text:
Roh reopens Japan's war
woundsBy Kosuke Takahashi
KAWASAKI, Japan - The shrill voice of one
old woman with humped shoulders still leaves a
distant but lasting memory. When I was an
elementary and junior-high-school student in the
late 1970s and the early 1980s, I frequently
visited my ethnic-Korean friends after school. One
day, when I was on the way to a Korean friend's
house, an old woman just down the way suddenly
snarled at me, saying, "Ilbon ka!" I was
stunned. Later I found that what she meant by
those few words was something like "Hey,
Japanese!" or "Are you Japanese?" (Literally,
Ilbon means "Japan" in Korean, and
ka is an interrogative word in Japanese.)
She had expressed her deep-seated distrust of any
and all Japanese nationals, even against a boy
like me. I was definitely intimidated. As can be
readily understood, the older the Koreans, the
more distrustful they were. Today I understand
why. Although my parents are Japanese, I
grew up in a Koreatown in the southern part of
Kawasaki city, adjoining Tokyo, and still live
nearby. Kawasaki is known in Japan as a
working-class city and is famous because so many
South and North Koreans live here. Thousands of
ethnic Koreans live in my neighborhood alone.
There is also a pro-North Korean elementary and
junior high school, one of the 110 affiliated
schools of the Chongryon Society (the General
Association of Korean Residents in Japan), the
organization of North Korean residents who for
years boasted iron-clad solidarity with their
motherland. Today relations between Japanese
and Koreans, from the South
and North, are much improved in the old
neighborhood. The assistant principal of my junior high
school says the school is promoting cultural and
sports exchanges. For example, at the school's
annual cultural festival and annual sporting meet,
students of the pro-North Korean school
participate and meet both Japanese and
South Koreans who go to Japanese public
schools. And vice versa. Japanese students also
take part in the cultural and sporting events of
the pro-North school. This represents an
extraordinary change in grassroots thinking among
young people about both Koreas across Japan,
though anger still simmers about the Japanese
abductees. This racial melting pot was
created by the Japanese military regime, which
forced people on the Korean Peninsula to work at
military establishments in Kawasaki, such as steel
and shipbuilding industries, namely NKK Corp and
Hitachi Zosen Corp, while Japan was colonizing
Korea between 1910 and 1945. From this historical
background, in my boyhood, the Japanese and
Koreans in Kawasaki were always at odds. I often
saw Japanese and Koreans scuffle with each other
on the street, which frequently resulted in
injuries, and sometimes murder. Racial problems
never ceased in those days. Today, I am 36, and I
still remember that old woman and her bitterness.
Now I also understand why she was so deeply
resentful. Because of my personal
background, I have very much welcomed the recent
South Korean culture boom called Han-Ryu
(Korean wave) in Japan. Korean soap operas such as
Winter Sonata and movies have become very
popular, as symbolized by the immense popularity
of South Korean actor Bae Yong-joon, or "Yon-sama"
(sama is an honorific), as his admirers and
Japanese media call him. Meanwhile, Japanese
entertainers are seen on Korean TV, and young
Koreans like to listen to Japanese pop songs
called J-pops on their MD (mini-disc) players. The
two countries' youngsters, especially teenagers
and those in their 20s, are well connected by the
Internet and increasingly communicate with one
another through e-mails and chat rooms on personal
computers (PCs), using automatic translation
software. (The Japanese and Korean languages are
amazingly similar, especially grammatically.)
Young people are capitalizing on the two
countries' extremely high Internet-diffusion
rates, which are both more than 50% of the
populations. Many scholars both inside and outside
Japan have pointed out that this kind of
phenomenon - this exchange and familiarity - has
never happened before in the history of
Japan-Korea relations. Times have changed, indeed,
in the bilateral relationship. South
Korean president brings up issues of
historyAgainst all these recent favorable
social and cultural exchanges by the peoples of
the two countries, South Korean President Roh
Moo-hyun recently, on February 25 and March 1,
repeatedly urged Tokyo to continue grappling with
its past. On March 1, in his speech commemorating
an uprising against Japanese colonial rule 86
years ago called the March 1 Independent Movement
of 1919, he urged Japan to offer a heartfelt
apology and settle its past history with Koreans -
invasion, occupation, enslavement and forced
labor, comfort women - by paying compensation if
necessary in order for real reconciliation to take
place. Japan has offered its apologies
and, in effect, compensation in the form of
hundreds of millions of dollars in loans and
grants. South Korea, however, has been planning a
probe of collaborators with Japanese occupiers, a
sore point with Japan and something that could
embarrass some of South Korea's top families who
benefited during the occupation. The opposition
wants to probe collaboration with North Korea (see
Japan frets about Korean
collaborators probe, September 1, 2004).
"Japan should take a more positive
attitude with a belief that before it is a legal
issue, this is an issue of universal ethics in a
human society and a matter of trust between
neighbors," Roh stated. Moreover, a bit
surprisingly, he linked Japan's colonial-era
atrocities to North Korea's kidnapping of ordinary
Japanese in the 1970s and 1980s. "In the same
light, Japan must put itself in Korea's shoes and
understand the anger of our people, who suffered
thousand and tens of thousands of times as much
pain over issues such as forced labor and comfort
women." A day earlier, Roh himself had added this
section to a draft of his speech, which his
officials had already drafted, according to the
Japanese media. The most commonly accepted
view among Japanese scholars is that about 700,000
Koreans had been taken and forced to work in Japan
in coal-mining regions, munitions factories,
dam-construction sites and other places across the
country during Japan's colonization of Korea.
Kawasaki was one of those places. The South Korean
government has claimed that at least a million of
its citizens were mobilized to Japan. Many Koreans
were also carted off to other places such as
Manchuria, northern China, and Sakhalin Island,
also in forced-labor industrial projects and coal
mining. As to the issue of comfort women,
or women rounded up in Korea, China, the
Philippines and elsewhere and forced into
prostitution to "comfort" Japanese troops, an
estimated 100,000-200,000 were forced into this
sex slavery, about 80% of them said to have been
Korean girls and women. Others were Filipinas,
Chinese and a handful of Westerners. On
both February 25 at the National Assembly and on
March 1 Roh also urged Tokyo to acknowledge past
wrongdoings fully, face up to its history and move
toward the future. "The different attitude in
Japan and Germany in handling their past history
is giving us a lot of lessons to learn," Roh said
in the February speech marking the second
anniversary of his inauguration. Japan "should be
candid about the past and, only by doing so would
Japan move toward the future without being tied to
the past". Although Roh said, "There is no
change in Seoul's position not to make the two
countries' past history a diplomatic issue,"
Japanese political circles were thoroughly abashed
and concerned by his remarks. This is because
Japanese Prime Minister Junichiro Koizumi and Roh
had previously agreed to develop bilateral
relations in a forward-looking manner. Roh said
after their meeting last July on the South Korean
resort island of Cheju that he had no plans to
make history a formal issue with Japan while he
remains in office until the presidential election
in 2007. Moreover, on January 13, at a
nationally televised news conference from the Blue
House presidential office in Seoul, Roh said that
if Japanese Emperor Akihito visits South Korea, he
would be "met with the most cordial reception". A
visit to South Korea by the Japanese emperor is a
highly sensitive issue because anti-Japanese
sentiment remains prevalent there, due to Japan's
colonial occupation of the Korean Peninsula. Tokyo
has been reluctant to proceed with such a visit,
afraid of arousing latent anti-Japanese sentiment
there. The current Emperor Akihito has never been
able to visit Seoul, let alone his father, the
late wartime Emperor Hirohito. Faced with
Roh's seemingly sudden change of policy stance
toward Tokyo, calling for apologies and
reparations, Koizumi said on March 1 that Tokyo
and Seoul had agreed on a future-oriented
friendship. "He must be thinking of domestic
situations as well as friendship with Japan,"
Koizumi said, apparently downplaying Roh's harsh
words to Tokyo. "As the president, I think he has
made the remarks based on those viewpoints."
Koizumi emphasized that the two countries need to
move forward in a future-oriented manner.
Experts in Japan are more critical of
President Roh's speech. "Roh is just taking
another populist line," said Lee Young-hwa, an
associate professor of economics at Kansai
University and a third-generation Korean resident
in Japan. "His analogy comparing the issue of
Japan's colonial rule to Pyongyang's abductions
[of Japanese] is inappropriate." Lee pointed out
that North Korea involved and used innocent
ordinary Japanese, mostly believed to be have been
forced to teach Japanese language and culture, for
its covert operations and subversive activities
against South Korea. Lee also pointed out
that Roh made speeches directed to North Korean
leader Kim Jong-il, urging Pyongyang to return to
the still-unscheduled next round of six-party
talks on defusing the North Korean nuclear crisis
by showing some understanding and sympathy to Kim.
(On February 10, North Korea official declared
that it possessed nuclear weapons and was building
more because of United States hostility. It also
said it was suspending participation in six-party
disarmament talks, though Pyongyang said it later
might rejoin the talks under certain conditions.)
Lee is the representative of Rescue the North
Korean People! (RENK), a Japan-based citizens'
group supporting North Korean asylum seekers in
China since early 1990s. Well,
indeed, the historical backdrop from 1910 to 1945
is grim, while the social climate (in the 1970s,
1980s and today) has been warm and more peaceful
because of the Korean culture boom and other
developments; the historical backdrop and the
social climate are different. Korean residents
here have been free to travel in and out of Japan,
to both South and North Korea, while North Korea
is said to have confined Japanese abductees in
what Pyongyang calls "invitation centers". Behind Roh's policy
change is clearly a sovereignty dispute over
Takeshima (known in South Korea as Tokto), a group
of uninhabited islands in the Sea of Japan (known
in Korea as the East Sea). On February 23, a group
of assembly members in Japan's Shimane prefecture
submitted a bill to set up a prefectural ordinance
to establish "Takeshima Day" to raise public fury
in Seoul. A comment on February 25 from Toshiyuki
Takano, the Japanese ambassador to Seoul, who said
that the island is part of Japanese territory,
also exacerbated the situation. The timing
of this bill and Takano's comment was very
unfortunate because it could easily be associated
by South Koreans with the anniversary of a 1919
uprising against Japanese colonialists. For
Koreans, a series of recent unfavorable rulings by
Japanese courts toward former conscripts and
comfort women also fueled public anger toward the
Japanese government. The situation
worsened. Last Friday, the South Korean government
decided to postpone indefinitely a visit to Tokyo
by Foreign Minister Ban Ki-moon, originally
scheduled for this week, because of a row over the
Takeshima/Tokto islands. Ban was scheduled to
visit to consolidate friendship between the two
countries as they mark the 40th anniversary of the
normalization of bilateral ties. The visit was to
include talks on the North Korean nuclear
standoff. Last August 15, the day his
country celebrates liberation from Japanese
occupation, the Roh administration and his ruling
Uri Party looked into the history of South Korea's
collaboration with the Japanese. This settlement
of past issues is becoming a billboard for his
administration. Indeed, his call for reparations
from Tokyo or for Seoul to renegotiate the 1965
treaty that normalized relations between Seoul and
Tokyo came after it was revealed by the documents
- compiled in 1963-65, the final years of the
country's 14-year normalization talks with Japan -
that the government of then president Park
Chung-hee had agreed not to make further
compensation claims on Tokyo. This was after Seoul
received US$800 million in loans and grants from
Tokyo. The late president Park was the father of
Park Geun-hye, head of the main opposition Grand
National Party. The unspoken
Roh is apparently trying to maintain buoyancy for
his administration - his ratings have fallen
significantly, far below the 70% in his prime just
after his inauguration in February 2003 - by
playing politics with the past, he also seems to
have conveyed an unspoken warning to Tokyo,
reflecting domestic public opinion: Many Koreans
are alarmed by changes in Japan's traditional
pacifist military posture and growing right-wing
bias in Japanese politics and society.
Historically, just like China, South
Korea has always been worrying about any sort
of remilitarization, projection of military power
and social conservatism. In the early 1990s,
Seoul harshly criticized Japan's participation in
United Nations peacekeeping operations, despite its
own participation in them. But the
situation drastically changed at the end of 2001,
after terrorist attacks on the US and the subsequent
US attack on Afghanistan. As a US ally, it
was difficult for Seoul to criticize
Tokyo self-righteously for modifying its
self-defense posture, even though Tokyo remains unwilling
to look squarely into its past wrongs. So now
Roh appears to be using historical issues with
Japan as a counterweight against a more military
posture in Japan. From a Japanese
perspective, Japan's imperial aggression since the
1890s was, indeed, brutal. The assassination by
ruthless Japanese bandits of Korea's Queen Min in
her palace in 1895 was one of the most heinous
crimes. Most Koreans considers that Japan has
arrogantly still refused to face up to the
historical issues and its wartime crimes. Koreans,
however, might want to know that Japan's dealing
with the past got off to a bad start soon after
World War II. Then, the United States' occupation
policy absolved the last Showa Emperor of war
responsibility, especially his moral
responsibility, as wartime head of the nation, in
order to control then-turbulent Japanese lands and
people. Moreover, the US released from
Sugamo Prison many suspected war criminals, including
political and business leaders, such as
two right-wing godfathers, Ryoichi Sasagawa and Kiyoshi
Kodama, as well as Nobusuke Kishi,
who served as minister of commerce and industry
during Hideki Tojo's militaristic administrations. Kishi became prime
minister in 1957 and he
was the grandfather of Shinzou Abe, a former Liberal
Democratic Party secretary general, No 2 position
in LDP after the party presidency, which Koizumi
has been filling since he took office in April
2001. Abe is now an acting LDP secretary general
and known for his hardline stance against North
Korea. Thus to touch upon the past wrongs
leads to criticism of the policies of the United
States, Japan's strongest ally, and harms the
legitimacy of the imperial family, the
Chrysanthemum Throne, the world's longest
continuous monarchy, supported by the majority of
Japanese for more than 1,000 years. For any
Japanese journalist to touch upon the last
emperor's war responsibility requires
extraordinary courage, indeed. One so daring would
still have to be ready for bullets and bombs from
right-wingers day or night. Further,
believe it or not, many Japanese feel that they
have apologized and expressed regret on many occasions. In addition,
although South Korea, China and others waived war
reparations and Tokyo has no legal obligation to
compensate war victims, including men forced to
work as laborers and comfort women, not a few
Japanese have tried to make efforts to compensate
in some way for their ancestors' crimes. The Asian Women's Fund (AWF),
which was privately established in 1995 to follow
Germany's "Germany-Poland Reconciliation Fund", is
a good example. The fund collects money from the
Japanese public for former comfort women.
For Japan's part, it should reconsider
postwar education policy in its modern history.
Japanese education appears to have emphasized
postwar Japan as a defeated nation, which suffered
from aggression by great Western powers and which
received two atomic bombs on Hiroshima and
Nagasaki, ending the war - not as aggressor and
victimizer in Asia. Because of this reluctance to
face up to the past, in the postwar period
Japanese education and ordinary parents seem to
have avoided teaching much about neighboring
countries' history and geography. Perhaps most
high-school students cannot cite the name of five
cities in South Korea now, although they can
probably cite names of five cities of the US.
(This, of course, is thanks to major-league
baseball, Japanese baseball players Ichiro Suzuki
of the Seattle Mariners and the New York Yankees'
Hideki Matsui, among others.) For Japan,
to face up to its troubled past and reconcile with
neighbors is also strategically important to
establish regional diplomacy, especially when
South Korea and China are vigorously opposed to
Japan's permanent membership on the United Nations
Security Council. Including China, the
three countries' trade volume now exceeds 15% of
the total world trade volume and calls for
establishment of an East Asian Community
emphasizing economics, social and cultural issues
(see Council on East Asian
Community) are growing among intellectuals
here and elsewhere. By narrowing perception gaps
and removing the thorn of festering past issues,
Japan and South Korea could and should lead the
concept of that community, bringing about better
relations in the region. Kosuke
Takahashi is a former staff writer at the
Asahi Shimbun and is currently a freelance
correspondent based in Tokyo. He can be contacted
at email@example.com.
(Copyright 2005 Asia Times Online Ltd. All
rights reserved. Please contact us for information
on sales, syndication and republishing.)
To His Majesty, the Emperor Akihito
of Japan (Nov 6, '04)Tortuous tangles over Japanese
textbooks (Oct 26, '04)Time the best healer, except in
North Asia (Oct 6, '04)Japan collaboration probe divides
South Korea (Aug 20, '04)China vs Japan - it's not just a
soccer game (Aug 7, '04)South Korea's tortured reckoning
with collaborators (Apr 26,


