ORDER 94-8-10-1 Receiving Unanticipated Grant Funds to Increase Appropriations in the Amount of $200,000 in Revenues and Expenses in Fund 35, Capital Improvement Fund.
MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. Responding to Cornacchia, Peter Thurston, Community and Economic Development Coordinator, stated that the source of the $33,000 match was Fund 14, some funds that were not utilized in Courthouse/PSB building improvements.
c. ORDER 94-8-10-2 Appointing One Member to the Community Corrections Advisory Committee.
MOTION: Approval of the Order appointing Bruce Pilling to the vacancy. Roberts MOVED, Dumdi SECONDED. Roberts commented that this is a good appointment, but recommended trying for more gender balance with the next vacancy.
7. PUBLIC WORKS
a. CONTINUED DISCUSSION Leachate Irrigation Options for the Short Mountain Landfill.
Mike Turner, Waste Management Manager, briefly reviewed his agenda memorandum, indicating that he was looking for direction from the Board on how to proceed with acquiring an option on the desired property. Rust noted that there are 580 acres owned by the County, with approximately 50 in use for the facility and 150 in wetlands. He questioned why, with a balance of 280 acres left to utilize, it was necessary to acquire additional property. Turner responded that they could stay on site, but there is less likelihood of receiving approval from DEQ. He cited the technical costs involved in upland and wetland disposal. Turner indicated that the recommended option carries with it the most reasonable cost and most likelihood of approval.
Cornacchia stressed his desire to deal with impacts and asked Turner to detail his written and verbal contacts with affected neighbors. Turner stated that there had been no public contact as he did not believe direction had been received to do that. Frazier recalled that Turner had agreed in June that he would initiate contact with affected property owners/residents. Cornacchia referred Turner to the June 15 meeting minutes and emphasized that the Dexter Shop situation clearly indicates the need to look at public impacts ahead of time. Rust expressed concern that the preferred alternative would take pressure off of Waste Management to review other options with DEQ, including a thorough evaluation of staying on site. Turner reiterated that he still believes the preferred alternative is the best long term option.
Roberts summarized that the Board wants public involvement and feedback, along with a thorough exploration of the alternatives, including reaching out to DEQ to find out under what conditions they would allow remaining on site. Frazier declared a commitment to work with Turner's office to get community input on the issue. Turner stated that the fall of 1995 has been targeted for implementation of a new system. He agreed to get the information requested by the Board and report back during the first week in October.
c. ORDER 94-8-10-4 Electing Whether or Not to Consider an Appeal of a Hearings Official Decision Denying an Application for a 24-Space Recreational Vehicle Park (File PA 0613-92; South Shore Ski Club, Inc.).
This item was taken out of order.
Mike Copely, Associate Planner, referred the Board to the staff report, indicating that the Director believes the appeal does not meet County standards. Rust requested ex parte contacts. A brief discussion ensued on the need for ex parte contacts and whether this particular process is quasi-judicial. Stephen Vorhes, Assistant County Counsel, reported that this exercise is part of a quasi-judicial proceeding, stating that this is a "cautionary" opportunity for disclosure. With regard to a previous discussion regarding public comment, Vorhes observed that the risk there is getting additional material outside of the process that has been established. Responding to Cornacchia, Vorhes indicated that once one public hearing has been held somewhere in the process, the Board could make a determination on an appeal based solely on the written record, without hearing from the parties, if the process were established in that fashion.
No ex parte contacts were declared. Roberts stated that he was not inclined to have a hearing as this appeal does not meet the criteria. Cornacchia expressed concern about status quo versus the intensification of use. He asked whether the property owner, if no appeal is heard, would be at risk from adjoining neighbors who may want to prohibit the past/current use. Vorhes remarked that the application is for intensification and one way to assure the previous use is with a Verification of Non-Conforming Use. Roberts observed that, in this case, the issue of current use is not a part of the record, stating that, therefore, it is not appropriate for the Board to address that issue. He noted that the parties can appeal at any point. Responding to Frazier, Copely stated that the term "frequency" is subjective, but to him it means once or twice a year or regularly enough that a pattern would be formed. Frazier indicated her support to hear the appeal based on the issue reoccurring with frequency. Dumdi opposed hearing the appeal as it does not fit the criteria, remarking that she does not want to see the current use restricted. Cornacchia advocated hearing the appeal based on countywide significance and reoccurring with frequency. He cited the need for policy guidance with regard to a private recreational park becoming a defacto commercial situation. Rust observed that the criteria is subjective, but indicated that he does not believe this matter meets any of the criteria. He spoke in favor of terminating the Board's involvement and suggested that fixing the status quo would be legitimate via application for a Verification of Non-Conforming Use.
MOTION: Approval of the Order not to hear the Appeal. Rust MOVED, Roberts SECONDED. VOTE: 3-2, Cornacchia and Frazier dissenting.
This meeting recessed at 10:38 a.m. to reconvene at 10:58 a.m.
b. RESOLUTION AND ORDER 94-8-10-3 Appropriating Unanticipated Revenues and Expenditures in the Special Revenues/Services Fund (Fund 28) and Awarding a Contract for Demolition of the Westfir (Catching) Dam.
