BOARD OF COMMISSIONERS' REGULAR MEETING
May 14, 2003
1:30 p.m.
Commissioners' Conference Room
APPROVED 6/18/03
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.
13. PUBLIC HEARINGS
a. SECOND READING AND PUBLIC HEARING/Ordinance
No. 03-3/In the Matter of Authorizing the Transfer of Surplus County Owned Real
Property Located at 2280 G Street, Springfield to the Neighborhood Economic
Development Corporation for the Purpose of Providing Affordable Housing (Map
No. 17-03-36-12-08600).
Jeff Turk,
Management Services, explained that this matter is whether to transfer County
owned property to the Neighborhood Economic Development Corporation (NEDCO) for
affordable housing. He noted the County
(through tax foreclosure) acquired the property at 2280 G Street in September
of 2001. He said there is a 1,000 square
foot house on the property that was built in 1946. He commented when the County acquired the property it was in a
state of disrepair. He noted it cost
the County approximately $2,500 to clean up the property. He added HACSA approached him wanting the County
to transfer the property to them, but because of all the work that was needed
on the property, they thought it would be better handled by NEDCO. He noted
that NEDCO has agreed to pay the County $6,000 consideration for the property. He added it would reimburse the program
expenses for the clean up, returning money to the taxing districts and for
NEDCO to develop the property for affordable housing. He reported that NEDCO and HACSA
approached the Housing Policy Board with the idea of acquiring the property. He reported there were no objections from
any of the entities of the Housing Policy Board.
Dwyer commented he
had no objection if the County is made whole.
Morrison was not
opposed to the transfer to NEDCO. She
thought the direction had been that they would try to utilize the properties to
the County’s maximum benefit. She asked
why they didn’t sell this house. She
was concerned about how this was being handled.
Turk responded that
the Housing and Community Services Agency approached him for using this for
affordable housing. He added that Lane
Manual has provisions for this occurrence.
He said it requires that the County make available to the Housing Policy
Board and non-profits its inventory of properties.
Commissioner
Sorenson opened up the Public Hearing.
Sandy Halonen, Executive Director, NEDCO, 775 Monroe St.,
reported they wanted to acquire the home, rehab it and put into their program
for first time low-income homebuyers in Springfield. She said they are in the process of building five homes in
Springfield. She stated they are
committed to working in Springfield.
She explained their program is to help low income people build assets. She commented that being able to put another
house into the homeownership program works well with them.
There being no one
else signed up to speak, Commissioner Sorenson closed the Public Hearing.
MOTION: to approve Ordinance No. 03-3.
Green MOVED, Dwyer SECONDED.
ROLL CALL VOTE: 4-1 (Morrison dissenting).
14. COMMISSIONERS' ANNOUNCEMENTS
Morrison announced
that this weekend was Rhododendron Festival weekend.
Dwyer noted he and
Morrison attended the Food for Lane County luncheon.
Sorenson stated that
Storm the Stadium would take place on Saturday at Civic Stadium. He suggested sending out a letter in May or
June to all of the city councils asking if they want to meet with the
Board. He asked Van Vactor to set this
up.
Green announced that
on June 18 there would be a joint elected officials meeting in
Springfield. He had been coordinating
the recognition for the ACTSO presentation for the three governmental bodies to
observe.
15. CORRESPONDENCE TO THE BOARD
None.
16. OTHER BUSINESS
a. ORDER 03-5-14-10/In the Matter of
Electing Whether or Not to Hear Arguments on Appeals of a Hearings Official’s
Second Reconsidered Decision Regarding the Verification of Nonconforming Use
Status of a Race Track Facility and Supporting Structures Within the Cottage
Grove Urban Growth Boundary (File PA 02-5472/Leach).
Sorenson disclosed
he received an e-mail from Assistant County Counsel Stephen Vorhes. He added
many people called him about the speedway, asking him to help on both
sides.
Sorenson asked if
any Board members had ex-parte contacts.
Dwyer responded he
received e-mails from people using the track.
He responded to one but not the others.
He stated that wouldn’t influence his decision.
Lininger commented
he discussed the Cottage Grove Speedway many times in the past two years. He noted that both parties and their
attorneys contacted him in writing. He
spoke with all elected officials in Cottage Grove and the Cottage Grove Chamber
of Commerce, members of service clubs that were concerned about economic
development, members of Land Watch. He
received a communication from the project proponents. He said none of these contacts would influence him. He added he received e-mails, phone calls
and personal contacts from opponents of the speedway. He stated he took a site visit twice in September. He added he attended a meeting of Speedway proponents. He commented he wouldn’t base his decision
on anything other than the record. He
said he makes an effort to balance his comments. He added the contacts were not about what the issue is today.
Morrison responded
that she received several e-mails. She
noted that none of them had any influence.
Green explained a
few years ago he took a call for Weeldreyer when she was out of the office
regarding the speedway.