text:
Learn the secrets from the chefs of The Ritz-Carlton, Lake Tahoe in this hands-on, interactive cooking class concluding with dinner at the Chef's Table in Manzanita. This event is limited to a maximum of eight guests. Reservations are required. Cost is $125 per person. Contact restaurant reservations at 530.562.3050.
Journey back to pre prohibition days when cocktails were the highlight and beer, wine and other beverages were not in fashion. This entertaining, educational experience will feature three bourbon, whiskey, vodka and gin cocktails paired with appetizers. Reservations are recommended. Contact the resort concierge at 530.562.3000, extension 3046.
7-Mile walk/run around Donner Lake. Win pumpkin pie and turkeys. Medals for all kids in the mile race. Registration from 9-10 am. Awards at noon.
Adults: Pre Reg $15, $25 Day of; 18 and Under: $10 Pre Reg; $20 Day of; Mashed Potato Mile: $Pre Reg $5, $10 Day of
Come enjoy live music with Rustler's Moon every Thursday in November, including Thanksgiving.
Live Music with Rak Dettleback at Bar of America!
Annual Holiday Celebration
Itinerary Includes: Elementary kids decorating trees from 4-4:45 pm. Festival in front of Train Depot/ Chamber Building, Santa and Fire Truck, TDPUD "Lights" table, Rotary Table- includes hot chocolate and cookies delivered by Elves and entertainment by children's and adult choruses.
Bud Fish Ceremony and lighting of Town Tree and all of downtown from 5-5:15 pm.
Heavenly opens skiing and riding operations for the season.
Kirkwood Mountain opens skiing and riding operations for the season.
Moody's Bistro Bar & Beats presents their Inaugural Film Festival and Winter Kick Off November 23rd starting at 7:00pm. The event will include Burton Presents BACKCOUNTRY [Snowboarding] which features legendary snowboarders shredding epic backcountry, and Legend Of Aahhh's, A True Fable, where Greg Stump explores the history of the ski film and how these films influenced big mountain skiing...and pop culture and the birth of the extreme sports movement.
The event is being put on in conjunction with Crux Events and High Fives Foundation. Entry is free, with a donation of whatever you can afford going to High Fives Foundation. Dress warm for this outdoor block party being held between Moody's and Bar of America in historic downtown Truckee.
Sit back and get super comfy on couches, with heaters, firepits, grub and booze.
Saturday, November 23
7:30 am: Starbucks Coffee Cup Scavenger Hunt in Village and On-Mountain
Sunday, November 24
7:30 am: Starbucks Coffee Cup Scavenger Hunt in Village and On-Mountain
7:30 am – 8:30 am: Starbucks "Surprise and Delight" in the BSG line with coffee for guestsout of jet pack
8:00 am – 4:00 pm: Epic Mix Photographers taking photos in front of backdrop by Season Pass Office
Mt. Rose is scheduled to open skiing and riding operations for the season.
Squaw Valley opens skiing and riding operations for the season.
For reservations, please call Tavern 6330' at 530.562.3202.
Savor the seasonal bounty of fall at Manzanita serving a prix fixe Thanksgiving menu created by chef de cuisine Jeremy Grossman. Cost is $95 per person ($130 with optional wine pairings). Reservations are required. Contact restaurant reservations at 530.562.3000, extension 3050
Gather with family and friends and create new holiday memories over Thanksgiving Dinner at The Ritz Carlton, Lake Tahoe. The menu includes traditional holiday favorites such as hand carved roasted turkey with all the trimmings and honey glazed ham as well as an array of delectable, fall inspired dishes such as with chilled seafood display, cornbread stuffing and an assortment of local baby greens, charcuterie, handmade pastas and seasonally inspired desserts. Cost is $85 for adults and $35 for children ages 4 to 10. Reservations are required. For reservations, please dial 530.562.3000, extension 3051