MOTION: Approval of the Order approving the recommended Option 1. Cornacchia MOVED, Frazier SECONDED.
d. ORDER 94-8-10-5 Electing Whether or Not to Consider an Appeal of a Hearings Official Decision Affirming the Planning Director's Denial of a Vested Right (File PA 0434-93; Hildebrand).
Rust asked for ex parte contacts and none were declared. MOTION: Approval of the Order not to hear the appeal. Roberts MOVED, Dumdi SECONDED. Cornacchia questioned who has the burden of proof of abandonment, indicating he thinks the issues of abandonment will reoccur with frequency. Frazier agreed with Cornacchia, noting that if abandonment had not been determined, the issue of vested right would not be an issue. Roberts observed that no positive, affirmative actions were taken by this property owner to keep the use viable. He indicated that he does not believe this matter meets the criteria. Dumdi concurred with Roberts. Rust stated that he does believe it is likely to occur again and needs policy guidance.
Responding to Cornacchia, Vorhes agreed that one of the issues in the appeal is the intent to abandon. He indicated that the initial burden of proof is on the applicant. Vorhes stated that one of the difficulties in deciding to hear the appeal is how to reopen the record for additional evidence. He cited one option is to send it back to the Hearings Official and another is to open the record, notifying the parties of that opportunity.
VOTE: 1-4, Cornacchia, Dumdi, Frazier and Rust dissenting.
MOTION: To hear the appeal based on Criteria 2 (the issue will reoccur with frequency) and the need for policy guidance. Frazier MOVED, Cornacchia SECONDED. Rust indicated that he assumed staff would contact the applicant if it is decided to hear the appeal and advise them of their opportunity to provide further information.
VOTE: 4-1, Roberts dissenting. Copely indicated he would return to the Board with an Order electing to hear the appeal. Cornacchia requested that the notice to parties include elements of the Board's discussion.
e. ORDER 94-8-10-6 Appointing One Member to the Lane County Planning Commission.
MOTION: Approval of the Order appointing Clay Myers to the vacancy. Cornacchia MOVED, Frazier SECONDED.
f. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance PA 1061 Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Marginal Land" and Rezoning that Land from "E-25/Exclusive Farm Use" to "ML/Marginal Land," and Adopting Savings and Severability Clauses (File PA 1347-94; Dean) (Second Reading and Public Hearing: August 24, 1994, 1:30 p.m., Harris Hall Main Floor).
Rust read this ordinance into the Record. MOTION: Approval of the First Reading and Setting Second Reading and Public Hearing for August 24, 1994 at 1:30 p.m. Frazier MOVED, Dumdi SECONDED. VOTE: 5-0.
10. HEALTH AND HUMAN SERVICES
a) RESOLUTION AND ORDER 94-8-10-21 Accepting an Intergovernmental Agreement with the State of Oregon, Children's Services Division in an Amount Not to Exceed $45,430; Increasing the Appropriations in Revenues and Expenditures in an Amount Not to Exceed $45,430; Establishing an Additional 1.0 FTE Public Health Nurse Position; and Delegating Authority to the County Administrator to Sign an Intergovernmental Agreement with the State of Oregon, Children's Services Division.
This item was taken out of order.
MOTION: Approval of the Order. Cornacchia MOVED, Roberts SECONDED.
6. COUNTY ADMINISTRATION
John Goodson, Acting County Administrator, observed that there is a contract out on Lorane Highway and Public Works became aware yesterday that a slide is occurring. He indicated they are selecting a geotechnical engineer to assist in designing a method to stabilize the slide.
City of Eugene
City of Veneta
City of Creswell
MOTION: Approval of the Plats. Dumdi MOVED, Frazier SECONDED.
9. CONSENT CALENDAR
Cornacchia asked that Item 9.E.2. be pulled from the Consent Calendar.
A. Approval of Minutes:
June 7, 1994, Work Session, following HACSA
June 8, 1994, Regular Meeting, 1:30 p.m.
June 15, 1994, Regular Meeting, following HACSA
June 15, 1994, Regular Meeting, 1:30 p.m.
July 19, 1994, Joint BCC/Roads Advisory, 12:30 p.m.
B. Assessment & Taxation
1) ORDER 94-8-10-7 Refunds to H.J. Heinz Company and Cuddeback Lumber Company.
C. County Administration
1) ORDER 94-8-10-8/In the Matter of Authorizing the County Administrator to Execute an Intergovernmental Agreement with Lane Council of Governments (L-COG) for Fulfillment of the Federal Timber Initiative Program.
D. Human Resources and Management Services
1) ORDER 94-8-10-9/In the Matter of Authorizing the Sale of Surplus County-Owned Real Property to Richard and Patricia L. Pacheco (Map #19-01-21-00-00915, Adjacent to 82429 Parvin Road, Dexter).
E. Public Safety
1) ORDER 94-8-10-10/In the Matter of Authorizing Renewal of an Intergovernmental Agreement with Willamette National Forest.
