BOARD OF COMMISSIONERS'

REGULAR MEETING

August 28, 2002

1:30 p.m.

Commissionersí Conference Room

APPROVED 9/17/02

 

Commissioner Bill Dwyer presided with Commissioners Bobby Green Sr., 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.

15.PUBLIC HEARINGS

 

a.FOURTH READING AND PUBLIC HEARING/Ordinance PA 1172/In the Matter of Amending the Lane County General Plan Policies (an element of the Lane County Rural Comprehensive Plan) By Revising Goal 3 Agricultural Lands Policies 1, 4, 9, 11, 13 and 14, to Comply with Statewide Planning Goal 3; By Revising Goal 4 Forest Lands Policies 3, 7 and 15 to Comply with Statewide Planning Goal 4; Adopting Savings and Severability Clauses; and Declaring an Emergency.(NBA & PM 4/3/02, 4/17/02 & 8/14/02).

 

Jim Mann, Land Management, noted the memo to the Board with the findings explaining details of the proposal.He said this was the second hearing as they had a first hearing in April.He noted there were a number of concerns raised about people wanting to have additional discussion on changes to the code that go beyond what is necessary to comply with the state rules and statutes.He noted the Planning Commission examined that matter and recommended the Board make minor changes to the ordinance.To deal with the additional changes, he asked the Board to consider them in a work session separate from the one they are involved with per recommendations of the Planning Commission.

 

Mann stated the fourth reading ordinances contain what LCDC recommended.He added they responded to comments that were submitted by Ron Eber of DLCD.Mann said Eber requested regulation of Lane County permits in the EFU zone through a special use permit process.He noted they included in the code permitted uses for property owner notification and opportunity for appeal.He stated DLCD objected to the minimum parcel size Lane County has for horticultural specialties as they felt it didnít meet the rule requirement.He said staff responded to that objection in their report and believes it is defensible.

 

Mann noted he hadnít received written comments for the fourth reading and didnít believe stated concerns went beyond state requirements, but that the Board could consider those in a separate work program effort.

 

Dwyer asked why the ordinances had an emergency clause.

 

Vorhes responded that this would preclude circulation of a referral petition for voter action, but did not eliminate the option of initiating an action to effect these regulations.

 

Weeldreyer noted the intent of the ordinance is to make Lane County language consistent with state requirements.She said this allows people who have issues with this with ways to come back for modifications.

 

Commissioner Dwyer opened up the Public Hearing.There being no one signed up to speak, he closed the Public Hearing.

 

MOTION: to approve Ordinance PA 1172.

 

Morrison MOVED, Green SECONDED.

 

Dwyer said he did not have a problem with the ordinance but wouldnít support the ordinance because of the emergency clause.

 

ROLL CALL VOTE: 4-1 (Dwyer dissenting).

 

b.FOURTH READING AND PUBLIC HEARING/Ordinance No. 5-02/Amending Chapter 16 of Lane Code to Modify Farm and Forest Zone Classifications and Regulations (LC 16.090, LC 16.100, LC 16.211 and LC 16.212) and Declaring an Emergency. (NBA & PM 4/3/02, 4/17/02 & 8/14/02)

 

Mann reported this is the ordinance for Lane Code changes and go with the policy changes just adopted.

 

Sorenson asked if there was any opposition to this.

 

Mann responded he received only the initial opposition and no other public comment.He noted those comments are attached to the Board packet.

 

Sorenson asked about the 130-foot setback in the forest zone.

 

Mann passed out language for fuel breaks (copy in file), noting it mirrors the language in the state rule.He said it states Lane County has to apply fuel fire safety breaks on property.He added there is a requirement to apply the primary fuel break and the secondary fuel break when the property owner owns the property or has control of the property.He stated if they donít own or control the property, the way the rule is written, they are then not required to have a secondary fuel break.

 

Dwyer asked why there was an emergency clause with this ordinance.

 

Mann responded it was at the request of the Board.