subset: commoncrawl


text:
Industrial IP Advantage the IT and OT BrokerManufacturing
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text:
June 8, 2005
9:00 a.m.
Commissioner's Conference Room
Commissioner Anna Morrison presided with Commissioners Bobby Green, Sr., Peter Sorenson and Faye Stewart present. Bill Dwyer was present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
Morrison indicated there was an Emergency Business item and under Commissioners Business, they needed to add the letter to the small city mayors. She added under Correspondence to the Board there was a letter they received on Monday.
Barbara McClain, Mapleton, presented a petition with signatures for grandfathering the docks in Mapleton. She said they asked to be part of the work-study for next week and haven't been answered.
Morrison indicated that staff would be contacting them.
Melba Durant, Junction City, distributed a map to the Board. She added that attached were papers she obtained from Benton County regarding the mining operation by Delta Sand and Gravel. She said that Benton County had approved the operation but no permit had been acquired in Lane County. She noted the site crosses the Lane-Benton County line and the mining area is less than two miles from Hobart Lake Road. She noted in November 2003, Morrison sent a letter to the landowners on Hobart Lake Road, (except for her and her mother) and it was about the County's inability to sell, refinance or acquire building permits due to the legal status of the road and indicating things she intended to do. She added in April 2004, Morrison conducted a public meeting in Junction City and when asked whom this bypass road was for, she couldn't remember.
Marta Gee, Creswell, contacted other agencies on how they were dealing with Measure 37 claims. She said no appraisals were required as payments of restitution were not an option. She added that other agencies helped the claimants fill out the applications.
Kenny Gee, Creswell, said with regard to the Measure 37 claim, the information he presented at the April 16 meeting were examples of county codes relating to Measure 37 from other counties throughout the state and a completed board order from Jackson County. He said at that time he recommended that Lane County copy someone else's style because they were having problems. He indicated with the passage of time, a state final order has become available and he thought they should borrow its style. He noted in supplemental information provided by staff, is a joint letter from the state AOC and LOC, dated December 23, 2004, instructing local governments to provide claim information to be shared with the state as to any claims that may involve a state issue. He commented that nothing had been forwarded from Lane County. He originally hoped that with a zone change the state issue would be absorbed, as the claim would integrate into the current code requirements. He added that due to the recent dialogue with other agencies associated with Measure 37, he withdrew his request for such a zone change and wanted to return to the point of a waiver as expressed in Measure 37, to land use regulations in effect at the date of acquisition. He commented the problem he sees is the ex parte exclusion. He noted that Lane County was the only county in the state that has taken that stand. He added that communication between he and staff has been poor.
Debbie Jeffries, Eugene, noted there was an acknowledgement in the City of Eugene's staff's minutes that was presented to the Planning Commission that what she had said was correct. She thought the ordinance that eventually gets to the Board would be accurate. She said her part is supposed to be removed and acknowledging it is because of the LCDC decision. She explained that city staff presented to the Planning Commission yesterday those properties that carry a conditional use permit and a special development district that Goal 5 will supersede those contract overlays. She indicated that Goal 5 staff recommendations have come in and are demanding a wider setback than the agreement made relative to the special development district. It was her understanding that Goal 5 would take precedent over any type of land use contractual agreement.
Morrison asked if there was going to be a joint meeting with the Eugene City Council regarding Goal 5. She thought Goal 5 was part of the work plan for Land Management. She wanted to have Jeffries' portion removed.
Jeffries indicated all the work is being done by the City of Eugene staff.
Morrison said she wanted to pursue this.
Van Vactor said he had requested from Kent Howe, Land Management, to bring this matter to the Board in June or July.
Rex Underwood, Mapleton, stated he is a retired physician who lives on the south bank of the Siuslaw. He said they have 790 feet of frontage on the river. He noted when they purchased the property in 1970, a dock, ramp and pier were in place and there was no mention of the structures in the property deed. He added that they have pictures showing their dock and relating structures were in existence in the late 1940's. He said they were not aware of the dock registration requirement until October 2004 when they decided to replace the old dock because it was sinking. He noted that Florence Marine Construction built a dock for them identical in size to the old one with the process of registration from the State of Oregon, approval by the U.S. Army Corps of Engineers, and a permit from Lane County. He said they paid a fee of $125 to the State of Oregon but received no approval of registration. He noted in the early part of 2005 they were notified by the Department of State Lands that their dock would be registered after they gained approval from Lane County. He added that the Corps of Engineers responded to their application stating they met their requirements and could go ahead with the replacement. He noted as of June 8, 2005, they do not have the permit from Lane County. He indicated that the reason for the delay in replacement was due to the difficulties they have had in obtaining permission from Land Management from Lane County. He said he sent in forms to the County. He added when they first applied to Land Management in December 2004, they were charged a fee of $1,126. He said he was never told what the fee was for and never received any acknowledgement of it. He thought the Land Management Department couldn't interpret the Lane Code in a practical way that would allow docks to be replaced, built or modified. He stated he had no complaints about the way the managers of the division had treated them but there is frustration that has developed. He commented that the Land Management Department needs direction and leadership.
ORDER 05-6-8-8 Amending the County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2005-06
Jim Gangle, Assessment and Taxation, reported they had not included the Materials and Services for the Board of Property Tax Appeals function in their original grant. He indicated that this amends the grant to add $18,000 to Materials and Services for the Board of Property Tax Appeals and $2,000 for county indirect. He said the total amount of the grant would be $6,687,300.
MOTION: to approve ORDER 05-6-8-8.
Stewart MOVED, Sorenson SECONDED.
Stewart reported that last Saturday he was the official starter for a race that raises money for Mt. Pisgah. He also attended the Mohawk Watershed Council.
a. Copy of Draft Letter to All City Mayors regarding the Public Safety System.
Green supported the letter, but wanted an ending date.
Morrison indicated they rolled the matter until the end of August with the idea that this group would have a couple of months to come together to make decisions to come forward to the Board.
Van Vactor said that this is a collaborative effort and they don't know where it is going to end up. He didn't want to put a definite time frame in as it might be interpreted that Lane County wouldn't be open to any new ideas. He recommended keeping it vague.
MOTION: to move to send the letter.
Stewart MOVED, Green SECONDED.
Stewart indicated that he wanted to be one of the representatives for Lane County.
Green also wanted to participate.
a. Legislative Committee
Tony Bieda, Intergovernmental Relations Manager, reported that since he was before the Board last week, they went to the floor of the Senate and passed HB 3157, introduced by Representative Ackerman on the County's behalf. He said it makes discretionary the annual inspection of jail facilities that are not County jail facilities. He noted that the budget people were looking at taking some of the proceeds that would flow to the counties on shared revenues (including video lottery) in order to close the gap between what they aspired to spend and what resources are available. He said that was about $38 million per year, video lottery statewide. He noted that in exchange for not regulating video lottery on a county-by-county basis in the early 90s, the county association agreed with the state to give the state authority to regulate. In exchange, the counties would receive 2.5 percent of the proceeds from the ongoing enterprise. He said what had happened the past few years were that in order to balance the budget, the counties' proceeds were capped at the level of the previous biennium. He added since then other things had happened that had increased the proceeds from video lottery on a statewide basis. He said the commission paid to retailers that have video lottery terminals has decreased, providing more revenue to the state. The array of games has been expanded to include video slot machines, whereas in the past only video poker was available. He noted on that basis, legislators have been advised by legislative fiscal that by refraining to honor the 2.5 percent to the counties on the new games and on the roll back of the commissions, the state will have more money to balance its general fund budget--but on principle it violates the ongoing agreement with the counties. He said the idea is to cap the 2.5 percent and not include revenue from the new video slot machines originated in the senate.
Morrison asked if they were still having problems with community corrections.
Bieda responded that the last version of the house budget had funding for community corrections for the next biennium at a level that would not trigger above the opt out threshold. He thought that version of the correction budget had the best chance of passing. He noted the original recommendation was not funding at a threshold that prevented an opt out.
a. Announcements
Van Vactor announced that AFSCME approved the tentative agreement of their contract.
b. DISCUSSION/Status of Lane Business Education Compact Services to Lane County Youth.
Peter Thurston, Economic Development, reported that this is a discussion item to provide guidance from the Board on whether any further action is needed regarding Lane Business Education Compact obligations under two economic development contracts for their services. He noted the memo the Board has describes the background of the two contracts from Fiscal Year 02/ 03 and 03/ 04 awarded in the usual process for RFP's. He said the purpose of the contracts was to provide training, mentoring and a public/private partnership for youth to learn about business and employment experience in the rural communities across Lane County. He noted the current status of the contracts is they have been completed and paid and there is a balance in the second one that was not invoiced of $1,643. He reported on May 5, the Economic Development Standing Committee considered the question the Board has today and recommended Option 1, that no further action be taken at this time, and to let the compact Board of Directors deal with any obligations they have as a non-profit organization.
Stewart commented that it was in the best interest to close this and move on.
MOTION: to move Option 1.
Dwyer MOVED, Green SECONDED.
Morrison pursued this being brought to the Board. She had concerns about how they monitor the people they give the economic development money to. She wanted to make sure that when they allocate dollars that they monitor what it is they are doing and what they are paying for. She said she would vote for this but stated she was disappointed in the Board of Directors.
Stewart noted at their last meeting they came up with a monitoring system and grant requirements. He said they would do a better job than in the past.
Sorenson asked if they could take action with the remaining $1,600 that had not been withdrawn.
Thurston responded that it had been past six months since the last period of time where they would have normally billed. He thought those funds will not be paid, they will stay in the account in Lane County. He didn't think further action was necessary to retain the funds they have.
Van Vactor commented that they had fulfilled their obligation under Thurston's analysis He said this is a status report because there was concern as to whether or not they had to fill those obligations and Option 1 reflects that they have completed their performance and there is no further action.
a. ORDER 05-6-8-1/In the Matter of Vacating a Portion of Newman Street, a Public Road Within the Plat of Wildish Industrial Tracts, as Platted and Recorded in Book 56, Page 11, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-03-03-14).
Bill Robinson, Land Management, reported that this is a segment of road that is within the plat. He said it is located between Franklin Boulevard and I-5 and is connected to the railroad. He noted the intention is that a spur also be connected in the area and then the petitioners would have better use of their property. He added the road would maintain a 40 foot-width. He noted it is in the UGB of Springfield that meets their criteria.
MOTION: to approve ORDER 05-6-8-1.
Dwyer MOVED, Stewart SECONDED.
b. ORDER 05-6-8-2/In the Matter of Vacating a Portion of West 18th Avenue (Co. Rd. 265), Within the City of Junction City, Located in Sections 29 and 32, Township 15 South, Range 4 West of the Willamette Meridian, in Lane County, Oregon, Without a Public Hearing, and Adopting Findings of Fact (15-04-29 & 32).
