Agenda - 04-01-2014 - 6a - Laserfiche WebLink

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6 1 2 VOTE: UNANIMOUS 3 4 Discussion and Approval of the Items Removed from the Consent Agenda 5 6 6-h McGowan Creek Sewer Interceptor Project—Acceptance of State Revolving Fund 7 Loan 8 The Board considered approving and authorizing the Chair to sign the Resolution of 9 Acceptance for the State Revolving Fund (SRF) Loan for this project; and authorizing the 10 Manager to sign the State Loan Offer and Acceptance letter on behalf of the Board of County 11 Commissioners. 12 13 PUBLIC COMMENT 14 Mike Efland said he is a property owner on McGowan Creek. He said the sewer project 15 has passed over this property once and will now pass over a second time. He is not opposed to 16 the sewer line itself. He said the newest line is for the pump station is only to decommission a 17 pump station on Cedar Grove Road, and it is not going to serve anyone but the pump station. 18 He asked about the cost of putting the line in versus updating the pump station. He feels this 19 whole process allows for no negotiation, because the land can be condemned if property 20 owners don't allow easements. He said there should be a negotiation process when owners 21 are asked to allow an easement. 22 He said there was some discussion long ago about a green path through the property, 23 and he placed his home right on the setback of the floodplain. He said this sewage line will 24 come between his home and the flood plain. He said the County has only offered him $800, 25 and he feels his rights have been violated. He said privacy is very important to him, and he 26 paid taxes and bought the property. He said now there are trees being cut down, and there will 27 be a big path beside his house. He said he wants something in writing to make sure this path 28 does not become a greenway in the future. He does not feel he should have a tax increase on 29 his property because he has access to the sewer when he does not need it. 30 Mike Efland suggested a fence and a gate if the County needs to access this line for 31 maintenance. He does not want the public using the path on his property as a public access to 32 the creek. He wants something to protect his property, and he wants something in writing. 33 He said he feels he has been railroaded and he has tried to negotiate, but it has fallen 34 on deaf ears. 35 Chair Jacobs asked Michael Talbert how this should proceed. 36 Michael Talbert said this does not affect the revolving loan. He said the line has been 37 approved and contracted, and this is just final approval of the loan package that helps pay for it. 38 John Roberts said this will depend on how strongly the state will enforce its assurances. 39 He said the County is required to make sure all easements are acquired. 40 Chair Jacobs confirmed that as of now, Mr. Efland has not signed an agreement. 41 John Roberts said this is correct. He said there has been a notification of intent to 42 condemn. He noted that the condemnation process does not take the land, only the easement 43 or right of way, and the land remains with the land owner. He said a notice of a condemnation 44 of an easement has been sent, and this should satisfy state requirements. 45 Chair Jacobs asked if there is a window of opportunity to still have negotiations with Mr. 46 Efland. 47 48 Craig Benedict said the easement being required is for utility purposes only, and it is not 49 for greenway purposes. He said this can be specified, and he believes the County has agreed 50 to have a gate. He said he will work with the attorney's office to put this in writing. He said if