BOARD OF COMMISSIONERS'
REGULAR MEETING
July 12, 2006
following HACSA
Commissioners’ Conference Room
APPROVED 8/15/06
Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Faye Stewart present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Item 5. c. is a resolution, not an order. Wilson reported the Board has an order and a first reading of an ordinance that was handed out under 5. a. in place of the ninth reading of Ordinance No. 1-06.
2. PUBLIC COMMENTS
Fred Merten, Eugene, spoke on the grant proposal
through ODOT that would locate a sidewalk along
Jim Hale,
Sorenson thought the agenda team should have a briefing in November after the election to see what happens with the Secure Rural Schools Act. He said once the voters and congress make their decision, they might have to start paring down the budget.
Van Vactor suggested having the Leadership Team meeting in November.
Hale thought they needed to make it clear in the campaign about the two percent cap. He said they needed a positive statement in the voter’s pamphlet so people have a clear warning.
Van Vactor requested that Budget Analyst David Garnick do an analysis at two percent with the exemption between $10,000 and $20,000.
Charles Moss, Eugene, asked how the taxes would be collected.
Van Vactor responded the County would contract with the City of Portland.
Moss noted they would raise $65 million and $23 million would go for
public safety. He asked where the other $42 million was going.
Stewart explained in the general fund they pay $40 million to public
safety. He said they would remove those
services out of the general fund and create a new public safety service. He said with the $23 million of new services
and the $40 million needed to pay for the public safety services that would be
the money generated from the income tax.
He said they would be giving back approximately $20 million in property
tax relief and the other $23 million from the federal government and the Secure
Rural Schools Act. He noted they would
be moving that out of the general fund and paying for the services. He said they are going to ask citizens for
new dollars in the amount of $23 million.
Joellen Sanderson,
Joseph Verna,
Ann Verna,
John Dodge,
Zachary Vishinoff,
Morrison said she knew where the parcel was for the park. She knew why the park was closed. She was comfortable with the action moving
forward.
Amy Pendell, Creswell, read the response from Attorney Willis regarding the
information the neighbors collected on the Bernheim property. She said the Bernheims never denied any of
the information that was conveyed to the people via affidavit. She said there were affidavits from the real
estate agents that sold the property that conveyed it wasn’t sold, it was an
option agreement and neither one was present during the option agreement
negotiation. She noted a Rick Harveck
had a prospectus from Frontier Resources to cut the timber. She wanted to know why Bernheim had told
people that he had sold the property and why the amount it was sold on the MLS
listing was different than was listed and why it said it was a cash deal.
3. EMERGENCY
BUSINESS
None.
4. COMMISSIONERS'
REMONSTRANCE
None.
5. COMMISSIONERS'
BUSINESS
a. FIRST READING Ordinance No. 6-06 Amending Chapter 4 of Lane Code to Add Provisions for a Lane County Public Safety Income Tax, to Adopt Administration and Collection Provisions, To Renumber Differential Tax Provisions, and to Set an Effective Date (LC 4.500 through 4.571).
MOTION: to approve a First Reading and setting a Second Reading and Public Hearing for July 26, 2006 9:00 a.m. for Ordinance No. 6-06.
Green MOVED, Stewart SECONDED.
Stewart questioned the deductions. He noticed it was still at $2,500 and $5,000.
Sorenson asked what the tax rate was from.
VOTE: 5-0.
ORDER 06-7-12-16
Amending Order No. 06-6-28-10 to Revise Ballot Title Question to Reflect
the Income Tax Limitation Charter Amendment
MOTION: to approve ORDER 06-7-12-16.
Green MOVED, Stewart
SECONDED.
VOTE: 5-0.
b. RECOGNITION/Recognition
of Kennel Clubs.
The Board recognized
the Eugene Kennel and Cascade Kennel Clubs.
c. REPORT
BACK/Public Information Plan Progress.
Melinda Kletzok,
Public Information, explained the “Working for You”
initiative is up and running. She said
they have reached 18 urban and rural communities. She noted they had contacts with 530 people
and they have 11 more presentations scheduled.
She sent a DVD “Working for You”
to the Board and E-mail signatures for all staff. She added they have a “Working for You”
public service announcement in Spanish and an Internet site. She noted they have just done the fourth
edition of the employee newsletter Working Connections. She indicated there would be a “Working for
You” presence at the Lane County Fair.
Morrison wanted to
know if they are answering questions employees have.
Kletzok said they
would do follow up meetings and surveys.
d. ORDER 06-7-12-1/In
the Matter of Appointing Commissioners as Voting Delegates for the National
Association of Counties Annual Meeting.