Robinson explained that this is at the "Y" area on the north part of Junction City. He noted that a portion of 18th Street and the westerly side of the "Y" had been previously vacated in 1998. He indicated there is a remnant and it falls in an area that is not being used as access to commercial property. He added the petitioners asked for this to allow them to further develop their property.
MOTION: to approve ORDER 05-6-8-2.
Dwyer MOVED, Green SECONDED.
c. STATUS REPORT/Oregon Department of Transportation (ODOT) Coburg Interchange Area Management Plan (IAMP).
Bill Morgan, Public Works, explained that this was an opportunity to update the Board on the Coburg Interchange Area Management Plan. He said that Lane County has $2.5 million in the 06/10, CIP for the future interchange project. He noted there is money that the road funds allocated for the project plus there are portions within the influence zone of the interchange that are in Lane County's jurisdiction.
Terry Harding, ODOT, stated she is a transportation planner. She indicated that they also adopted an Interchange Refinement Plan in 1999 and there are policies related to the interchange in their current comp plan update. She indicated that certain aspects of the Refinement Plan from 1999 have already been completed with the County improvements to Pearl Street and the off ramp lengthening. She noted since the Refinement Plan was adopted in 1999, the city has grown and the UGB has been expanded to the east side of the freeway. She added there are new Oregon Administrative Rules regarding access management and the completion of the IAMP. She noted there is a $9 million earmark for construction at this location. She added that previously $3 million was allocated during the annual federal reauthorization and the County CIP identified the matching commitment of $2.5 million. She said they have been to the Coburg Planning Commission and the city council to explain about the project and the technical work is underway. She noted what they will end up in the document is recommendations for interchange geometry, road alignment, access management, and land use control. She added they wouldn't know what those recommendations are until they work through the technical analysis and the stakeholder input. She noted that the project would have to be adopted by the Oregon Transpiration Commission, City of Coburg and the Board of Commissioners.
Morrison asked since Coburg is now part of the MPO, how that would play in the adoption.
Harding responded that the Interchange Area Management Plan does not need to be adopted by the MPC.
Tom Boyette, ODOT, indicated that the MPO adopts the Federal Regional Transportation Plan and the financially constrained budget. He said in order for the feds to sign off on the environmental for the project, the project needs to be on the financially constrained list for the entire MPO. He added the post 2000 consensus brought Coburg into the MPO and now Coburg's project has to be on the constrained list and that is an MPO action.
Green was concerned about the estimated costs because the number hadn't been re-scoped. He thought there would be more dollars attached to the project. He asked where the money would come from and who would take care of the project if they fell short of funds.
Boyette thought there might be opportunities for annual authorizations out of Washington D.C. He added it would probably be a STIP prioritization process.
Morrison thought the $2.5 million they have allocated for the project would be different by 2010 because ODOT's scoping at this level is minimal as to actual costs.
Boyette commented that until the job is actually designed, applying the unit cost couldn't be done. He didn't think that any of the federal earmarked money would be sufficient to cover the project. He thought with the local match identified in the CIP and the two federal authorizations it creates capacity for the project.
Green hoped there would be sufficient and adequate public information to keep people notified about the project. He added that local participation is important.
Stewart wanted to see this project move forward as it is important for safety and for the employees to get jobs.
d. DISCUSSION/Resolving the Legal Status of a Portion of Hulbert Lake Road (County Road No. 160), and Directing Staff as to Process for Establishing Said Portion of Road at a Width of 40 Feet.
Frank Simas, Public Works, noted the portion of Hulbert Lake Road (for which the legal status is in question) is northerly 1.94 miles from the section corner to the Benton County line. He noted this part of the road was initially petitioned to be a County road in 1855, but it was discovered that there was no formal road establishment order for the road. He reported that, historically, County maintenance maintained the road. He recalled in 2003 the County Surveyor came to the Board with a proposal to legalize a 60-foot right-of-way in connection with a capital improvement project. He noted the capital improvement project had been dropped from the program and at that time the legalization proposal was rejected and the County Surveyor was requested to cease working on it. He indicated that County maintenance has resumed maintenance on the lower portion of Hulbert Lake Road and they have not been doing any maintenance on the upper portion since 2004. He said it was a result of the objection and questions of one or more abutting property owners as to the legal status and it had not been formally accepted.
Simas reported that at the end of the meeting held in Junction City on April 8, there was consensus that the road should be legalized at a width of 40 feet and the County should resume maintenance. He indicated that is what prompted them to come back to the Board with a proposal to legalize the road. He noted the issue for the Board is whether the road should be legalized and if so, what width. He stated what is current is 21 feet of pavement and there are shoulders that hadn't been maintained. He added the fencing is between 37 and 44 feet from one side to the other. He noted at 40 feet with a 21-foot hard surface width, there would be nine feet of additional right-of-way beyond the edge of the chip seal surface. He added that could be the minimum that could be efficiently maintained by maintenance forces with regard to mowing and maintaining the edge of the shoulders to make sure the vegetation didn't ruin the hard surface.
Simas indicated that if the Board were to legalize something less than 40 feet, it could be directed that 20 or 30 feet be legalized. He noted the additional width to make 40 feet could be acquired through the normal acquisition process. He said the staff recommendation for this is to legalize the 40-foot width. He stated that they had already surveyed the center of the road. He added that they would need to go out and stake the right-of-way to determine where the 40 foot width would fall and determine where the fencing was located and what fencing would be eligible for owners to receive payment for relocating it. He explained that if the Board approves and gives direction as to which way to proceed to make the 40 foot right-of-way a formal County road, the County surveyor would come back with a proposal to legalize the road in accordance with the Board's direction. He added that Public Works' staff would talk with the landowners to offer them payment for any fencing that would have to be moved in order to accommodate the 40-foot right-of-way.
Dwyer commented that they had already made a decision that they weren't going to legalize the road. He added that it is a road that no one wants and he didn't want to spend $1.5 million on it. He recalled that in the board order they gave direction to repair some of the potholes and that wasn't done.
Morrison stated there was no money in the CIP to repair potholes.
Ollie Snowden, Public Works, explained they came back to the Board because the Board had never accepted the road into the County road system. He said the option then is to go through a vacation proceeding where the County vacates all legal interest in that as a public road. He said they could do that if that is the direction. He recalled when they had the meeting in Junction City, the people who were present did not support vacating the public interest in the road traveled. He said they wanted to get it established as a County road so they could maintain the road without getting into disagreements.
Dwyer commented that not more than eight or ten people use the road. It was his preference to vacate the road and if there is comment from the people, then it should be brought back by people, not Public Works.
Snowden noted that from a Public Works' perspective they want to resolve the issue of whether it is a County road or a local access road, or vacate it so they don't get into arguments when they try to maintain it.
Dwyer didn't want to upset the people by having the area surveyed. He said they would think that the County would automatically adopt the right-of-way.
Snowden indicated it is a two-step process. He said they could come back with Bill Robinson and another legalization proceeding, but they didn't know what the Board wanted to do. He wanted to come to the Board in a work session to get general direction He noted the road is not legalized until the County surveyor brings the document back to the Board and they go through a formal process as prescribed by ORS, including notification of the abutting property owners and a public hearing.
Green asked if the County had been maintaining the road.
Simas said the County had been maintaining the road.
Snowden explained that there are a number of roads that currently as traveled are outside of the right-of-way. He noted once they determine that, the process is to establish the right-of-way so the road as traveled is a legal County road.
Green asked if the property owners (once the County vacated the road) could take care of the road.
Snowden said they would either legalize it as a County road, legalize it as a local access road (which means the County wouldn't maintain it) or they could vacate all public interest in the road as traveled. He recalled the road appears to be in the current location for 70 years. He noted if the Board were to vacate it, it wouldn't preclude a challenge from someone who had been using the road for more than ten years to say they have prescriptive rights to continue to use the road irrespective of what the County does.
Green wanted to stay consistent in their practice by legalizing the road. He said if they are not, then they should vacate the road and have the private property owners maintain the road.
Sorenson asked what the rationale was for making this road larger than it currently is.
Sonny Chickering, Public Works, responded that their standard road maintenance practices would include more than the paved surface. He added that they wanted to maintain the shoulders and mow vegetation for sight distance around corners. He noted there could be utilities that exist outside of the paved surface. He added that 40 feet is a minimum width for maintenance of the ditch.
Sorenson noted during public comment Ms. Durant said there is a rock quarry application north of this area in Benton County and there is an interest for the need for a bypass for Junction City.
Chickering said he was not aware of any application for an extraction permit of any kind in Benton County. He added there had not been an application made in Lane County. He never saw this road as a bypass for Junction City. He stated they had no future plans in their 20 year TSP for widening or additional lanes. He said they have no new construction project proposed for that section of road.
Stewart said it was important that the crews could go out to maintain the road. He added the public has been able to use the road for 70 years. He didn't think they should look at vacating. He wanted to legalize the road and respect the fences that are there.
Dwyer concurred.
Morrison commented that out of 1.9 miles of the road, the Nixon Farms owns a majority and they were in support of constructing the 40-foot width and the ditching. She wasn't opposed to leaving the fence.
Dwyer thought they needed to move the fence now, not when they sell it. He wanted to make sure that in the future there is no confusion over property and who is paying the taxes.
MOTION: to move to legalize the road, pursuant to where the fences exist, up to 40 feet wide. He added if it is 32 feet wide where the fences are, that is how wide to leave it.
Stewart MOVED, Dwyer SECONDED.
Snowden indicated the first step would be to survey where the fences are. He said he wouldn't know the answers until they actually do the surveys. He said they could give that to staff as a direction. He said they could do the survey where the fences are in relation to the 40 foot width and then if they have a problem, they could come back and tell the Board. Then the Board could agree and staff could go to Bill Robinson and come back with a legalization based on what they found.
Green reiterated the first step was the survey and the second step is the legalization.
Snowden stated that was what Simas was asking for.
Wilson explained the legalization is a formal process and the Board hadn't initiated a formal process. She said the Board was giving direction to staff to begin the legal process of legalization.
Stewart suggested looking at the option of legalizing the road, but they couldn't legalize the road without doing the work.
MOTION: to amend the motion to start the process of legalizing the road.
Stewart MOVED, Dwyer SECONDED.
VOTE: 4-1. (Sorenson dissenting).
Simas explained that once they have the survey completed as to where the 40 foot width or fence line would fall, barring any unusual fences that are less than acceptable, they would need to come back to the Board at the time of legalization and report it. Then they would proceed and have the County Surveyor bring back the legalization proposal. He added that, barring any unusual narrow fences, they would go with the existing fence line as much as possible.
Van Vactor asked if the survey crew would go past the fence line and put stakes in the land.
