APPROVED Approved 8/24/99
June 30, 1999
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
Harris Hall - Main Floor - 1:30 p.m.
Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
12. COMMISSIONERS' ANNOUNCEMENTS
13. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 99-6-30-7 Amending Chapter 11 of Lane Manual to Revise Provisions Regarding Flood Hazard Studies (LM 11.020).
Thom Lanfear, Land Management, stated that this is part of Lane Countys involvement in the National Flood Insurance Program. He said that the Federal Emergency Management Agency (FEMA) provides Lane County with maps detailing flood hazard areas in Lane County. He added they received a new set of maps from FEMA which represents an upgrade from the maps they have currently. He said there are no substantial changes to the boundaries but because they represent the zone maps for the flood plain combining zone, they need to be adopted into the Lane Manual and a Public Hearing needs to take place.
Sorenson asked what the authority was for the Public Hearing.
Lanfear responded Lane Code Chapter 16.244 specifies the maps representing the zone maps for the flood plain combining zone and are to be adopted into the Lane Manual.
Commissioner Green opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.
MOTION: to approve ORDER 99-6-30-7.
Sorenson MOVED, Morrison SECONDED.
b. SECOND READING AND PUBLIC HEARING/Ordinance PA 1131 Adopting Amendments to the Rural Comprehensive Plan and the Veneta Comprehensive Plan to Enlarge the Veneta Urban Growth Boundary and Redesignate Affected Lands from a Rural Comprehensive Plan Designation to a City Plan Designation and Rezone These Affected Lands from a Lane Code Chapter 16 District to a Lane Code Chapter 10 District, Adopt Text Changes to the Veneta Comprehensive Plan Document and Adopt an Exception to Statewide Planning Goal 14; and Adopting Savings and Severability Clauses (File PA 99-5306; City of Veneta).
Mike Copely, Land Management, reported that this land is being requested to be added to the Urban Growth Boundary for the City of Veneta and needs to be removed from the jurisdiction of the rural comprehensive plan. He added the zoning needs to be changed over from a rural comprehensive zone to a Chapter 10 zone, effective until such time as the City annexes the property. He noted a Goal 14 exception was also required for the Urban Growth Boundary expansion. He reported the proposal was approved by the City of Veneta without any testimony or being contested. He added the city council adopted it on April 12 and Lane County Planning Commission recommended approval of the proposal unanimously on May 4. He said it was referred to DLCD for post acknowledgment comment and they had received no objections. He said their department recommends approval of the proposal.
Commissioner Green opened up the Public Hearing.
Green noted the decision is subject to the plan amendment and rezoning criteria cited in the agenda cover memo and attachments. He said evidence and testimony must be directed towards approval criteria, and failure to raise an issue to enable a response may preclude an appeal to LUBA. He said that only persons who qualify as parties may appeal Board decisions to LUBA.
Green asked the Board if they had any ex parte contacts.
The Board responded that they had no contacts.
There being no one signed up to speak, he closed the Public Hearing.
Morrison stated this was something that was important to the community of Veneta in regards to their overall situation with water and sewer issues and would be in support of this.
MOTION: to approve Ordinance PA 1131.
Morrison MOVED, Dwyer SECONDED.
ROLL CALL VOTE: 5-0.
c. THIRD READING AND CONTINUED PUBLIC HEARING/Ordinance 4-99 Amending Chapter 6 of Lane Code to Revise the Prohibited Noise Provisions Dealing with Railroads and Enforcement, and Declaring an Emergency (LC 6.520 - 6.535, 6.995) (Fourth Reading: July 28, 1999, 1:30 p.m., Harris Hall).
Marc Kardell, Legal Counsel, reported this came back to the Board with amendments from the last time, to add a third time period, and the newest recommendation was 7:00 to 10:00 p.m. He noted a fine of $1,000 was provided for certain instances dealing with corporations and business entities.
Sorenson noted that in his supplemental cover memorandum that in Lane Code Chapter 6, there is a possibility of a jail sentence and the citizen enforcement component was not added to that. He wanted to know if there was a citizen enforcement component to the civil enforcement provisions of the proposed ordinance.
Kardell responded there is another ordinance that would be moving what is in Chapter 6 to Chapter 5 and that would be an appropriate place for a civil right of action.
Weeldreyer asked if the three time zones that are specified are for railroad or if it will become part of the noise code for all noises.
Kardell responded they did not make the change to the other areas of the noise code; it would just apply to the retarder noise.
Commissioner Green opened up the Public Hearing.
Cheryl Crumbley, 880 Glory Drive, River Road, thanked the Board for giving this matter their attention. She asked with the way the penalties are written in, regarding a conviction or fine of not more than $1,000, if it was a daily fine as long they were in contempt or a one time fine.
Kardell understood Chapter 5 to include a maximum of $1,000, for every violation that occurs more than 15 minutes apart under the proposed language.
Crumbley asked how it would be enforced.
Kardell noted someone would have to go out to measure each violation. He said a study could be performed to find out the ambient sound level at night over a geographic area and someone could use a sound device noting when a violation occurred.
Green said he would ask the City of Eugene if they had any sound monitoring equipment and how the County could access it.
Van Vactor asked the Board if they were interested, to have a discussion with the sheriff.
Crumbley noted that Green was copied a letter from Ken Hunt, Superintendent. She said she received two letters from the railroad stating they were going to try to modify the sound. She said she also received a letter from Ken Hunt that indicated as of July 5, 1999, they will not be using the retarder in the Eugene yard. She added the noise had been less within the last couple of weeks.
Green stated he sent a copy of a tape of the public hearing the Board held earlier this month to Congressman DeFazio with a letter asking him to use whatever influence he may have to get the cooperation and encourage the railroad to be a good neighbor. He said DeFazios office had a study done and found it to be in compliance of the noise level, but Green asked for his assistance.
MOTION: to approve the Third Reading and Continued Public Hearing on Ordinance 4-99.
Dwyer MOVED, Sorenson SECONDED.
14. COUNTY COUNSEL
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 5-99 Amending Chapters 5 and 6 of Lane Code to Revise the Prohibited Noise Provisions Dealing with Railroads and to Establish Noise Infractions and Procedures and Declaring an Emergency (LC 5.600-5.635, 5.990, 6.500-6.535, 6.995) (Second Reading and Public Hearing: July 28, 1999, 1:30 p.m., Harris Hall).
MOTION: to approve First Reading and Setting Reading and Public Hearing on Ordinance No. 5-99.
Morrison MOVED, Dwyer SECONDED.
15. OTHER BUSINESS
There being no further business, Commissioner Green adjourned the meeting at 2:05 p.m.
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