BOARD OF COMMISSIONERS'
REGULAR MEETING
October 30, 2002
1:30 p.m.
Commissioners' Conference Room
Commissioner Cindy Weeldreyer presided with Commissioners Bobby Green,
Sr., Anna Morrison and Peter Sorenson present.
Bill Dwyer was excused. County
Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and
Recording Secretary Melissa Zimmer were also present.
14. OTHER
BUSINESS
a.
PRESENTATION AND DISCUSSION/Adjusting County Boundaries.
Weeldreyer stated this item was on whether or not it
is was a good idea to adjust the boundary lines between Lane and Linn Counties.
Roger Nyquist, Commissioner, Linn County, explained
that in Linn County people wanted to form a recreation district. He said when they had to present a legal
definition with the county boundary a problem came up because they used the
center of the Willamette River. He
commented that it is not necessarily their county boundary anymore. He noted their surveyor put 50 hours into
getting an accurate legal description, and asked that this matter be
straightened out. He asked whether they
should pursue legislation that would redefine their county boundaries to
reflect the center of the river boundary that was the county boundary 150 years
ago.
Weeldreyer noted the last time the boundary was
adjusted was in 1985.
Nyquist didn’t know if there would be any adverse
economic impact on either county. He
didn’t think either county would gain or lose tax revenues. He noted in 1985 they adjusted the boundary
with Marion County and he hadn’t seen anything with Lane County. He added it was possible they hadn’t
adjusted the boundary in 150 years in Lane County.
Gangle couldn’t recall the change of boundaries being
made in the 1980’s.
Nyquist said they wanted to move the county boundary
line.
Weeldreyer explained the specific areas they need to
address (since the river has moved) is to join with the Linn County Board of
Commissioners and look at having the surveyors and assessors work together for
a legal process to change the properties that are by the center of the
river. She asked what the workload
would be for the surveyor and the assessor if they took on such a project.
Bob Ezell, Land Management, responded he had visited
with the Linn County surveyor and they had floated the river. He said they work off of aerial photographs
to make the boundary adjustments. He
said they adopted the river as they described it. He thought the workload would be minimal.
Gangle noted that once Ezell gets the boundary
identified it would be an adjustment to their maps and to the individual
parcels.
Weeldreyer noted this would have to go before the
state legislature for the official adjustment.
She asked if they agreed to go forward would there be time to write the
bill to have it properly introduced for the upcoming session. She asked Ezell if he could meet that
timeline.
Ezell responded he was familiar with the process. He hoped they would be able to give it to
someone else who knew the legislative process.
Nyquist commented it would be appropriate for them to
talk with the Department of Revenue. He
said if they are to change the county boundary, the taxing districts are not
effective. He said as soon as the
boundary is changed, the county could change the legal description of the
boundary to reflect a new one.
Sorenson asked if they could notify all of the
districts affected that this meeting took place and the Board of Commissioners
are trying to solve the problem. He
thought the early involvement of all of the districts might avoid a problem in
the future.
Gangle said he didn’t have any information on
non-levying districts in relationship to elections.
Nyquist said they could give proper notice to the
affected taxing districts. He added
they could place in the legislation an amendment where this is reviewed every
ten years.
Weeldreyer asked if they could leave the center of the
river as it was in 1850 instead of making changes.
Nyquist responded that the river keeps shifting. He added that it is important for both
counties to have equal access to all parts of the river.
Weeldreyer asked that, considering the amount of
information necessary and proper notification, if the Board wanted to move
forward with this to get ready for the legislative session.
Nyquist said they would have something by the end of
February and would have to request legislation. He didn’t see proactive measures coming from counties. He thought this was something they could
work on.
MOTION: to move Lane County staff to work on a
resolution with Linn County staff to bring to the legislature for this upcoming
session.
Sorenson MOVED, Morrison SECONDED.
Green asked if this was something that should be given
to the Lane County Legislative Committee.
Vorhes noted to get to the specifics of notification;
they might want to consider having the County Administrator draft a letter (or
a letter from the board) to Linn County.
He added it should come from the board instead of the assessor.
Weeldreyer reported the notification to Linn County
would come from Bill Van Vactor.
VOTE: 4-0.
15. PUBLIC
HEARINGS
a. SECOND
READING AND PUBLIC HEARING/Ordinance PA 1183/In the Matter of Amending
the Rural Comprehensive Plan to Redesignate Land From "Rural" to
"Industrial", Rezone That Land From "RR-5/ Rural
Residential" to "M-2/SR” (“Light Industrial with Site Review");
and Adopting Savings and Severability Clauses (File PA 01-5162; Walsh). (NBA
& PM 10/16/02).