Simas said no, they would stay on the road side of the fence line.
Snowden indicated where there is no fence, they would flag it at 20 feet from the center line and tie the fences on the other side.
Chickering said they would video log the road so they know where the fences are today.
Morrison concurred so there is not a question as to where fences are.
e. ORDER 05-5-11-12/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-5161, Ronald and Patricia Tendick).
Kent Howe, Land Management, recalled the Board received a supplemental packet on the information about the order alerting the claimants to the limit on the County's ability to authorize a waiver of state law. He said they included research on the Multnomah County's orders regarding Measure 37 claims and from Clackamas and Jackson County.
Van Vactor reported that Stephen Vorhes, Assistant County Counsel, sent the Board a supplemental memo. He believed what they placed in the order matched the state process as they understand it. He said that if in the development proposal for Tendick and Gee, when those come in (because they don't have completed applications for the partitions or the subdivision), there are additional land use restrictions discovered, Vorhes has proposed language that would delegate authority to the County Administrator and the planning staff to grant waivers to implement the intent of the waiver. He said that would be in lieu of the second sentence of the second paragraph in each of the orders. He added that otherwise if they discover an issue, they would need to bring it back to the Board.
Stewart said he saw board orders from other counties and was confident they were similar to what they are trying to do. He said the claimants are not changing the zoning. He wanted to make it clear that when someone comes in to make a request the request needs to be more explicit about what they are trying to do. He commented that Tendick's claim was clear. He said with the other case it was hard to make sure they could absolutely be assured that they have waived all the restrictions without really knowing exactly what they are doing. He liked the added verbiage that allows them to take the direction that this is what the Board intended and to move it through the process. He wanted to make sure the process was not labor intensive and expensive.
Van Vactor said they don't want to make it expensive with regard to the waiver. With regard to the application, the claimants have to pay for it. He added that property development is expensive and the Tendicks and Gees needed to be aware of that.
Green recalled that this legislation was new and that they would probably make mistakes and will need to be corrected. He didn't think there was uniformity across the state. He said they have to do these on a case-by-case basis. He added what some counties are doing might not apply in Lane County. He said a lot has to do with how they are structured with their resources. He wanted to protect the interest of Lane County but also enact what the will of the voters wanted around Measure 37.
Howe noted that Tendick has a 53-acre property of which they are going to allow him one land division and is a range of between 20 and 30 acres for that to be decided at the time when he makes the application.
Sorenson asked if they were providing a waiver under Measure 37.
Howe said they are providing a waiver, the waiver being a modification of the existing land use regulations in effect on the property for Tendick.
MOTION: to amend the order to include the language that Vorhes recommended.
Stewart MOVED, Green SECONDED.
MOTION: to approve amended ORDER 05-5-11-12.
Stewart MOVED, Green SECONDED.
f. ORDER 05-5-11-13/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-5162, Kenny and Marta Gee).
Van Vactor explained what Vorhes prepared in the language in the first part of the order, first paragraph request that Kenny Gee shall be granted a restrictive dwelling and minimum area of provision to Lane Code that limits the division and restricts placement of dwellings, shall not apply to Kenny Gee so they may further divide the property into parcels or lots as small as two acres. He said the order does not propose a zone change but allows lot sizes smaller than two acres.
Stewart said that Gee testified in public comment asking to drop his request.
Van Vactor indicated the order implements what he is requesting.
Green asked what action he thought was being proposed.
Gee commented that with the zone change out of the picture, he thought they would be better off going back to the language within Measure 37 that doesn't restrict it any further than what it was when he acquired the property. He said Chapter 13, subdivision was in place in 1972. He noted Jackson County listed theirs in the order it was definite. He said it gives a listing as what they are looking to exclude. He agreed about specifying that the Planning Commission should be predirected to handle it as it was on the date, by the code that was in force at that time.
Dwyer asked if there was any discretion by the Planning Commission in 1973.
Howe thought there would be discretion being exercised in the application of those regulations.
Van Vactor indicated they didn't have a specific application from Gee other than the general one submitted for a zone change. He said that was why Gee proposed the discretionary language. Van Vactor didn't know which elements of the code could be waived. Van Vactor stated that Gee wants things back to the way they were with Chapter 13 in 1973. He said what the order says is if he gets a land division, it shall be in parcels as small as two acres so it sets a minimum.
Dwyer commented that the fact there was discretion doesn't make it so. He said if the discretion didn't automatically allow it, then it shouldn't be expected that they not apply the discretion they may have applied in 1973. He added that Gee's neighbors bought land figuring they were going to be in a rural setting. He said they had expectations that the Board should live up to also. He didn't see how Measure 37 gets around the equal protection clause of the U.S. Constitution and people who have subsequently bought property since Gee bought his property.
Sorenson asked what flexibility and responsibility the Board has. He asked what the law was at the time and what the applicant submitted as to what the law was.
Van Vactor didn't agree with the discussion about the temporary ordinance. His understanding of Ballot Measure 37 is the applicant needs to identify the regulation and the development of the property and that is what gets waived, Lane Code 16.212, which is what they explained.
Stewart said that Gee came in saying he wanted two-acre lots with homes on them. He thought it would be inappropriate to waive beyond what he wants. Stewart said they are waiving what he is asking for because it looks legitimate and proven that it has been taken from him. He said just because the Board waives the restrictions of two acre lots doesn't mean when he applies for a subdivision or to create smaller lots that he would legally be able to comply with septic and the infrastructure. Stewart indicated that Gee had the ability in 1973 to do it and Stewart thought they should grant him the ability to try to do it now.
Wilson commented that the discretion on the subdivision back then was related to the health and safety issues like water, septic and transportation. She added the health safety issues are not waived under Measure. 37. She said it appears that the solution accommodates both the lifting of the current restriction that is reducing the value of Gee's property and is protecting the health safety that Measure 37 says they need to do.
MOTION: to amend ORDER 05-5-11-13 including the wording inserted by Vorhes.
Stewart MOVED, Green SECONDED.
VOTE: 3-2 (Dwyer, Sorenson dissenting).
MOTION: to approve ORDER 05-5-11-13 as amended.
Stewart MOVED, Green SECONDED.
VOTE: 3-2 (Dwyer, Sorenson dissenting).
Stewart asked for clarification on the ex parte contacts. He also asked about the refund of the application fee.
Wilson explained that the ordinance as it was written was that if compensation were paid, as part of that payment there would be a refund of the application fee. She added at the time it was written it was not contemplated that if they waived the regulation there would be a refund of the application fee. With regard to the ex parte contact , she commented that these are not traditional land use cases, but they are the applications of regulations or the waiver of regulations to a specific piece of property. She said that makes them a quasi-judicial matter. She said as a quasi-judicial matter, there is an expectation that under ordinary administrative law that they are sitting in a quasi-judicial role as judges and decision makers. She noted that under traditional administrative law, the Board is expected to be impartial. She said the rules in the land use arena have been highly developed as to what ex parte contact means. She thought it was still good practice to be careful and cautious that they don't have the individual personalized contact on a quasi-judicial matter.
g. ORDER 05-6-8-3/In the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Decision to Approve a Template Dwelling and a Riparian Modification within the F2 Impacted Forest Zone (PA 04-5746 & PA 04-747/LeGault).
Steve Hopkins, Land Management, noted the question before the Board of Commissioners is whether to hear the appeal. He noted there are two appeals: one for the placement of the dwelling and one for the riparian modification. He stated that the landowner wants to place a dwelling on his property. He said there is no place for him on the property to meet the riparian set back. Hopkins said LeGault had to apply for a riparian modification. Hopkins explained if a property owner cannot meet the 100-foot setback from the ordinary high water mark, then there is a process to go through to meet the criteria and they can encroach into the 100-foot setback. Hopkins indicated that Mr. LeGault wants to place the house approximately 30 feet from the high water mark.
Hopkins explained the application was approved by the director then appealed to the Hearing's Official and the Hearing's Official affirmed the director. He said what is before the Board is the appeal from the Hearing's Official. He noted the one issue that was not covered was that the Hearing's Official didn't follow the correct procedure to revise his findings from the first determination on May 9 to his second determination on May 12. Hopkins explained what the Hearing's Official did was apply the riparian modification criteria. He said there are three criteria that must be met. He noted the Hearing's Official stated that they only needed to meet one of the three criteria instead of two of the three. Hopkins said the Hearing's Official discovered his mistake, corrected it and included a condition of approval to address it.
Dwyer asked how a house could be built within 30 feet from the high water mark and comply.
Hopkins responded that it applies to indigenous vegetation. He said that LaGault's property contains blackberries that were not indigenous and he removed the blackberries. He added they are allowed by the code in Section 2 as there are limits to the amount of indigenous vegetation that could be removed. He noted if a certain amount could be removed and not go beyond that, they could encroach into that setback. He noted that. LaGault complied with that.
Dwyer said they would have to address the merits of the case if they decide to hear the appeal. He wanted to hear the appeal.
Morrison asked if the Board wanted to hear the appeal.
MOTION: to move to hear the appeal.
Sorenson MOVED, Dwyer SECONDED.
Dwyer thought they needed to hear this because of the situation with the Matthew's property.
VOTE: 2-3 (Green, Morrison and Stewart dissenting). MOTION FAILED.
MOTION: to approve ORDER 05-6-8-3 to not hear the appeal.
Green MOVED, Stewart SECONDED.
VOTE: 3-2 (Dwyer, Sorenson dissenting)
A. Approval of Minutes:
B. Management Services
1) ORDER 05-6-8-4/In the Matter of Award of Bid LCP 2005-01 for a Construction Contract for Lane County Bus Barn Roof Replacement in the Amount of $71,400.
2) ORDER 05-6-8-5/In the Matter of Award of Bid LCP 2005-02 for a Construction Contract for Lane County Historical Museum Roof Replacement in the Amount of $82,848.
C. Health and Human Services
1) ORDER 05-6-8-6/In the Matter of Appointing the County Administrator or His Authorized Designee as County Financial Assistance Administrator for the FY 05/07 Department of Human Services Financial Assistance Agreement.
D. Public Works
1) ORDER 05-6-8-7/In the Matter of Renaming Hebron Grange Road (Co. Rd. 261), to Hebron Road, Without a Public Hearing (21-03-21).
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Green SECONDED.
Morrison distributed a letter and resolution regarding a situation in Florence and the possibility of the pioneer museum being able to move into Old Town and the Resurrection Lutheran Church moving back into the museum that was originally a church. She suggested staff doing more work on this and bringing it back next week.
Dwyer asked how Lane County could have jurisdiction within the corporate limits of Florence.
Morrison responded that the church facility where the museum currently is, is south of the bridge in Glenada, which is in the unincorporated part of Lane County.
Dwyer had no objection for them to make the application but he wouldn't waive zoning without a formal process.
Green requested that this go to the agenda team to be directed to the appropriate staff and bring it back to the Board in two weeks.
Morrison noted there are timeline issues.
Green announced that he attended a Leadership Training in New York last week.
Stewart announced that on Saturday there is a tour of Steve Woodard's tree farm.
Morrison accepted an award on behalf of the Board from the Lane Arts Council for extraordinary contribution to youth arts.
12. EXECUTIVE SESSION as per ORS 192.660
There being no further business, Commissioner Morrison adjourned the meeting a 11:35 a.m.
Melissa Zimmer
Recording Secretary


