BOARD OF COMMISSIONERS'

REGULAR MEETING

February 6, 2002

9:00 a.m.

Commissioners’ Conference Room

APPROVED 4/10/02

 

Commissioner Bill Dwyer presided with Commissioners, Bobby Green, Sr., Anna Morrison, and Peter Sorenson present.  Commissioner Cindy Weeldreyer was available via speaker telephone.  County Administrator Bill Van Vactor, Teresa Wilson and Stephen Vorhes of the Office of the County Counsel, Jerry Kendall of the Land Management Division, Myra Wall of Lane Council of Governments, and Recording Secretary Daniel Lindstrom were also present.

 

1.  ADJUSTMENTS TO THE AGENDA

 

Chair Dwyer announced that changes would be made to the agenda, as follows:

 

It would be recommended to table Item 6.c., First Reading and Setting Second Reading and Public Hearing regarding Ordinance PA1169/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Lane from “Agricultural” to “Marginal Land” and Rezoning that Land from “E-40/Exclusive Farm Use” top “ML/Marginal Land,” and Adopting Savings and Severability Clauses.

 

Item 7.c., Order 02-2-6-4/In the Matter of Approving Purchase of Real Property to be Used for the Construction of a New Road Maintenance Shop Facility, would be removed from the Consent Calendar.

 

2.  EXECUTIVE SESSION as per ORS 192.660

 

None. 

 

3.  PUBLIC COMMENTS

 

Carolyn Shawgo, 250 West Broadway, Apt. 150, Eugene, stated that she was an employee of Lane County Mental Health.  She distributed copies of a November 9, 2001, article from The Register-Guard in which she described her work as a Red Cross disaster volunteer in New York City.  She reported that co-workers in her department were willing to donate accrued vacation time to allow her to return to New York City to continue her work.  She asked for the support of the Board to allow it to happen.

 

Mr. Van Vactor stated that he had been informed that Ms. Shawgo was eligible to have 80 hours of co-worker’s accrued vacation time credited to her benefits account.

 

Commissioner Sorenson expressed appreciation for the volunteer work of Ms. Shawgo.

 

Lauri Segel, 1210 East 29th Place, Eugene, stated that she represented 1000 Friends of Oregon and supported adoption of the Metropolitan Natural Resource Study.  She said she was concerned that the process leading to its approval by the Board was one-year behind schedule. She reviewed 15 years of effort to establish policies in compliance with State Planning Goal 5 and to complete a Natural Resource Inventory.  She read a statement supporting the need for completion of the approval process.

 

Commissioner Sorenson asked which local governments needed to approve the Metropolitan Natural Resource Study, if citizens could delay similar requirements, and if the Oregon Department of Lane Conservation and Development (DLCD) could take any action if the study was not completed.  Ms. Segel replied that Goal 5 policies did not exist without the study and that the state was able to force Goal 5 criteria on an area if a study was not completed.

 

Chair Dwyer reported that the Metropolitan Policy Committee (MPC) was scheduled to consider issues related to the Natural Resource Study at its meeting on March 14.

 

4.  COMMISSIONERS' BUSINESS

 

A.  Appointments

 

Commissioner Green reported that five members needed to be appointed to the Public Safety Coordinating Council (PSCC).  He said vacant ex officio positions designated by the Lane Manual needed to be filled, as follows:

 

1)  Thad Buchanan – Replacing Jim Hill as Eugene Police Chief.

2)  John Radich – Replacing Susie Dey as Regional Director of Oregon Department of Human Services.

3)  Lisa Smith – Replacing Steve Carmichael as Director of Lane County Youth Services.

 

Commissioner Green stated that, as Chairperson of the PSCC Prevention and Juvenile Justice Committee, he had met with the Chairs of two other PSCC Standing Committees and reviewed applications for appointment.  He said the committee had agreed that Ted Lewis be recommended for appointment to the vacant citizen position on the PSCC.  He said the committee had also agreed that Ken Viegas be recommended for appointment to the other citizen position.  He explained the reasons for the recommendations.  He said the PSCC Policy Committee and PSCC had both supported the recommendations.  He said the terms of all of the positions expired on December 31, 2006.

 

MOTION:  to approve ORDER 02-2-6-1/In the Matter of Appointing Five Members to the Public Safety coordinating Council.

 

Commissioner Green MOVED, Commissioner Morrison SECONDED.

 

VOTE:  5-0.

