August 24, 1994

1:30 p.m.

Harris Hall Main Floor


Chair Jerry Rust presided with Marie Frazier, Steve Cornacchia and Jack Roberts present.  Ellie Dumdi excused.  Beth McAllister, Recording Secretary.


Rust opened the meeting and asked if anyone signed up for Public Comment.


Florence Brown, 24164 Hwy. 36, Cheshire, represents the grandmothers for family justice.  She stated that she came to the meeting today to listen to the qualifications of John Ball and hopes that her group is able to work with him.








a. ORDER 94-8-24-1/In the Matter of Authorizing the County Administrator to Enter Into a Professional Services Contract with John Ball to Serve as Executive Director of the Lane County Commission on Children and Families.


Jeff Luke stated that he is here today to seek the Board's approval on this item.  He remarked that when the planning board was looking for a person, they felt very fortunate to find out that John Ball was available.  He stated that a year contract would be in the best interest of all the parties involved and feels that John Ball will be a good leader for the commission.  Frazier asked for clarification on personnel policies on hiring.  Terry Wilson stated that there is no statute to form on how the commission is staffed.  She stated that hiring a director through a contract falls within the County's Home Rule powers.  Frazier also questioned if the dollars for the position were administrative dollars and therefore no money was being taken away from any of the programs.  Jeff Luke affirmed this.  Cornacchia stated that he is concerned that the three staff people are all managerial positions and that there are not enough "worker bees."  He stated that he will only support this for the 11 months and that there should not be any expectations of continuation created without doing an analysis first. 


MOTION:  To approve the Order.  Roberts MOVED, Cornacchia SECONDED.  Roberts thanked Cornacchia for his comments.  He agreed that "worker bees" are needed and remarked that the staffing issue should be looked at after the next legislative session.  He remarked that John Ball is uniquely qualified for this position due to his help in the setup of the Youth Development Commission.  Roberts stated that he accepts full responsibility for advocating for this.  Rust stated that he agrees with Roberts' and Cornacchia's comments.  VOTE:  4-0.


b. CONTINUED DISCUSSION, RESOLUTION AND FINAL ORDER 94-6-8-1/In the Matter of the Vacation of a Portion of East 43rd Street as Deeded in Book 236, Page 155, Lane County Oregon Deed Records (18-03-16).


Rust recognized Larry Thorpe, due to him wanting to ask for a continuation.  Mr. Thorpe stated that it doesn't look like it is going to work out and that there is no reason to request a continuation.  Bob Ezell, County Surveyor, stated that this item dates back to June 8th and as of today there has been no agreement between the two parties.  He stated that he received material from the Lands dated August 22nd, but the Board had stipulated that material needed to be in no later than August 17th.  He stated that it is up to the Board if they want to receive this additional material.  Terry Wilson stated that if the Board wants to accept information dated August 22nd, they need to open that up for both sides.  Rust stated that the Board gave the date of the 17th and does not think it should be reopened; the rest of the Board agreed.  Cornacchia stated that there are legitimate requests being made outside of the vacation.  One is that everyone dedicate the appropriate roadway necessary so everyone has the same amount of opportunity in that area; second, if that is done, then there is consideration for any benefit that accrues to one and not to another; and third, that the interests of the current development on this tax lot be protected.  He stated that he does not understand why people cannot be reasonable and work this out together.  He noted that this is all irrelevant to what he needs to base his decision on.  He stated that his decision needs to be based on whether the general public is benefitted by the vacation.  He remarked that this has not been shown to him.  Roberts agreed with Cornacchia's comments and stated that it is unfortunate that an agreement has not been reached, but also reiterated that the Board's role is to approve a vacation and the rule of thumb is that it has to be in the public's best interest.  He stated that he, along with Cornacchia, would have to deny the vacation of the road.  Frazier concurred. 


MOTION:  To deny Order 94-6-8-1 on the grounds that there has not been a showing that such a vacation would be in the public's best interest.  VOTE:  4-0.




a. PUBLIC HEARING AND ORDER 94-8-24-2/In the Matter of Authorizing the Conveyance of Approximately 1.32 Acres of Linslaw County Park to the State of Oregon for the Purpose of Widening Oregon State Highway 126 in the Vicinity of Linslaw County Park and Authorizing the County Administrator to Sign a Permit of Entry and Negotiate a Fair Market Value and Payment for the Real Property.


Bob Keefer noted that no harm will be done to the park by doing this.  He stated that the preliminary estimate for the value of the property is in the range of $8500-$9000.  He remarked that the appraisal has not been received yet.  He stated that the project will be done next spring and summer, but everything needs to be committed at this time.


Rust opened the Public Hearing.  No one signed up for the Public Hearing.  Rust closed the Public Hearing. 


MOTION:  To approve the Order.  Roberts MOVED, Cornacchia SECONDED.  Cornacchia remarked that this is a good place for a passing lane.  VOTE:  4-0.


b. SECOND READING AND PUBLIC HEARING/Ordinance PA 1061/In the Matter of 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).


Michael Copely stated that staff has evaluated this and that it does meet marginal land requirements.  He stated that the planning commission recommends approval of this and that there was no opposition at the planning commission hearing.  Cornacchia asked if this also included DLCD.  Copely responded that DLCD did not make an appearance in terms of written or personal contact.  He stated that Jim Mann did receive a letter from DLCD stating that they did not agree with this interpretation, but were not going to challenge or contest it.


Rust opened the Public Hearing.  He stated that no one signed up for the Public Hearing.  Rust closed the Public Hearing.


MOTION:  To approve the Ordinance.  Roberts MOVED, Frazier SECONDED.  The secretary polled the Board.  VOTE:  Frazier, Cornacchia, Roberts and Rust voted AYE.


There being no further business, the meeting adjourned at 2:05 p.m.



Beth McAllister, Recording Secretary.

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