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text:
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my names johnny need freinds heres code 2064 0039 6549
added u chris heres code 2064 0039 6549
i added you my town name is miami and my name is johnny fc 2064 0039 6549
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Name: Ashley
Town: Ashville
Code: 4211-4737-4978


text:
Didnt i say that? Are you actually me or something? Are you my conscience lol ?Originally Posted by brainiac
Like I said it may not even come out in Japan or anywhere else.
Didnt i say that? Are you actually me or something? Are you my conscience lol ?Originally Posted by brainiac
No I said it in my first post in this thread.
Yes I am your concsience. "Tells Lee to go kill George Bush"
Lee does. LOL.
OMG, i have all this blood on my hands, what am i going to do? Tell me conscience!Originally Posted by brainiac
OK...I hope it will come out generally soon (May-June) but noting after that - it shouldn't take that long to make this channel.
2008 Jaguar XKR Portfolio
WiiChat Auto Enthusiast
Forum Moderator - [PM]
Hmm! I dont care I wont be the one going to jail.Originally Posted by lee.jarratt
burn! lOl
Emm Its meant to be coming out tomorrow not May/June.Originally Posted by FR.
It saddens me how Nintendo is so hush-hush with their upcoming projects/releases. I'd like to know what's in the works, as I'm losing interest in my Wii.
Finding out about new channels/VC games as they are released seems silly to me.
They only do this to surprise people, who knew about the 'everybody votes' channel? No one but hell i bet people liked the surprise. I know i did, no matter how crap the channel is, it's still a channel...Originally Posted by Scofco
Happy No Channel