 

5.  COUNTY ADMINISTRATION

 

a.   Announcements

 

None.

 

6.  PUBLIC WORKS

 

a.  RESOLUTION, NOTICE OF HEARING & ORDER 02-2-6-2/In the Matter of Initiating Proceedings to Withdraw County road Status (But Not the Public Road Status) of a Portion of Talbott Lane (County Road Number 200), Located Between Noraton Road and Payne Road in Section 8, Township 15 South, Range 4 West of the Willamette Meridian (15-04-08)

 

Chair Dwyer read title of Resolution, Notice of Hearing and Order 02-2-6-2.

 

MOTION:  to approve ORDER 02-2-6-2.

 

Commissioner Green MOVED, Commissioner Morrison SECONDED.

 

VOTE:  5-0.

 

b.  THIRD READING AND DELIBERATION/Ordinance PA 1166/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Lane from “Forest” to “Rural,” Rezone that Land from “F-2 Impacted Forest Lands” to “RR-5/Rural Residential,” Adopting and Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses

 

Chair Dwyer read title of Ordinance PA 1166.

 

Land Management Division Staff Jerry Kendall referred to his January 28 memorandum regarding the Ordinance distributed with the agenda of the meeting.  He reviewed information it contained about the December 12 public hearing regarding the Ordinance and stated that material received during the designated periods which followed was attached. 

 

Mr. Kendall explained staff memoranda included with the material as responses to assertions made in submissions of interested parties.  He said staff continued to believe the applicant failed to document that the property in question could not be used for farm or forest purposes and recommended denial of the application for an exemption.

 

Commissioner Morrison reported that she had visited the site in question and had developed an opinion that the application for exemption was acceptable because the surrounding area was developed as rural residential.

 

Chair Dwyer said he believed more consideration should be given to the staff report stating the soils of the property in question could be used to produce timber.

 

Commissioner Green asked if it was true that the property in question was surrounded on two sides by Rural Residential development.  Mr. Kendall replied that two of as many as seven sides of the property were bordered by such development.

 

Commissioner Green asked if it was a practical possibility that forest land income requirements could be met by the property in question.  Mr. Kendall replied that the Oregon Land Use Board of Appeals (LUBA) had ruled in previous similar cases that property needed to only have moderate income potential.

 

Commissioner Morrison said that most mills in the area which might be interested in timber that could be produced on the property in question had closed.  She said it was becoming increasingly difficult for property owners to complete required certification processes to profitably sell timber.  She said she believed the Department of Forestry had under estimated the significance of steep property terrain in growing timber on the property.

 

Chair Dwyer said he believed buyers should be required to live with zoning restrictions for properties and not seek to develop them in non-conforming ways.

 

Commissioner Sorenson said he believed the intent of property owners indicated by actions taken was relevant to land use decisions.  He questioned whether a site visit to the property by a Commissioner was relevant to a decision to be made about it based on the hearing record. 

 

County Counsel Stephen Vorhese said not having been on the site should not have influenced the recommendation of staff regarding its exemption application, but that having made such a visit might have lent the recommendation credibility.

 

Commissioner Green referred to material having been received since the December 12 public hearing and asked if a property owner was bound to comply with what an Oregon State University Extension Agent said could be grown on a property, or if personal desires were also able to be followed.

 

Mr. Kendall replied that, in order to qualify for the re-zoning being applied for, property had to be shown to not be able to profitably grow any such crops an evaluation predicted it was able to produce.

 

Chair Dwyer said he believed the intent of the buyer of the property in question was shown by the farming tax-deferral previously applied for and received.

 

Commissioner Green asked if a property owner was required to grow crops recommended by an extension agent.  Mr. Kendall replied that it was only required that attempts to grow anything had been unsuccessful.

 

Commissioner Morrison said the lack of any water rights for the property was a significant factor in her belief that it was not capable of profitably producing crops.

 

Commissioner Sorenson said he believed the applicant should be required to show that the lack of water inhibited the production of a crop such as Christmas Trees.

 

Commissioner Weeldreyer said she found it convincing that the Lane County Planning Commission had voted six to one to approve re-zoning application of the property in question.

 

MOTION: to adopt Ordinance PA 1166 amending the Rural Comprehensive Plan to re-designate land from “Forest” to “Rural;” rezone land from “F-2 Impacted Forest Lands” to “RR-5 Rural Residential,” adopt an exception to Statewide Planning Goals 3 and 4; and adopt Savings and Severability Clauses.