Jerry Kendall, Land Management, reported the subject
property is one acre in size and it is located adjacent to existing industrial
land that contains the MAC truck sales facility and repair, north of I-5. He noted the reason the applicant applied
for this action is to use an existing house on the rural residential land for a
caretaker for the truck facility and office as well as vehicle parking for the
truck sales. He stated they added an SR
site review onto the ordinance to limit those uses exactly as proposed.
Sorenson asked if there was any opposition.
Kendall responded there were a few people who attended
the planning commission meeting. He
said they wanted to rezone their adjacent properties.
Commissioner Weeldreyer opened up the Public
Hearing.
Jim Griffith,
Walsh Trucking, commented the property is designated to be used with the adjacent
use. He said it squares off the
property and they wanted it all under the M2 for business use.
There being no one else signed up to speak,
Commissioner Weeldreyer closed the Public Hearing.
Weeldreyer noted that staff recommendation was that
they adopt Alternative 1.
Green asked if the site review portion was to ensure
the use remains consistent with the adjacent property.
Griffith noted the lots could only be used for the
security, living quarters and overflow office or truck parking and that is what
their interest is.
MOTION: to
adopt Ordinance PA 1183.
Morrison MOVED, Green SECONDED.
ROLL CALL VOTE:
4-0.
16. COMMISSIONERS'
ANNOUNCEMENTS
Weeldreyer congratulated the Red Cross on the
dedication of their new building.
17. CORRESPONDENCE TO THE
BOARD
None.
18. EMERGENCY BUSINESS
Senate Bill 12
Kent Howe, Land Management, explained the legislature in response to
the landslide that killed people in 1996, adopted Senate Bill 12 in 1999 to
address the life safety issues that were raised. He said the direction in Senate Bill 12 is to the Oregon
Department of Geology and Mineral Industries (DOGAMI) to identify areas prone
to debris flows and define them as further review areas. He noted they refer to these as rapidly
moving landslides that a person could not outrun. He stated they requested DOGAMI to map those further review areas
and provide those maps to the local governments. He noted the bill requires local government to regulate (through
mitigation measures) the site development standards, the siting of dwellings
and other structures designed for human occupancy in further review areas where
there is evidence of a substantial risk for rapidly moving landslides. He added it limits the ability of government
to prohibit development in these areas.
He said this also requires a transfer of development program where the
counties and cities have to identify areas where people who build in landslide
hazard areas are allowed to transfer their development rights.
Howe noted the legislature directed grant money to go to developing a
model ordinance (copy in file) and the likelihood of a transfer of development
program. He said that Douglas County
received a grant and did the study and developed the model ordinance. He added the study results showed that in
urban areas that transfer of development programs work and they achieve what is
intended. He noted in a rural setting
in Oregon, they don’t have a place to trade lands for development rights. He said the maps came out and the
legislation has a 10-month time frame from the time DOGAMI sets an effective
date. He said the date is January 1 and
the legislation states that within ten months of the effective date of the
mapping of the further review areas,
local jurisdictions have to adopt ordinances that are consistent with
the statute. He added after the maps
become effective there is a development moratorium in those further review
areas until the local ordinances are adopted that are consistent with the
statute. He stated it was an unfunded
mandate and the statute was unclear in its direction. He commented it hadn’t been done yet in Oregon.
Howe said they had a work session with the DLCD staff and DOGAMI for
all of the jurisdictions to attend that were affected. He said the state geologist urged local
governments to send letters to delay the start date of January 1 and they would
be receptive to delaying that start date.
He noted that on November 6, the State Legislators Interim Committee on
Environment and Natural Resources is meeting.
He said problems with wording of the legislation weren’t known. He asked if the Board wanted to participate
in the interim legislative discussion.
He noted this would be a topic that would be discussed at AOC. He added that January 1 was the effective date
where a moratorium would become adopted.
He noted that local jurisdictions could not say no.
MOTION: to
move to have Kent Howe draft a letter for the Board chair to sign asking for
the January 1 date to be delayed.
Green MOVED, Morrison SECONDED.
Sorenson said if a draft letter could be put on the agenda for next
week, it would satisfy him. He said
this is not emergency business.
Weeldreyer noted that board direction is to draft a letter and bring it
back to the next meeting so they would have time review it and take further
action when it is no longer emergency business.
Weeldreyer noted there was no vote, it was by consensus that they gave
staff direction to move on this.
Vorhes said it has potential implications for the long range planning
land use work program. He said the
earlier they are aware of this the better off they are.
Morrison asked to draft the time it would take to do this.
There being no further business, Commissioner Weeldreyer recessed the
meeting at 2:30 p.m.
Melissa Zimmer
Recording Secretary