text:
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Hey all.. I was playing this game in the middle of the night! it was a bullet chess game..I find it interesting to share.. Hope you all enjoyed it and happy checkmating!
Because pony said to flip the board :) and I did so read it backwards!
It says 1-0. Change that.
yeah, watched thinking you were white the whole time wondering how you were going to pull out a win. the display is upside down. but nice job now that I know you are black.
MerC az commentetoon :) be paye shoma nemiresim :D
brovo, that's too interesting
Played as black
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Artist: Pigface
Album: Notes From Thee Underground
Genre: Rock
can i steal your mind?
can i crawl down inside?
and when i am your child
can i feed in your eye?
can i drink the air in your lungs?
and can i breath your sweet thick blood?
my love is everywhere
my love will never escape
i love your body and mind
i will never escape
my love is everywhere } [x2]
my love will never escape }
my love is everywhere
no it will never escape
and can i take out the claw?
and steal the fruit in your hair?
and throw my body inside?
down where it's dark and it's grey
i love you more than you like
i love your body and mind
i love you more than you like
and it will never escape
my love is everywhere
no it will never escape
our love is everywhere
i will never escape
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SOUTH HADLEY – The board of historic Village Cemetery wants to digitize all its records and maps of the grounds, and three of its members recently appeared before the Selectboard to ask for help.
Member Jon Camp told the Selectboard he was not asking the town for money, but hoped for information on how to get on the National Register of Historic Places, which might help attract grants.
Village Cemetery, on Spring Street in the southern end of town, is also known as South Hadley Falls Cemetery.
The old cemetery is the final resting place of more than 50 Civil War veterans, said
Camp, and has tombstones dating as far back as 1727.
It also has the remains of some of the most prominent people in South Hadley history, whose names are familiar from street signs.
"Lathrop, Smith, Bardwell, Lamb – every name of old South Hadley is in there," said Pauline Casey.
The cemetery, which is not full, gets requests from people all over searching for their roots. "Peter has been getting those calls for years," said Camp, referring to longtime cemetery board member Peter Sudyka.
Robert Judge, chairman of the Selectboard, was enthusiastic about the cemetery board's efforts, saying that another distinguished historic landmark could add to the revitalization of the Falls area.
Judge, a previous chairman of the South Hadley Historical Commission, said he regretted that the town has not gotten further in its pursuit of Historic District recognition for the Falls. That designation requires a much more complex, exhaustive process than the Register, he said, but it holds the key to getting grants.
After the meeting, Judge provided Camp with names and telephone numbers he had gleaned in earlier efforts to win Historic District status for the Falls.
Even though the arch over the entrance of Village Cemetery bears the date 1727, the cemetery opened in 1839 on land that was donated by the great-grandchildren of Daniel Lamb, according to John Zwissler of the South Hadley Historical Society.
The reason it contains older gravestones, said Zwissler, is that remains were moved from older cemeteries in the Falls. For example, nearby High Street used to have a private burial ground for the Cooley-Chapin family, until later generations built a house on the spot. Camp remembers hearing about it as a child.
The oldest burial ground in the Falls area used to be at what was called North Chicopee Street and Theroux Drive, said Zwissler. Today North Chicopee is called Syrek Street, and it's part of Chicopee.
Village Cemetery is private and independent, with upkeep provided by its cemetery association and superintendent, who mow the grass, fell trees and replace them. When a call went out to help clean up Village Cemetery in 2000, said Casey, the list of volunteers ran to four pages


text:
What a week for women's soccer!
While much of the world has their eyes transfixed on Germany for this summer's FIFA Women's World Cup, Western Massachusetts's Women's Premier Soccer League outfit, the New England Mutiny, have almost miraculously played their way back into a tight divisional race after last week's 2-0 divisional loss to CFC Passion.
The loss was the second straight for the Mutiny, and seemingly put their playoff hopes on the ropes. In the matchup leading up to the loss to the Passion, the Mutiny lost in painstaking 2-1 fashion against the CT SoccerPlus Reds.
Next on the docket for the Mutiny is the division's cellar dwellers, Seacoast United of New Hampshire. After Thursday night's action Seacoast United stands at 1-4-2 on the season, with just five points on the year.
The Mutiny matchup against Seacoast United is the home finale for the Mutiny. The game kicks off at 7:05 p.m. on July 9 at Northampton High School.
In a must-win game Thursday night, the Mutiny took down division leader Boston Aztec U-23 2-1 thanks to goals from Alexis Veith, and Therese Smith. The win bottlenecks things atop the Northeast Division as the Mutiny, along with Boston Aztec and U-23, are scratching and clawing for playoff position.
The Mutiny got rolling in a very un-Mutiny-like fashion as Veith's goal poured in in the second minute. Smith's goal came early in the second half, to garner the win.
Coming down the stretch, the Mutiny must work out the kinks in their game for this playoff drive to come to fruition. Against CFC, the chances were there for the New England club, but the goals were conspicuously absent.
"We create these beautiful opportunities and we haven't been able to capitalize on them and it has plagued us," Mutiny coach Lauren Molinaro said.
However not all was lost last weekend, as the Mutiny were able to help the community by raising $1,112 for the American Red Cross's local tornado relief efforts. In addition to the monetary donations, local soccer fans contributed plenty of food and clothing.
Molinaro and company were quite proud to be able to be a part of something with such a high-reaching impact.
"I told our players before the game, 'You're doing something amazing today'," Molinaro said. "To know that we're doing something great for tons of families in the area is a great feeling."
In addition to their charitable contributions, the Mutiny also had U-20 team member Merissia Phipps in the lineup. Phipps, a Monson native, was affected by the June 1 tornadoes, which destroyed her house and car.


text:
With production set to start in New Orleans on Feb. 28, casting announcements regarding 20th Century Fox's big-budget 3-D "Abraham Lincoln: Vampire Hunter" are starting to trickle in.
Last week, it was reported that Ben Walker had been cast to play the 16th U.S. president in the film version of the Seth Grahame-Smith novel that re-imagines Honest Abe as an ax-wielding protector of humankind. This week, Deadline New York says Joaquin Phoenix just might be joining him.
In a blog post on Monday (Jan. 31), Deadline reported that Phoenix is the front-runner for - and has actually been offered - the role of Henry, the film's Yoda character who teaches Abe exactly how to snuff bloodsuckers.
There's no word as to whether Phoenix is interested, although he is said to have met with the film's creative team.
Keep in mind, this is all in the rumor stages. In fact, Fox hasn't issued any official casting announcements at all so far.
This much is confirmed, though: "Abraham Lincoln: Vampire Hunter" is being directed by Timur Bekmambetov and produced by Tim Burton. It is scheduled to shoot in New Orleans for 75 days starting Feb. 28, with a release set for June 22, 2012.


text:
The Army Corps of Engineers is close to finalizing plans to tie the West Bank hurricane protection system into the Mississippi River levee, the last link in a 66-mile chain of levees and floodwalls protecting parts of Jefferson, Orleans, Plaquemines and St. Charles parishes.
Called the Western Tie-In, the new 4-mile levee will connect the Lake Cataouatche levee south of Waggaman to the Mississippi levee near Ama in St. Charles Parish, following the contour of the Davis Pond Freshwater Diversion Project.
Plans call for a section of U.S. 90 west of the Jefferson-St. Charles Parish line to be raised over a new floodwall, preserving the highway as a key evacuation route.
Floodgates would be built across Bayou Vincent and at two sets of railroad tracks.
Most of the new levees and floodwalls would be built to 15.5 feet above sea level to guard against a storm with a 1 percent chance of hitting in any given year. As a point of reference, U.S. 90 is about 6 feet above sea level.
Corps officials said they decided to build the new levee on the south side of the Outer Cataouatche Canal, which parallels U.S. 90, to spare a handful of homes and a business between the canal and the highway.
A preliminary environmental report found that the project would require filling 204 acres of wetlands.
A full report on the project's environmental and human impacts is expected to be released in a couple of months, said Gib Owen, chief of the corps' ecological planning and restoration section. After the report's release, officials will set a timeline for bids and construction.
Owen said the corps had hoped to release the report earlier, but it has been delayed as engineers determine what type of floodgate to build across Bayou Vincent to minimize the impact on 2,000 acres of wetlands that are hydrologically connected to the bayou.
The new levee is designed to protect the western end of West Jefferson and a sliver of eastern St. Charles Parish from storm surge coming up the Barataria Basin through Lakes Cataouatche and Salvador.
A video showing the three options studied by the corps can be viewed at www.mvn.usace.army.mil/hps2/videos/tiein/tiein_video.asp
Paul Rioux can be reached at firstname.lastname@example.com or 504.826.3785.


text:
Peralta to start in left field tomorrow
After the Tigers put Jhonny Peralta on their Division Series roster, then struggled offensively through two games, you had a feeling this was coming. It was more a matter of when.
Jhonny Peralta will start in left field at Comerica Park for Game 3 Monday afternoon. It's a risky move for multiple reasons, but at this point, it's one Jim Leyland's willing to make to try to spark his moribund offense.
Peralta is just 1-for-9 off Oakland starter Jarrod Parker. Andy Dirks is 3-for-11, but his hitting the last few weeks has shown even favorable matchups have betrayed him.
5 Comments
Go jhonny go, go.
great starting pitching with no offense and a **** bullpen will not get a team very far in the postseason.
We can talk about Iggy/Dirks/kelly/Peralta all we want, but Cabrera, Fielder, VMart, Torri and Ajax need to hit or we won't win.


text: I am currently using Nosler HPBT (155g) for working up my loads and learning the tricks of reloading. I also bought the Nosler Silvertips (150g) for varmint shooting. I now realize that I have different setups for reloading the 2 rounds (seating depths) and different zeros on the scope. To make things easy what bullets do you recommend that would be the best of both worlds (ie 500 yd target, 200 yd varmint)?