 

Commissioner Morrison MOVED, Commissioner Green SECONDED.

 

VOTE:  3:2, with Chair Dwyer and Commissioner Sorenson voting No.

 

c.  First Reading and Setting Second Reading and Public Hearing/Ordinance PA1169/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from “Agricultural” to “Marginal Land” and Rezoning that Land from “E-40/Exclusive Farm Use” to “ML/Marginal Land,” and Adopting Savings and Severability Clauses

 

Chair Dwyer said it was recommended that action on the First Reading be tabled and that its Public Hearing be reset for March 13, 2002, at 1:30 p.m.

 

MOTION:  to lay consideration of Agenda Item 6.c on the table and re-schedule its Second Reading and Public Hearing for March 13, 2002, at 1:30 p.m.

 

Commissioner Green MOVED, Commissioner Morrison SECONDED.

 

VOTE:  5:0

 

7.  CONSENT CALENDAR

 

Chair Dwyer noted that the Consent Calendar included the following:

 

A.  Approval of Minutes:  May 5, 2001, Regular Meeting, 9:00 a.m.

August 29, 2001, Regular Meeting, 9:00 a.m.

August 29, 2001, Regular Meeting, 1:30 p.m.

September 5, 2001, Regular Meeting, following HACSA

 

B.  Health and Human Services

 

1)  ORDER 02-2-6-3/In the Matter of Amending Chapter 60 of Lane Manual to Revise Certain Health and Human Services Fees.

 

Chair Dwyer reminded members that Item 7.C. had been removed from the Consent Calendar, as follows:

 

C.  1)  ORDER 02-2-6-4/In the Matter of Approving Purchase of Real Property to be Used for the Construction of a New Road Maintenance Shop Facility.

 

MOTION:  to approve Items A. and B. of the Consent Calendar.

 

Commissioner Green MOVED, Commissioner Morrison SECONDED.

 

VOTE:   5:0.

 

8.  COMMISSIONERS’ ANNOUNCEMENTS

 

Commissioner Green reported that, on the request of Chair Dwyer, he had represented the Board at the University of Oregon versus University of Southern California Men’s Basketball Game on February 2.  He said he was especially pleased that the Fiesta Football Bowl Championship Trophy was awarded to the University of Oregon during half time.

 

Commissioner Morrison expressed congratulations to Jess Young, who had been chosen as the First Citizen of Florence for 2002, and to Jana Fitch, who had been chosen as the Future First Citizen of Florence for 2002.

 

Commissioner Morrison reported that she had attended the dedication of the new Siuslaw Middle School building on February 2.

 

Commissioner Morrison reported that she had been a judge in the Mount Pisgah Run for the Hill Tee Shirt Design Contest.

 

Commissioner Green announced that Lane County Volunteer Boomer Wright had been appointed Superintendent of the Mapleton School District.

 

Commissioner Sorenson announced that WomenSpace had received a Center for Disease Control and Prevention grant to develop a “What You Can Do To Stop Dating Violence” program incorporating an “800 number” counseling phone line.

 

Commissioner Weeldreyer reported that she participated in a weekly meeting of a Lane Education Services District Committee, that she had joined Commissioner Green in a meeting with representatives of the Lane County Fair Board, and that a Technical Management Team on which she served continued to meet and was currently working on issues related to identity theft and development of the Lane County Website.

 

Commissioner Morrison reported that her work with the Association of Oregon Counties was indicating that the State Legislature was not making significant progress in resolving budget shortfalls.  She said she continued to believe that flexibility on the part of all participants was the best way to achieve success in their negotiations.

 

Commissioner Sorenson reported that he had toured the Volunteers in Medicine clinic which served the needs of the working poor.  He described its successful progress one year after its initiation.  He encouraged the Board to support its efforts.

 

Commissioner Sorenson reported on his attendance at a presentation by leaders of the Special Legislative Session.  He said he believed the leaders would not support any new taxes and that they disagree with budget balancing proposals made by Governor Kitzhaber.  He said he had no position on the issues involved, but that he did not believe contributions from county leaders were being adequately heard.

 

9.  CORRESPONDENCE TO THE BOARD

 

None.

 

 

10.  EMERGENCY BUSINESS

 

None.

 

11.  REVIEW ASSIGNMENTS

 

None.

 

There being no further business, Chair Dwyer adjourned the meeting at 10:10 a.m.

 

 

_______________________________

C. Daniel Lindstrom

Recording Secretary