MOTION: to approve ORDER 06-7-12-1.
Green MOVED, Stewart
SECONDED.
VOTE: 5-0.
e RECOGNITION/In the
Matter of Awarding Peder Allison, LMD, a S.A.V.E. Award of 4 Hours of TM and
John McCune, MS Facilities, a S.A.V.E. Award of 4 Hours of TM.
The Board recognized
Peder Allison and John McCune for their S.A.V.E Award proposals.
f. DISCUSSION/Participation
in the Annual Blackberry Jam Festival Parade.
Stewart reported
that the Blackberry Jam Festival is July 28-29 and they have prepared a covered
bridge float that will be in the parade on Saturday at 11:00 a.m. He added on Friday Jul 28 they would be
dedicating the coin for the
g. REPORT
BACK/Policies & Procedures Report -
David Suchart,
Management Services, recalled that the Board had asked Policies and Procedures
to examine a number of issues regarding use of County property. With regard to the Wayne Morse Free Speech
area, he is still working on that to include cameras. He said he is in communication regarding the
ongoing presence of law enforcement officers at various times. He brought back the rules that will be
included inside the policies and procedures for the section referring to the
Wayne Morse Free Speech area regarding electricity. He said they would issue permits as they will
for any County facility. He standardized
the form. He said the people using
electricity will pay the fee for the electricity and leave a deposit. He said the deposit will be refundable, but
the fee would be kept. He said they have
improved the electricity by being able to program it. He is moving ahead to
turn the electricity on using the permits under the rules in Section D.
Dwyer asked if they
had to make amendments and put it on the Consent Calendar.
Green indicated that
he responded to Senator Wyden’s letter to let him know there would be a report
back from Policies and Procedures. He
noted that this was not a federal issue.
He told them he thought the Policies and Procedures Committee would make
a favorable recommendation to the Board regarding restoring electricity. He added it wasn’t only about electricity but
the other issues that were taking place.
6.
a. Announcements
Van Vactor discussed
the AOC courthouse survey. He noted
there was an earlier survey that David Suchart filled out. He noted the AOC courthouse survey is a more
policy level survey. He suggested having
Suchart produce a first draft and they will put it back on the agenda for the
Board to review.
7. PUBLIC
WORKS
a. ORDER 06-7-12-3/In
the Matter of Authorizing the County Administrator to Sign a FY 08-09 Bicycle
and Pedestrian Grant Application to the Oregon Department of Transportation
(ODOT) for Sidewalk Improvements on Hyacinth Street, Between Irvington Drive
and Calla Street, in the Vicinity of Irving Elementary School.
Celia Barry, Public
Works, indicated that current principal Brian Flick was not able to attend as
he was out of town. She said that Flick
had been working with them to see if they could apply for this grant. She indicated that they were asking to apply
for the grant, not to address the issue of assessments. She noted it is for sidewalks on the west
side of Hyacinth, 2/3 miles long. She
said because of the short distance, it would be difficult to spread the cost
out to each property owner. She asked
the principal to see what type of support there might be for the project. She reported that if all the assessments were
waived, 2/3 of the 24 property owners would support the project. She added if there were any assessments, some
of them said no or they were undecided and it would depend on the cost. She stated if the grant were successful, they
would be back to ask to waive 100 percent of the assessments. She noted the grant will pay for 90 percent
of the project costs and the other 10 percent could be paid through a soft
match in engineering that they would propose come out of the road fund. She indicated that it would be labor for
design and engineering and the Home Rule Charter in Section 92 allows for that.
MOTION: to approve ORDER 06-7-12-3.
Green MOVED,
Morrison SECONDED.
VOTE: 5-0.
b. DISCUSSION/Long-Range
Planning Work Projects and Revenues During the Fiscal Year 2006-2007 (NBA &
PM 6/21/06).
Jeff Towery, Land
Management, reported the additional money that the Budget Committee dealt with
is not in this work plan, only the $170,000 that was approved by the ED
Standing Committee.
Green asked whose
work plan this was.
Towery responded
this was the work plan requested by the Board.