 

Commissioner Dwyer opened up the Public Hearing.

 

Mike Evans, 1071 Harlow Road, Springfield, Planning Consultant, encouraged the Board to adopt the new codes as it updates them to meet the new rule requirements.He said he hadnít heard any controversial issues.He noted the old Lane County Code still required a 100-foot setback if adjacent to F2 or EFU land.He added there were additional safety standards relative to fire safety access and related issues.He stated the Lane County standards are more restrictive than the minimum state requirements and more strict than most of the counties in the state.

 

Harry Taylor, P. O. Box 1420, Veneta, Land Use Consultant, stated he deals with the resource zones in Lane Code on a daily basis and it had been difficult because the County had not been in conformity with state rules. He said the changes would bring the code into consistency and urged the Board to adopt.

 

There being no one else signed up to speak, Commissioner Dwyer closed the Public Hearing.

 

MOTION: to adopt Ordinance No. 5-02.

 

Morrison MOVED, Weeldreyer SECONDED.

 

Weeldreyer supported the motion and stated she wants the emergency clause enacted.

 

Dwyer stated the emergency clause was not necessary and found it offensive.He said it was a way of depriving citizens of certain rights they might have but have not exercised, and would not support the ordinance.

 

ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting).

 

Kent Howe, Land Management, stated todayís action culminates a significant staff and citizen effort.He said they have updated the development code for Lane County, Lane Code Chapter 16, and the provisions that regulate development outside of urban growth boundaries.He added they amended the provisions for residential, commercial, industrial, park and recreation and todayís action added agricultural and forest lands.

 

16.COMMISSIONERS' ANNOUNCEMENTS

 

Green reported that he, Morrison and Van Vactor met with the Fair Board about the Planetarium.

 

Morrison noted there are 27 people who need to be interviewed for the new Land Management Task Force.She stated direction needs to be given on the interviews.

 

Sorenson recommended having the planning department circulate the resumes and come back in two weeks with whom they recommend for interviews.

 

Wilson noted that making a decision by e-mail risks a meeting by e-mail.She suggested the Board send their preferences to Ollie Snowden and he could come back to the Board.

 

Sorenson suggested having everyone give their opinion to Snowden regarding who should or should not be interviewed and they could then decide at the next Board meeting.

 

Morrison requested the applications be sent tomorrow, with the Board going through them by Tuesday, September 3.

 

Morrison reported she visited the Biscuit and Siuslaw fires.She announced Rick Rogers, State Department of Forestry, offered to do a tour on the lands that Lane County owns but are managed by the Department of Forestry so the Board could see the different management tools.

 

Van Vactor reported that Rob Rockstroh purchased a peace pole.

 

Dwyer said the peace pole issue was referred to David Suchart.

 

Weeldreyer announced that the Cottage Grove Speedway had their national show for the National Sprint Car Tour and 4,500 attended the meet.She added there was also a three-day end-of-summer concert.

 

17.CORRESPONDENCE TO THE BOARD

 

None.

 

18.OTHER BUSINESS

 

E-Coli Update.

 

Dwyer noted that with the impact of E-coli, Rob Rockstroh, Director of Health and Human Services, has five staff people working and the state has a full-time medical officer that is spearheading the study.

 

Rockstroh reported there were 15 employees working on this matter.He noted they would be performing swabs of the facility and would produce a report.He said Marion County at the State Fair promoted hand washing.He said people could put their hands under a light to show whether they could have washed their hands better.He noted Public Health want to prevent this from happening in the future.He said most people affected were children under five years of age.

 

Good Neighbor Day.

 

ORDER 02-9-4-1/In the Matter of Proclaiming Wednesday September 4, 2002 as Lane County Good Neighbor Day and Recognizing Reed and Cross.

 

Dwyer read the resolution into the record.

 

Green MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

There being no further business, Commissioner Dwyer adjourned the meeting at 3:15 p.m.

 

 

Melissa Zimmer

Recording Secretary