BOARD OF COMMISSIONERS'

REGULAR MEETING

June 30, 2004

1:30 p.m.

Commissioners Conference Room 

APPROVED 3/16/05

 

Commissioner Bobby Green, Sr., presided with Commissioner Bill Dwyer, Don Hampton, Anna Morrison and Peter Sorenson present.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

18.PUBLIC HEARINGS

 

a. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1203/Adopting Amendments to the Rural Comprehensive Plan for Properties in the Siuslaw Watershed and the Long Tom Watershed; Adopting Exceptions to Statewide Planning Goals Three and Four Where Necessary; and Adopting Changes in Zoning Designations to Comply with Such Plan Amendments Where Necessary.(Periodic Review Work Program) (NBA & PM 6/16/04)

 

Bill Sage, Land Management, explained that this involve 65 properties.He noted there were addendums that were part of the record.He noted that all 65 properties received a unanimous recommendation from the Planning Commission.He said this was the fifth ordinance that had to do with the periodic review of the site along the Long Tom.He added this is where they implement all the data that came forward in the process.

 

Commissioner Green opened the Public Hearing.

 

Eldon Nordahl, Florence, recalled on Feb 12, 2003, a notice was put in the paper about rural citizens and he participated.He said he has a ten-acre piece of property he was working on but the process took too long.He said he is going to get a planner to see if he could rezone his property to rural commercial.

 

Sage explained that Nordahl didnít get the conveyance done in time to qualify.He said the process closed for the property shed.He thought when they bring the watershed back in December that they would be able to pick up the properties.

 

Morrison asked if the former property owner of Nordahlís property was on the list.

 

Sage said he wasnít.He said the property qualifies.

 

Michael Wiederhold, Crow, stated he is the Chairman of the Crow Applegate Lorane School Board.He said they are asking to rezone property that the district already owns.He said they wanted something that their high school students could build houses on and encourage more people to move into their district.He spoke with Mr. Gessert and his school Board recognizes his concerns.He said they were willing to work with him but think the conditions he is asking to impose are extreme and financially burdensome.He was asking to require executing a covenant agreeing not to object to farm and forestry practices on the forestry parcel.He said they would adhere to that.He was also asking for them to maintain fencing necessary to discourage access to the forestry parcel.He said he was asking that the property owner be required to take appropriate action to discourage any use of the adjacent forestry parcel.He said it could be burdensome to the school district.He said he wanted the property owner to maintain liability insurance efficient to cover damage to the timber and forestry on the forestry parcels arising from fires caused by the occupants or invitees to the property. He said they want to work with the neighbors.

 

He noted the well is on school property and they have 85 students at the school now and they are hoping to design a community water source.

 

Sage explained in the permit process for a new development or expansion of an existing development is when they apply the conditions to be addressed.He said they had an opportunity to look at the applicantís proposal and they have a chance to go out and review that with the neighbors

 

George Gessert, Crow, said he and his wife have spent their lives in education. He said they want to support the school in any way they could.They did have concerns about how a rezone and subsequent development might affect their property.He said they have approximately 100 acres of land that is behind Crow.He said of those 100 acres, 90 are forested.He said over the years they have had the property they have had problems with intruders.He said their house is not near where the possible development might occur.He said it is difficult to keep track of what takes place on the back of his property.He said people have come onto his property and driven motorcycles on the roads.He said they caused damage to his roads.He said they talked to the principal of Crow because one of the motorcycle riders was a student at Crow High School.He thought the biggest problem would be fires.He said some people camp out and it could affect his property.He didnít think the items he was requesting were unreasonable.He noted that Oregon Administrative Rules, 660.040182(b) states that the rezone must meet certain requirements.He was concerned about the requirements not being met.He said they were told that the buildings built were specifically going to be families with children who are school age.He said they didnít hear about any of this until a week and a half before the last hearing.With regard to the Church of the Nazarine, they didnít have any objection to the rezone request, they want to make sure that before a facility is built that an aquifer is done because some of the houses along Crow Road already have water problems.

 

Joyce Norma, Crow, said she didnít get a notice. She said she has 126 acres north of Crow and she has the same problems that Gessert has. She didnít think it was safe to build houses.She supported Gessert.

 

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

 

Sorenson asked how many notices were sent out for this.

 

Gage responded 474 for the 23 different actions.

 

Morrison noted there have been numerous articles in the West Lane News about the Crow School District trying to change zoning on the property.She followed all the articles.She hoped this was a way some of the problems could be resolved.

 

Sorenson asked what the need was to do this today, instead of leaving the possibility open for the people who learned about this to then submit written materials about the properties.

 

Sage said they did above and beyond the kind of notice requirements and contacts.He said they did the best job they could.He spoke with over 150 to 200 people about the applications and in every case, those people had been able to discuss their issues with staff and be satisfied.