2) ORDER 94-8-10-11/In the Matter of Authorizing Renewal of an Intergovernmental Law Enforcement Agreement with City of Veneta. (PULLED)
F. Public Works
1) ORDER 94-8-10-12/In the Matter of Awarding a Contract to Wildish Construction Co. for Street Paving, Sanitary and Storm Sewer, Walnut Grove, Phases 2 & 3, Contract No. 94/95-07.
2) ORDER 94-8-10-13/In the Matter of Approving a Final Plat for a Minor Partition of the Westfir Mill Property (Map 21-35-07-40, Tax Lots 102, 103 and 125), and Authorizing the County Administrator to Sign the Plat and Related Documents and Submit the Plat to the City of Westfir for Final Approval.
3) FINAL ORDER 94-8-10-14/In the Matter of the Acceptance of Two City of Westfir Roads or Portions Thereof by Lane County.
4) FINAL ORDER 94-8-10-15/In the Matter of Establishing a Public Road (Westfir Road) as a County Road (21-35-07).
5) FINAL ORDER 94-8-10-16/In the Matter of Establishing a Public Road (Old Mill Road) as a County Road Being Located Within Section 7, Township 21 South, Range 3 East of the Willamette Meridian.
6) ORDER 94-8-10-17/In the Matter of Accepting a Deed of Land to be Used as a Public Utility Easement for International Way (17-03-15).
7) ORDER 94-8-10-18/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for International Way (17-03-15).
8) ORDER 94-8-10-19/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for International Way (17-03-15).
9) ORDER 94-8-10-20/In the Matter of Releasing, Dedicating and Accepting Parcel "A" in Redwood Estates Second Addition, Book 46, Page 18, a Parcel of County-Owned Real Estate, as a Public Road (18-02-06) (Cherokee Drive).
MOTION: Approval of the balance of the Consent Calendar. Frazier MOVED, Dumdi SECONDED.
9. CONSENT CALENDAR
E. Public Safety
2) ORDER 94-8-10-11/In the Matter of Authorizing Renewal of an Intergovernmental Law Enforcement Agreement with City of Veneta.
Cornacchia observed the File Note from Teresa Wilson and indicated his support for the County Administrator to negotiate for either a shorter written notice period or to eliminate the "continue from year to year" language. MOTION: Approval of the Order, contingent on this direction. Cornacchia MOVED, Dumdi SECONDED.
VOTE: 5-0. Rust asked Goodson to follow up with Van Vactor.
11. HUMAN RESOURCES AND MANAGEMENT SERVICES
a. ORDER 94-8-10-22/In the Matter of Awarding a Contract to Tiffany Food Services for Food and Vending Services (CP 93/94-13).
MOTION: Approval of the Order. Cornacchia MOVED, Dumdi SECONDED.
3. COMMISSIONERS' ANNOUNCEMENTS
Roberts mentioned his concern that since the Constituent Services position is funded by Public Works, there seems to be a strict position that that person can only deal with Public Works' related problems. He advocated review of this policy to see if this position's role can truly be that of helping with constituent issues. Rust supported Roberts' general intent, suggesting that perhaps some Fund 24 money could be added, if necessary. There was consensus to direct the County Administrator to work with Public Works to explore/analyze some flexibility in allowing this position to respond to county-wide issues.
Dumdi expressed condolences on the recent passing of Gordon Elliot. She also reported that Randy Franke, Commissioner from Marion County, was installed as the new national president at the NACo conference last week.
Frazier briefly discussed a potential 80% fee increase by LRAPA to industries that produce air contaminants. She indicated she would be providing the Board with further information.
Cornacchia expressed concern regarding a recent Register-Guard editorial which discussed Lane County's participation in children's issues. He indicated there had been no recognition of what the County has done, such as holding Youth Services harmless from budget cuts. Cornacchia also reported the Oakridge Justice of the Peace, Bob Peterson, is now home and recovering well from surgery.
Rust reported that he and Frazier have discussed trying to consolidate Board meetings on Tuesdays and Wednesdays of every other week for the balance of this year and that that procedure would be implemented very soon. He noted that this may necessitate an occasional emergency meeting. Cornacchia suggested that the County Administrator seek input on this issue from the Management Team.
Rust also indicated that a retreat is being planned for a Tuesday to discuss Board procedures and long range planning. Roberts stated that he would like to have discussions regarding process, procedures, service delivery, etc., without a discussion of the budget. Frazier suggested getting input from the Management Team on topics for the Board to deal with.
Rust indicated that, barring any objection, he and Frazier would be judging photographs at the Fair to award the Commissioners' Purchase Prizes.
Rust requested a report back from Public Works in response to a letter from the Staffordshire Homeowners Association regarding the Highway 58 "car camp."
Dumdi remarked that the Scandinavian Festival begins August 11 and runs through August 14.
Rust observed that the County Fair was next week, with the pie social being held at 4:00 on August 17. He added that the Board has received numerous calls regarding the changes at the fair. Rust suggested giving the Fair Board a chance and then evaluating afterward. Cornacchia remarked that it will be important for the Board to spend time there this year to get a feel for the changes and receive input.
There being no further business, this meeting adjourned into Executive Session at 11:52 a.m.
Sharon Giles, Recording Secretary
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