BOARD OF COMMISSIONERS'
REGULAR MEETING
February 4, 2004
1:30 p.m.
Commissioners'
Conference Room
APPROVED
2/18/04
Commissioner Bobby
Green, Sr. presided with Bill Dwyer, Don Hampton and Peter Sorenson
present. Anna Morrison was
excused. County Administrator Bill Van
Vactor, Assistant County Counsel Marc Kardell and Recording Secretary Melissa
Zimmer were also present.
17. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 04-2-4-8/In
the Matter of Certification of Final Assessments for Improvements to River Road
(County Road Number 200) Between Mile Post 7.747 and Mile Post 7.366 and
Setting Lien Values Against Properties. (NBA & PM 1/7/04)
Frank Simas, Public
Works, explained this project was different than what they had done in the
past. He noted that River Road is a
county road that is a principal arterial.
He said a portion of the properties abutting River Road is within the city limits of the City of Eugene. He said they need to have concurrence with
the Eugene City Council and the Board of Commissioners to assess the properties
under the County assessment policies as is set forth in Chapter 15 of the Lane
Code.
Simas reported that
on October 10, 2002, the Board ordered that the properties be assessed under
Lane County procedures and on March 19, 2003, the Board approved the Director’s
Report with the estimated amounts for the benefiting properties. He added following this action there was a
remonstrance period of 20 days in which there were 12 remonstrances
received. He noted that five of them
involved properties that were within the subdivisions in the City of
Eugene. He said those properties were
encumbered with irrevocable petitions stating that the owners of those
properties could not protest the formation of a local improvement district.
Simas stated that on
April 16, 2003 the Board approved the estimated assessment costs for the
project and notice of intent to levy was recorded thereby encumbering each of
the abutting properties to be assessed with an estimated assessment. He said the project was constructed during
the summer of 1993 and on December 2 the County Engineer approved the project
solely for the purpose of levying the final assessment amounts. He noted the total cost for the project was
$792,900 of which $82,200 consists of items assessable to the benefiting
properties (curbs, gutters and sidewalks).
He added on the west side there are properties that have sidewalks that
are set back with the addition of a planter strip, but for those areas the
assessment was figured as if it was a curbside sidewalk and the property owners
were not assessed for the extra length of the driveways.
Simas explained of
the $82,200 in assessable improvements, approximately $43,605 is eligible for
deferral because the properties do not take access directly to River Road. He said that represents approximately half
of the linear footage that abuts River Road.
He said the estimated assessment for the project is $133,900 and the
actual amount when all the costs were known was 39% below the estimate. He said that was due to receiving a
favorable bid from the contractor for constructing the project. He recommended approval of the order.
Dwyer stated he
didn’t want to force anyone out of their home.
He asked if they could to the same thing with assessments that they did
on Ayres Road.
Simas responded the
assessments were based on direction by staff.
He said the provisions for the large lot frontages were part of the
draft amendments to the Lane Code that will be brought to the Board in a few
months. He stated they hadn’t been
adopted yet.
Dwyer said the
residents didn’t want to be so encumbered by the responsibility that it creates
a hardship. He said some were willing
to have it deferred at the time they want to subdivide their property. He asked if that could take place.
Simas said they
could delay certifying the final assessments until the new policy was in place.
Dwyer indicated
Morrison was excused. He added that she
represents the district. He suggested
taking public testimony and rolling their decision until either the new policy
takes effect or until Morrison views the tape.
Green suggested
taking a public hearing and keeping the record open until Morrison comes
back. He didn’t want to roll this until
the new assessment policy.
Simas recommended
reviewing how many parcels would fit into the guidelines that are proposed to
be in the new policy.
Green opened up the
Public Hearing.
Howard Malcolm, 4700 River Road, Eugene, objected to his
assessment, based on different reasons. He said from the first meeting when
they discussed the road improvements, the western side residents questioned the
necessity of a sidewalk. He notified
all commissioners (except Hampton) that the sidewalks were unwanted. He indicated that no resident on the western
side had expressed a need for them. He
said it was forced upon them by the County.
