minhead.gif (11357 bytes)APPROVED 3/10/99

February 10, 1999
1:30 p.m. Harris Hall Main Floor

Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer,, Peter Sorenson and Cindy Weeldreyer present. Anna Morrison was excused. County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




a.  PUBLIC HEARING AND FINAL ORDER 99-2-10-10 The Vacation and Conveyance of Lane County's Interest in the McFarland Cemetery Property Located in Cottage Grove, as Described in Book 106, Page 133, Lane County Oregon Deed Records, to the Cottage Grove Historical Society (20-03-28-20-1400).

Bob Ezell, Land Management, reported that the action for the Board is to vacate the County's interest in the McFarland Cemetery Property and convey the property to the Cottage Grove Historical Society. He said the property was donated to Lane County and by all indications there were no resources to maintain the land. He added that Lloyd William, President of the Cottage Grove Historical Society, sent a letter offering to care for the site. He said provisions in Oregon law for cases like this allow the County to vacate the property to care providers, as long as the conditions are met to care for the site. He said Cottage Grove will have to take a similar action by their City Council within 150 days. He said Robert Scogin, owner of the property south of the cemetery, has agreed to provide an access easement. He added the Public Works Director is in support of this vacation and they have provided a deed for the Board to sign.

Dwyer stated it was a wonderful idea and he has no problem with the Historical Society maintaining and restoring the cemetery within this piece of property. He wanted to know if there was any way to ensure that the property would revert back to the County, if they decide to change its use.

Jeff Turk, Management Services, said the original deed from McFarland to the County specifically said it is for cemetery purposes, so it has to be used for cemetery purposes. He added there is similar language in the deed that the County is conveying the land to the historical society.

Wilson stated that the existence of a limitation on use in the deed from the County to the Historical Society sets up the potential for the County to go into Court and claim a reverter if they fail to use it for the purpose intended. She said the County has had this property and not maintained it. She said the public's interest of having this as a cemetery is on the public record. She added the issue is if the Historical Society is not able to continue managing the property, who will be able to maintain it.

Commissioner Green opened the Public Hearing. With no one signed up to speak, he closed the Public Hearing.

MOTION: to approve ORDER 99-2-10-10.

Weeldreyer MOVED, Dwyer SECONDED.

VOTE: 4-0.


Sorenson stated he went through the Future Agenda and wanted to ask about the F-1 Hearing that is the Sixth Reading and Public Hearing for March 10. He said he can't go to many meetings because many are in conflict. He said he has to go to the Bus Rapid Transit Meeting again so it poses a conflict. He said it was his sense that they came to an agreement that there was substantial disagreement about this, and they had other things they were going to be spending their time on. He said by having this put on the calendar for March 10, it will set off another round of controversy and more work for Land Management.

Green stated the Board made the commitment to come back and resolve the matter. He added at that time Commissioner Cornacchia stated he had a potential conflict and to bring it back to the new Board. He said as far as Land Management having work to do on this, the work had been done.

Sorenson said it was his preference to take a look at the volume of work they have, to look what they need to be doing in context and at this time say there is not significant consensus to put this on the agenda.

Green said he recalled Sorenson stating that this was one of the items that needed to be taken care of. He said he was confused as to why Sorenson is so hesitant to hear this matter.

Sorenson stated he wanted to deal with it by saying the Board is not going to vote on it because it is dead. He said that way they get rid of it.

Dwyer said when it comes to the meeting, he is willing to participate but he has some parliamentary moves that he is going to make and it is a way to deal with these types of issues. He said he was going to work to put it asleep.

Green stated the Board has an assignment to take care of the public's business. He said he heard from Dwyer and Sorenson that they should be taking care of the public's business.

Sorenson stated he was willing to deal with it by voting it down.

Weeldreyer noted this issue had a large amount of media interest and the public will show up for it. She said by going forward, it gives her the opportunity to vote on what she thinks is important on behalf of the F-1 landowners.

Green stated he is not supportive of moving the F-1 Hearing and will keep it for March 10, 1999 at 6:00 p.m.

There being no further business, Commissioner Green adjourned the meeting at 2:20 p.m.


Melissa Zimmer
Recording Secretary

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