BOARD OF
COMMISSIONERS'
REGULAR MEETING
June 25, 2003
1:30 p.m.
Commissioners’
Conference Room
APPROVED
4/28/04
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
12. PUBLIC WORKS
a. DISCUSSION/Report
and Recommendations from the Land Management Task Force-Compliance Program (NBA
& PM 4/8/03).
Jeff Towery, Land
Management, explained there are four primary policy issues that they wanted
guidance on. He said they are the
guiding principles and philosophies and the priorities for code enforcement
that are attached to the cover memo. He
said the other items appear on page 2 of 2 of the agenda cover memo; the
doubling of fees in compliance cases for planning and sanitation permits and
the possibility of funding the compliance program through a compliance
surcharge. He said the doubling of the
fees is needed to equal what they are currently able to do with building
permits. He said they don’t have the
authority to double planning and sanitation fees in the event of a compliance
issue but they could provide that authority through policy direction from the
Board of Commissioners. He noted that a
compliance surcharge was one of the possible funding mechanisms they reviewed
and identified at the task force level and is used by Deschutes County. He added that was a recommendation that the
task force did not support.
With regard to the
compliance fee, Towery indicated it is a newly used source of revenue for
compliance. He said they budget about
$40,000 per year and will not hit the target this year, as they will be closer
to $30,000 in the current fiscal year.
He added that is higher than any other year in the past. He noted for the first time they budgeted
funds for clean up in the compliance program.
He said they have about $32,000 budgeted in the 03/04 – fiscal year
budget that could be used to help clean up properties.
With regard to the
investigation fees, Towery noted there was nothing the Board needed to do other
than to be aware that Land Management is more aggressive and more
consistent. He said there was already a
mechanism in place for liens and foreclosures.
Sorenson wanted Land
Management to process both items three and four to get the necessary Lane Code
provisions worked on work with budget and legal to get it to the Finance and
audit Committee so the implications could be known and Finance and Audit could
review it.
Towery explained
they currently have three add-ons to their permit fees: technology assessment, a flat $10 fee;
administration surcharge that supports Land Management and a long range
planning surcharge.
With regard to
compliance, Morrison commented that unless they really want to enforce it, they
shouldn’t have it. She was supportive
of the investigation fee but didn’t support a compliance surcharge.
Dwyer wanted
policies to be strict, persistent and preventive.
Sorenson commented
they have a large number of compliance problems and they should have a
surcharge and pursue them. He thought
if they knew the amount of work and dollars it would take to clean up every
compliance problem, they could adjust the fees at the Waste Management Division
and use the money to solve the problems.
Lininger suggested
exploring a compliance surcharge. He
wanted to spread the cost across the County more evenly, not penalizing people
who are abiding by the rules. He commented,
the more the price goes up for compliance, the more the people are getting out
of the compliance area. He suggested
Land Management take general fund revenues for their department.
Green asked why the
task force did not support the compliance surcharge.
Towery responded
because it is a narrow population of people who are already complying and they
are following the rules and they would be charged more than the people who are
breaking the rules.
Green wanted to give
Land Management the tools for enforcement, to get to a level of consistency and
credibility.
Dwyer suggested
setting up a designated fund that could raise the tipping fees or rates of fee
for dumping by 50 cents. He said that
could go into a dedicated fund for compliance and nuisance removal. He wanted a policy where the people
understand that the County won’t tolerate junk vehicles and junk lying
around. He said that would go to making
the county a little better. He thought they should put together a plan on the
most severe places. He wanted cost
recovery, as people should get part of their investment back.
Sorenson reiterated
there was some support for the fee for planning and sanitation. He said there was some support for the
compliance surcharge or having it evaluated to look at its implications. He added that there was feedback on working
with their division on the amount of money needed to deal with the compliance
issues and working with Waste Management on how different options could be
computed.
Morrison wanted to
tighten up the noise ordinance, as it is not working. She wanted enforcement so they could take action.
Towery said if the
Board agreed with what was in front of them, he would bring the items back as
an order. With regard to the
recommendation on policy guidance and guiding principles, he said they would
incorporate that into a budget document on an annual basis for the Budget
Committee and the Board to review.
Towery passed out
information on the Cottage Grove Speedway (copy in file). He noted that to date they had issued 13
notices of failure to comply to the Cottage Grove Speedway. He said two more are pending. He explained the people at the speedway have
modified the way they are conducting their business to the point that as long
as they continue to do what they had done the last few weeks they will see two
notices of violations. He said they are
violating the hearings official’s standards with respect to the number of cars
they run and the use of the lights. He
said they have $9,700 in total fines and appeals fees. He noted they have now submitted building
permits for all of the facilities that are on the property. He estimated the double fees would be about
$4,000 for those building permits.
Green asked if the
Speedway was annexed to the City of Cottage Grove.
Towery responded the
owners of this property and an adjoining piece of property have petitioned the
city for annexation. He said the city
council by resolution has started to move the annexation process forward. He noted that applications and fees have not
yet been filed with the Boundary Commission.
He explained if the property is annexed, it becomes the city’s to deal
with and Lane County would be out of it, including the appeals of the LUBA
decision.
With regard to Jim
Gillette and Secret House, Dwyer thought it was business as usual.
Towery responded
that he notified Secret House on what the standards are. He had an expectation that they were working
on an application to allow those types of activities. He said the fringe country fair activities came as a surprise to
them.
Van Vactor suggested
that Land Management and County Counsel review that issue and do an oral report
to the Board next week. He recommended
giving them notice that if they don’t comply, the County will be prepared to
shut the operation down.
Snowden commented
that Lane County has collected fees for those fines that the Speedway has
appealed.
With regard to Jim
Gillette, Towery said that old enforcement actions have resulted in the filing
of liens for about $12,000 and they are still there.
Sorenson asked why
they are not foreclosing on Gillette’s property.
Towery said there
are pending foreclosures that are ahead of this one. He added that this is a relatively small lien compared to the
potential value of the property. He
added they had to consider the cost of foreclosure versus the amount of the
lien that is outstanding.
Marc Kardell,
Assistant County Counsel, said the recommendation is to get the fine amount and
the lien closer to the value of the property.
He added that it makes more sense than to go through a foreclosure sale.
Green wanted to
foreclose on the property.
Sorenson wanted this
next week as an oral report.
Green suggested
coming back to the Board after Gillette is notified and then start the
proceedings.
Dwyer said they had
bent over backwards for Gillette and tried to be sensitive to his needs. He said they should write a letter to him
about paying his fine, or then they would raise the level for him to comply.
Sorenson suggested
that Towery come back next week after he sends a letter to Gillette.
b. REPORT
BACK/Limitation on LMD Planning Director’s Discretion (NBA & PM 5/21/03).
Lininger commented
that after he read this, and after speaking with Kent Howe, this was unlikely
to occur.
13. COMMISSIONERS'
ANNOUNCEMENTS
None.
14. CORRESPONDENCE
TO THE BOARD
None
15. OTHER
BUSINESS
ORDER 03-6-25-11 Ratifying the Tentative Agreement Between Lane County and the American Federation of State, County and Municipal Employees Local 2831.
MOTION: to approve ORDER 03-6-25-11.
Dwyer MOVED, Green SECONDED.
VOTE: 5-0
There being no further business, Commissioner Sorenson adjourned the meeting at 4:35 p.m.
Melissa Zimmer
Recording Secretary