Kent Howe, Land
Management, explained as a result of an earlier meeting and discussion, they
had revised the proposed work program. He said they changed the scope of some
of the projects and suggested additional projects. He said this provides for discussion of the
metro planning issues, the Ballot Measure 37 staffing issues and the narrowing
of the scope of the overhaul of Chapters 10 and 16 to just housekeeping. He noted on June 30 LCDC directed their staff
to amend the rule requirements for specific minimum lot sizes in the commercial
and industrial zone and now Lane County doesn’t have to do that task. He
indicated they have to do the mandated periodic review requirements related to
dredge disposal sites and the Cultural Resources Management Plan Study. He reported that they need to amend the code
to comply with the legislative updates to the codes from the statutory changes
that are incurring in the 2003/2005 session plus court decisions. He noted the
GIS, E-government and airport planning projects still need to be done. He said
they had identified more projects than the $170,000 allocated under the video
lottery funding. He wanted the Board to
focus on the priorities and not the funding source.
Dwyer asked if
rewriting Chapters 10 and 16 qualifies for video lottery dollars.
Towery responded that
they made that presentation to the ED Standing Committee and the Board. He said they have $385,000 in long range
planning projects that would be eligible for video lottery dollars. He noted the Board and the standing committee
had only approved $170,000. He asked the
Board if there were projects they wanted them to do, not using video lottery
dollars. He added there is the
flexibility to do that and still have an adequate allocation from the ED
Standing Committee’s work to use up the $170,000. He said if they don’t want video lottery
dollars to be spent on Chapters 10 and 16 or Ballot Measure 37, they could pull
those projects from the work plan. He
added they could be directed not to use video lottery money to support those
projects. He stated they still have
eligible work to utilize the allocation.
Green asked what the
consequences would be.
Towery responded
that they have adequate funding through the long range planning surcharge,
video lottery and the grants they identified. He added they could use
long-range planning surcharge dollars to do those projects and not tap video
lottery.
Green asked how
staff determined that these were the priorities they wanted them to look into.
Howe indicated the
determination was from the Lane County Planning Commission, updates by the
legislature, statutes, rule making and court decisions. He said the mandates in
their periodic review work program have been adopted by the Board on projects
that are ongoing.
Dwyer was concerned
with the source of money. He didn’t want
it coming from video lottery money and he didn’t want it to backfill other
programs. He commented that video
lottery is for economic development.
Morrison recalled on
their original list it showed the community wildfire protection plan for
$16,829. She said that was coming out of
Land Management development fees. She
noted that out of Title III funds for the $150,000 request, they were just
given $55,000. She added that she wanted
the $55,000 to go for the same thing.
She explained that money is to go as an education piece that was in the
original proposal.
Dwyer didn’t want to
work on something unless their partners wanted to do it.
Van Vactor commented
that sooner or later their partners would want to process some metro plan
amendments and instead of automatically scheduling it, he recommended bringing
it up with other issues.
Morrison asked where
they are with the Middle Fork Willamette Watershed. She hadn’t seen it come forward.
Howe said the reason
the Board hadn’t seen it was the challenge Goal 1 raised the issue of
commercial and industrial zones not complying with the rule that requires a
specific minimum lot size in those zones.
He recalled on June 30, LCDC directed staff to change the rule to
eliminate the language. He said in 1996
the rural residential rule came out and set the minimum land division size at
two acres. He said for commercial and
industrial lands in 1998 and 1999, the rules came out and didn’t distinguish
the types of uses that were urban and rural.
He said it is now 35,000 minimum for commercial and 45,000 for
industrial. He said that set the
standard and they forgot and left in a specific lot size. He noted that LCDC has directed their staff
to remove that language from the rules. He said they will comply with the rules
and they could move the plan amendments and the
Dwyer wanted the
Measure 37 and Chapters 10 and 16 out of video lottery dollars. He wanted items
that qualified for economic development be given the funds. He commented some items are not economic
development, they help with planning. He
wanted outputs and outcomes.
Morrison asked since
they had already allocated for the long range-planning surcharge, what would go
off the list.
Towery said the
projects that went through the ED Standing Committee total about $385,000. He said they had already built in the
$215,000 difference out of the long-range planning surcharge. He said if the Board doesn’t want to work on
a couple of projects to not charge to video lottery, they will use more video
lottery for the other projects and shift the long range planning projects
surcharge. He commented that the funds
are there without having impact on the other projects.
MOTION: to do the work plan for those projects that
are appropriate.
Green MOVED, Stewart
SECONDED.
VOTE: 5-0.
c. FOURTH
Jerry Kendall, Land
Management, recalled that during the original public hearing, the Goal 1
coalition submitted an extensive document that the applicant later addressed
through submittal of new evidence that required a third reading. He said only
the Goal 1 Coalition took the opportunity to submit information. He noted the applicant did not request a
revised rebuttal. He indicated what is
in front of the Board is the applicant’s findings and the latest version of the
staff’s findings and a comparison document that shows the changes from the
original findings staff proposed at the second reading.