Jerry Kendall, Land
Management, passed out Bill Kloos’ letter. (Copy in file.) He explained today the Board is going to
elect whether to hear the appeal. He
noted the election to hear is based on four standards found in Lane Code 14.600
as listed on page 4 and 5 of the agenda cover memo. He stated neither the planning director nor the hearings official
recommend review of this appeal. He
commented that the key in the decision was the applicability of state law
governing non-conformed uses, ORS 215.130 and how it blends with Lane Code
Chapter 10. He noted the property is
located within the urban growth boundary.
He said if the Board decides that the hearing official ruled properly on
his interpretation that Lane Code Chapter 10 does not allow alterations of
non-conforming uses, and then staff would recommend that the Board affirm the hearing’s
official decision to not elect to hear and let the appeal be carried onto LUBA.
Lininger stated the
speedway in Cottage Grove is not operating in conformance with land use
laws. He noted the landowner bears a
lot of the responsibility for disregarding the rules. He said there are serious concerns with the speedway. He said the speedway brings economic benefit
to the community, and recreational benefit.
He thought Cottage Grove should annex the property and decide how local
people want to manage a speedway in the environment of a city. He said as to verification, he believed Gary
Darnielle, Hearings Official, had done an accurate job of putting together all
of the facts in presenting the matter.
Lininger wasn’t interested in hearing the appeal in that the four
criteria that were mentioned by Kendall had not been met. He wasn’t comfortable with Darnielle’s legal
conclusions. He suggested that the PA
system would be one small piece that they could refine the review. He added the safety of the visitor at the
speedway is a matter of countywide significance. He thought the narrow issue might meet the criteria to
review. He didn’t recommend reviewing
anything more as a factual matter. He asked if there was a way for them
affirming the factual record, but not expressing any deference as to legal
conclusions. He was in favor of
affirming to the facts and not defer as to the legal analysis. He wanted to enforce Darnielle’s ruling as
they enforce the other land use determinations as they wait for the appeal to
be worked out.
Kendall commented
Lininger was in favor of Option 2, to not hear the arguments on the appeals and
to remain silent on the hearing official’s decision and interpretation of law.
Vorhes explained
there were two issues. He noted one is
how the Board thinks about adopting the hearing official’s interpretations
factual and legal and acting on whether they hear the appeal or not. He added the other aspect Lininger
articulated is through the Board’s decision describing something different in
terms of result from the hearing’s official’s decision as it relates to the PA
system specifically. He said in order
to do that, the Board would need to hear the appeal, limit it to that issue and
then rule on the arguments.
Lininger was in favor
of not affirming the conclusion and declining to hear the appeal. He wanted Option 3.
Vorhes explained if
the Board wanted to hear the appeal on record, it would get the Board to the
result of looking at the PA system or any of the other issues that are raised
in the appeal. He noted Option 2 is to
not hear arguments on the appeal, affirm the hearing official’s decision and
expressly agree with and adopt as the Board’s interpretation of the hearing
official. He explained Option 3 was not
to hear arguments on the appeal, to remain silent on the hearing official’s
decision and interpretation. He said
that comes down to Lane Code provisions and how the Lane Code provision is
interpreted. He added that would be the only place that LUBA deference would be
an issue.
MOTION: to move the Board not hear the appeal and
remain silent on the hearing official’s decision.
Dwyer MOVED,
Morrison SECONDED.
Dwyer didn’t want to
get into all the conclusions, he wanted LUBA to deal with the terms of
enforcement.
Sorenson commented
there were legal and factual issues in this appeal. He said it was important that the major sides involved are all
represented and there is community interest.
He thought no matter what the Board did, that decision would be appealed
to LUBA. He stated as to the issue of whether not to hear, with deference to
the hearing official’s factual conclusions or legal conclusions, if the
interpretation of local law were closer in time to the present, he would have
been willing to see it that way. With
regard to the public address system, he said the opponents in their brief state
the hearings official erred in finding the PA system in 1982 consisted of 20
speakers He noted the evidence was the
public address system in 1982 consisted of four large 2000 horn speakers. He added the 16 smaller circular speakers
were subsequent additions. On the comment of the opponents, he said there is an
error in the hearing official’s decision that is sufficient to say they should
remain silent on the hearing official’s decision.
VOTE: 5-0.
Vorhes passed out
the revised order with changes made to the findings 16, 17, 19 and 22 to take
out anything stating that the Board specifically adopted and do anything but
remain silent on the interpretations.
Sorenson said they
would take the language-interpreted applicable provisions of state and local
law out. He said they want to remain
silent on the hearing’s official’s interpretation.
Vorhes explained the
language was intended to indicate some of what the hearings official’s decision
did. He noted the Board was affirming
the decision. He added Exhibit B would
be the actual reconsidered decision dated April 22.
MOTION: to approve ORDER 03-5-14-10 with the changes discussed.
Dwyer MOVED,
Morrison SECONDED.
VOTE: 5-0.
There being no
further business, Commissioner Sorenson adjourned the meeting at 3:10 p.m.
Melissa Zimmer
Recording Secretary