He said the assessments are grossly unfair as many properties have long
frontages and the assessments based on linear footage are expensive. He said his assessment is $4,500. He thought the sidewalks were put in for the
benefit of those in the new housing subdivision on the eastern side, all who
pay a smaller fee in the price of their lot.
He noted the January 7 letter from Public Works states that some
properties are to be deferred. He
wanted his assessment to be waived. He
said it was not fair that he was being forced to pay for something that he did
not want while the true beneficiaries pay considerably less. He noted the administration fee had been an
issue. He found it dishonest to have to pay a 25% administration fee. He said in the registered letter he received
that fee had gone up to 28%. He noted
the explanation of the administration fee was the cost of the engineering,
design and the construction of the road.
He stated in several meetings with Sonny Chickering, County Engineer,
Chickering repeatedly said that the construction of the road was the
responsibility of Wildish and the County could not be held responsible for
errors that could result in serious flooding.
Malcolm stated Chickering said that Wildish had signed a release of
responsibility contract with the County.
He added that Chickering noted that part of the fee was for staff time
to attend meetings and for environmental permitting. He said the County allowed the filling of a wetland without
permit. He brought photographs that
show the extent of the law breaking. He
noted that Wildish pumped silt into a designated wetland but they had not been
asked to remove it. He asked if that
was the environmental permit that they were being asked to pay for. He said he had written to Morrison numerous
times asking for the assessments or administration fee to be waived. He said she wrote in reply that she brought
the request to the Board in an open meeting session and there was not support
to change their previous decision. He
asked another commissioner if that was true and was told that was not
true. He didn’t think he was being told
the entire truth. He asked for the case
to be reviewed and all assessments waived.
He said he has been treated unfairly and with disrespect. He said if he has to pay something, he
doesn’t want to have to pay the administration fee.
Dale Miller, 4750 River Road, Eugene, said the concern
he has as a property owner is the flow of water. He didn’t think it had been addressed properly. He wanted to know what would happen if their
property would flood. He noted his
assessment is $4,231.41 and it is a burden to him. He wanted to defer this
amount.
Luci Boyer, 15 Carthage Avenue, Eugene, stated her
house faces Carthage Avenue and had been there for 30 years. She said she had never taken access from
River Road. She indicated her assessment
was eligible for deferral but she wanted it waived, as it didn’t pertain to
her. She suggested that any meetings in
the future on this matter be held in the evening when most working people could
attend.
Robert Vaughn, 30590 W. Beacon, noted in the letter he
received it noted that benefiting property owners needed to pay an
assessment. He commented he wasn’t
benefiting from it anymore than any other person in Lane County. He said people drive and walk through the
area. He said from the beginning they
didn’t think sidewalks should be on the west side of River Road. He said it has caused problems and the
sidewalks are not used. He thought the
right thing to do would be to waive the entire assessments.
Commissioner Green
closed the Public Hearing.
Dwyer wanted to have
Morrison involved as that is in her district.
He thought the sidewalk on the west side was precipitated by the
agreement with the City of Eugene that when they develop, Lane County builds to
their standards. He said they have
different requirements for major arterials than they did for minor collectors.
He said the benefit accrues to everyone because it facilitates traffic through
and beyond. He thought there were ways
they could have a better understanding of the impact they are causing. He thought they could adjust administrative
fees if they could collectively work together.
He said they had to roll this matter so they could hear from Morrison.
Green commented they
had all gone out to the site. With
regard to the sidewalks, he favored them because sidewalks provide safety for
people walking on the roads and were a necessity. He said the residents were concerned about the level of the
assessments. He thought Boyer had more
of a compelling argument because she doesn’t take access off of River
Road. He thought she should be eligible
for a deferment.
There being no one
else signed up to speak, Commissioner Green closed the Public Hearing. The record is kept open until February 11,
2004.
Kardell noted that
Simas would find out the information about how the adjustments might affect the
property owners.
Green also wanted
Simas to find out which properties would be eligible under the new policy.
18. COMMISSIONERS' ANNOUNCEMENTS
None.
19. CORRESPONDENCE TO THE BOARD
None.
20. OTHER BUSINESS
None.
There being no further business, Commissioner Sorenson adjourned the meeting at 2:30 p.m.
Melissa Zimmer
Recording Secretary