 

Morrison thanked Sage for his work.She said Sage dealt with many property owners.She added it was a way to clean up errors that were done in 1984 and the multiple outreach was over and above what they had to do.She commented that if people didnít take advantage of this at this point, it wasnít because Lane County didnít do the outreach.

 

MOTION:to move to adopt Ordinance No. PA 1203.

 

Morrison MOVED, Green SECONDED.

 

ROLL CALL VOTE: 4-0 (Dwyer out of room).

 

b. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1208/Co-Adoption of a Minor Plan Amendment to the Junction City Transportation System Plan to Remove All References to Extending David Lane to Highway 99 (PA 04-5154) (NBA & PM 6/16/04)

 

Stephanie Schulz, Land Management, explained that this project is for an amendment to the Transportation System Plan that is a Refinement Plan of the Junction City Metro Plan.She said it would be to remove future actions from the Transportation System Plan on David Lane located between Highway 99 and Prairie Road, within the urban growth boundary of Junction City.She said the property owners on the Highway 99 side of the road have brought this proposal forward and have plans for commercial development on the two lots associated with the RV industry and hope to create jobs in the area.She said by eliminating the extension of David Lane to Highway 99 it would meet ODOT spacing requirements for a state highway of that size to keep the spacing at a wide enough distance for safety.She explained the road would still be used as a road from the Prairie Road side.

 

Green explained the nature and purpose of the hearing is that this decision is subject to plan amendment and rezoning criteria cited in the agenda cover memo and the attachments.He said evidence and testimony must be directed toward the approval criteria and failure to raise an issue to enable a response may preclude appeal to LUBA.He indicated this was an opportunity for those present to enter information into the record and only persons who qualify as a party may appeal Board decisions to the Land Use Board of Appeals.

 

Green asked for any ex parte contacts.

 

Dwyer said that Herb Nill had called him but they didnít talk about anything specific.

 

The other commissioners had no ex parte contacts.

 

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

 

MOTION:to move to adopt Ordinance No. PA 1208.

 

Dwyer MOVED, Morrison SECONDED.

 

ROLL CALL VOTE: 5-0.

 

c. PUBLIC HEARING AND ORDER 04-6-30-12/In the Matter of Amending Lane Manual Chapters 20, 21 and 60 to Address Current Public Contracting Needs and Improve Consistency.

 

Trina Laidlaw, Assistant County Counsel, said the purpose today is to seek the Boardís approval on some amendments to the public contracting rules in Chapters 20, 21 and part of 60.She said the 2003 Oregon Legislature adopted HB 2341, the re-write of Lane Countyís statute on public contracting.She indicated it would take effect in March 2005.She recommended some changes to Lane Countyís rules.She said they split into task forces to discuss the changes.

 

Laidlaw explained the changes in Lane Manual Chapter 20.She said those are the exemptions to competitive bidding.She said for those changes the Board has to be the local contract review board.She said the purpose of the Public Hearing is to take public testimony relating to contract exemptions.She said the proposed findings need to be considered as part of the decision on the Chapter 20 amendment.

 

Green asked what the recommendation for this matter is.

 

Laidlaw recommended the Board approve the changes to Lane Manual Chapter 20.She said they have to correct the elections portion. She noted when they changed from the punch card system to the optical scan system that meant they needed an exemption for election materials.She said this would delete the exemption for printing of ballot pages and labeling the ballot cards that only applies to a punch card system.She said they would then add ballot envelopes and drop site signs to the exemption.

 

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

 

MOTION:to move to approve Lane Manual Chapter 20 Rules on exemption on competitive bidding to be amended to reflect the changes in election equipment and materials for ORDER 04-6-30-12.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

MOTION:to move to approve Lane Manual Chapter 21 Rules on public contracting procedures be amended to make editing changes for consistency, reflect statutory changes, and certain changes and model rules of the Attorney General. Reflect department practices and allow the Board of Commissioners to consider evidence presented in a public meeting instead of being limited to a written record in deciding a vendorís protest of contract awards and clarify the County Administratorís delegated authority to execute contracts and amendments for ORDER 04-6-30-12.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

MOTION:to move to approve Lane Manual Rule 60.405(1)(4)(c ) (d) be amended to delete the reference to a repealed state rule and to permit acceptance of bids for sale of surplus personal property value at $50,000 or less without a formal public opening with certain conditions for ORDER 04-6-30-12.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

19.COMMISSIONERS' ANNOUNCEMENTS

 

Green announced a Leadership Team Meeting scheduled July 27 from 9:00 am to 12:00 a.m.

 

Sorenson reported the Springfield City Council met for the purpose of initiating another zoning process for the hospital.He said the council went ahead and initiated a zone change process.†† He wanted a briefing from Vorhes.

 

20.CORRESPONDENCE TO THE BOARD

 

None.

 

21.OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Green adjourned the meeting at 3:00 p.m.

 

 

Melissa Zimmer

Recording Secretary