text:
The proposed Sunderland town hall building blueprints have NOT been finalized.
The blueprints for this building have not even been started yet, and will not commence until and unless a successful bond vote is achieved in March, 2013.
The documents that have been prepared for the New Town Hall Building and presented to the Selectboard are Preliminary Design Drawings only, accompanied by a Preliminary Cost Estimate for the proposed construction of the project.
According to specific language contained in the Request for Proposals for Architectural Services which was approved and advertised by the Selectboard on July 21, 2012, "a design meeting with the Building Committee and the Selectboard to review the preliminary design plans, discuss and agree on design changes, review budget and schedule, identify potential issues yet to be resolved, and coordinate remaining tasks," is scheduled to be conducted following a successful bond vote in March, 2013.
It would seem reasonable to expect elected officials, entrusted with the disbursement of public trust funds, to understand the terms of the contracts they sign, including the basis under which they are signed, especially when those contracts are subject to the specific conditions contained in documents approved and advertised by those same officials.
It would also seem reasonable to expect elected public officials to at least read their own contract documents and exercise more prudence or discretion before publishing misleading and erroneous opinions regarding town business, especially regarding a subject of such great importance.
Licensed Registered Architect


text:
It's 9:18 p.m. and my son, Cooper, and I are glued to the television watching the Super-Tuesday returns with the same kind of excitement we felt watching Sunday's Superbowl game (Go Giants!). Polls closed in New Jersey at 8 p.m. and McCain was declared the clear Republican victor here shortlly thereafter.
But the nailbiter for many of us is the Clinton-Obama contest where polls in the last week showed a double-digit lead by Clinton whittled to 5 points. Obama suppporters have been exceptionally energized in the last week and held out hope for an underdog victory. But just minutes ago, ABC declared Hillary Clinton the projected winner of the Democratic primary in New Jersey with just 25% of precincts reporting. Other news outlets, including NJN have yet to call the race.
As it stands right now, each candidate's delegate count (in total based on what was previously won and what has now been called) are: Obama 224, Clinton 274 delegates. McCain 199, Romney 93, Huckabee 61 and Paul with 4.
The night is young, Huckabee is beating expectations and there are many states left with votes to count. Bring on the chicken wings.


text:
The Anna Maria Island Privateers kick off July 4 with a parade and party.The parade leaves Coquina Beach at 10 a.m. runs the length of the Island to Anna Maria Bayfront Park. A party takes place and scholarships will be awarded starting at noon at Anna Maria Island Beach Cafe at the Manatee Public Beach, 4000 Gulf Drive, Holmes Beach. Fireworks light up the shore July 4 at the Sandbar, Anna Maria, as well as July 2 at the Mar Vista on Longboat Key, and July 3 at the BeachHouse Restaurant, Bradenton Beach.
Welcome to the AMI Fourth of July holiday!
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text:
The Human Services budget includes money for the Division of Youth and Family Services. The agency is under a federal court order to reform the system that oversees neglected and abused children.
Christie's budget proposal assumes a $1.3 million savings by eliminating the child advocate, an independent post that oversees DYFS.
The Labor and Work force Development budget is seen as a crucial post-recession jobs building block.
The Democratic-controlled Legislature must approve a budget and send it to the Republican governor by July 1.


text:
TALLMADGE TOWNSHIP, MI -- A 17-year-old Grand Rapids teen was sending and receiving texts in the moments before his car crashed head-on into another vehicle on a Tallmadge Township road.
The teen has been identified as Jacob Daniel Freybler.
On his Facebook page, Freybler identifies himself as a Kenowa Hills High School student.
Ottawa County sheriff's deputies say he was driving south on Eighth Avenue about 10:45 p.m. Wednesday, north of Lincoln Street, when his 1996 Oldsmobile Sierra crossed the centerline and struck a GMC Terrain.
The driver of the Terrain, Timothy Anderson, 59, of Grand Rapids, suffered broken bones and other non life-threatening injuries. He was taken to Spectrum Health Butterworth Hospital for treatment.
Anderson's passenger, Ryan Anderson, 33, was not injured, Austin said.
Ottawa County's sheriff's Sgt. Steve Austin said the crash is under investigation.
E-mail John Tunison: firstname.lastname@example.com and follow him on Twitter at twitter.com/johntunison


text:
Nicholas Luongo, 81 of Clinton, died Friday, Nov. 22, 2013, at his home.
He was born on March 15, 1932 in Newark. He was the son of Genevoso Luongo and Angela Rosamilia.
Nick honorably served his country as a marine in the Korean War. Later he was a handy man to his properties in Clinton for 42 years.
In addition to his beloved wife, Angela, he is survived by one daughter, Laura Fisch and her husband Wayne. Four grandchildren, Tara Cornish, and her husband Nick, Heather Luongo, Rachael Fisch, and Trevor Fisch, along with seven great-grandchildren.
A graveside service will be held on Wednesday, Nov. 27, at 10 a.m., at Evergreen Cemetery on North Halstead Street in Clinton. Arrangements by Scarponi-Bright Funeral Home, Lebanon.
Memorials to the American Diabetes Association, Box 11454, Alexandria, VA 22312.


text:
Bad luck for a reason
Bad luck for a reason
I read the article about the airplane that crashed and killed 63 people
on April 4th, 1977 and was reminded of the familiar connection I had to it.
I was 17 years old. I lived in Birmingham. I didn't know anyone in
Huntsville but I remember that morning well. I lived in an apartment
complex with my mother and sister.
There was frost on my car that I
ignored in my haste to get my little sister and myself to school on time.
I backed into a car that was parallel parked behind me.
The owner of the car was of course furious with me. Especially
since he was supposed to drive to Huntsville to catch a plane to Atlanta.
He had to take his wife's car instead. It broke down on the way to
Huntsville and he missed his flight.
What if there hadn't been frost on my car?
What if he didn't park there?
His name was Mike.
Jody Weinstein
Huntsville, 35802
A hockey legend
I want to thank Mark McCarter for the wonderful article regarding Jim Harris and his partnership with Tampa. This is a week many of us have dreamed about for a long time. Eight years ago Jim Harris and UAH hockey forever became part of the Tampa Bay community and we became lifelong fans of UAH hockey.
Thank you for putting into words and telling the story of Jim's involvement making this happen. Tampa Bay will forever be indebted to our friend and adopted resident Jim Harris.
While I know he is dearly missed by family, friends and the UAH community, I can assure you he is also missed but not forgotten here in Tampa. Thanks so much for helping us remember Jim.
Jeffrey M. Adams
Saint Petersburg, Fla. 33731
The Bible and politics
In today's political world, the conservatives are considered to be on the right and the liberals considered to be on the left. A friend pointed out Ecclesiastes 10:2.
The chapter and verse (NIV) reads: "The heart of the wise man inclines to the right, but the heart of a fool inclines left."
Guess our political forefathers read their Bible before planning. Now we see the Bible did in fact, have an impact on our politics. This confirms what I have known for a long time. So, now the liberals must find their Bibles and search for relief from this truth.
George W Wells
Huntsville, 35803


text:
Event Details
Date(s) & Time(s)::
October 5, 2013 at 10:00 AM until 3:30 PM
Location: St. Paul's Episcopal Church, Wellsboro, PA
Phone: 570-724-4771
Email: firstname.lastname@example.com
Link: http://www.N/A
Event Description
St Paul's Episcopal Church, Wellsboro, PA is having their 50th Anniversary Antique Show and Sale on Saturday, October 5, 2013 from 10 AM to 3:30 PM. This one day event will have 15 Vendors, Door Prizes, Raffles for Antiques and a quilt made by the St Paul's Quilters. Great food will also be available. Admission is $3.00.


text:
An Epic Win from Icing by Claire's
When I first snatched up Epic Winning from Icing about a month or so ago, I didn't put two and two together. Honestly, I had no clue it was inspired from one of Charlie Sheen's epic quotes, but it didn't take long to catch on. Instead, I thought about how great this color would be for an UK fan being from Kentucky.
Epic Winning is a combination of navy blue and silver holographic glitter in a clear base. The holographic glitter is sparse, nothing like a linear or a true prismatic shade; it's scattered all over the place and really pops when layered over a darker color like Midnight Cami from Essie (pictured above). On its own, it takes 3-4 coats for complete coverage and the formula was very thick.
You can find Epic Winning at Icing stores only. The retail price is $4.50/ea for .5 oz or BOGOHO (buy one, get one half off).
Is this an Epic Win for you? Have you spotted any of the Charlie Sheen inspired nail polishes at Icing? Hope you're having an awesome weekend!
Posted by Steph at 11:21:pm
views / 4 comments
(4) Comments
Katy said on Jun 27th, 2011 6:05 pm
It looks crazy glittery there.
As soon as I see the name, I think of the Youtube song. After all these months, I worked so hard to get it out of my head...
Karli said on Jun 27th, 2011 6:57 pm
WOW - this is just beautiful!!! What an amazing combo! I'm all about holo glitters lately. I'll have to track down an Icing store near to me.
karla said on Jun 30th, 2011 9:18 am
Love all the sparkle and shine!!!
martha said on Aug 1st, 2011 8:13 pm
It kinda looks like the solar system stars. lollz at least thats what I think.