MOTION: to adopt Ordinance No. PA 1231.
Green MOVED, Stewart
SECONDED.
ROLL CALL VOTE: 3-2 (Dwyer, Sorenson dissenting).
d. ORDER 06-6-14-8
AND DELIBERATION/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 05-6581, Bernheim) (NBA
& PM 6/14/06).
Howe recalled the
Board heard the Bernheim claim on June 14.
He said they left the record open for additional information to come in
and the Board received that information.
He noted there was evidence in the record that appears that the tax lots
were sold. He said they have the
deeds. He said it appears they have the
date of acquisition and who the current owners are. He added the issue of the option is before
the Board. He said the option appears
that it could be exercised at any time by the purchaser, it doesn’t have an
expiration date and it comes down to the Board’s opinion on whether the option
agreement has the effect of a new owner on a Measure 37 claim or not.
Van Vactor indicated
there was evidence of value from the real estate broker.
Morrison commented
that she thought ownership was still held by the Bernheims.
MOTION: to approve ORDER 06-6-14-8.
Morrison MOVED,
Green SECONDED.
Stewart though they
met the requirement of the law.
Dwyer thought this
issue needed to be litigated.
Stewart contacted
the state about this situation and was told unless the option strictly says
that he cannot do this, he has ownership and the option means nothing. He was concerned that they might not have the
option to give a waiver once it goes to Court.
He didn’t think it was in the best interest of the citizens of
Green asked if the
information that had been submitted was qualified.
Vorhes thought the
title to the property was vested in the Bernheims in all of the areas, given
the information they received to clear some of the questions at the
hearing. He added it was clear the title
vested on the dates that are indicated.
He said the issue the option raises (even though legal title is vested
in the seller on a land sale contract) is they took the position that the
seller is now acting as a mortgage or lien holder and has a right to
payment. He noted the option is close to
that and has the potential to turn into that.
He said the control is in the option holder and given the language in
Measure 37 about what an owner is, there was enough room for debate as to
whether the Bernheims still had an interest in the property. He thought they did have an interest in the
property. He thought they had a right to
assert a claim. He said the order is set
up to only speak to the Bernheims. He said
if they retain legal title and authorize people to operate on their behalf,
there is nothing in the measure that necessarily precludes that unless they are
no longer “an owner” and no longer have “an interest” in the property. He indicated that until the option is
exercised, the Bernheims continue to hold legal title to the property.
Sorenson commented
that the ultimate value of property is what jurors would say and think.
Dwyer thought the
neighbors were abused by this.
VOTE: 3-2 (Sorenson, Dwyer dissenting).
Stewart noted that
when he was at the last Region 2050 meeting, there was a presentation on
Cluster Development (Copy in file). He
said it could offer relief on the resources.
He asked if they could offer this for Measure 37 claims as it would have
less impact on the neighborhood.
Howe responded they
have a cluster subdivision ordinance that has never been used. He said there are some policies within it
that have disincentives that make it unusable.
Dwyer thought
cluster development was a good concept.
Howe said in the
statewide planning program, the issue is an urban type of development pattern
in cities but it is hard in the rural areas to distinguish it from urban, and
that is why it is not used. He thought
they should develop incentives to encourage this type of development if these
Measure 37 claims are going to turn into reality. He thought he could come back and do a
scoping on what a program would look like.
He added that a cluster development is cheaper to implement than under
the standard one.
8. CONSENT
CALENDAR
A. Approval of
Minutes: None.
B.
1) ORDER 06-7-12-4/In
the Matter of Contributing $8,500 from the General Fund Operational Contingency
to the Eugene Japanese American Memorial Project.
C. Health and Human
Services
1) ORDER 06-7-12-5/In
the Matter of Approving the Submission of Two Proposals to
2) ORDER 06-7-12-6/In
the Matter of Delegating Authority to the County Administrator to Sign an
Expense Contract with Catholic Community Services in the Amount of $124,783.
D. Public Works
1) ORDER 06-7-12-7/In
the Matter of Authorizing Increasing by $1,500 the Change Fund in Fund 216 for
the Parks Division of the Lane County Department of Public Works.
2) ORDER 06-7-12-8/In
the Matter of Ratifying the County Administrator’s Authority to Execute the
First of Two, One-Year Renewals to the Mattress Recycling Contract with St.
Vincent dePaul and Increasing the Amount of the Contract.
3) ORDER 06-7-12-9/In
the Matter of Delegating to the County
Administrator Authority to Enter into a Contract With St. Vincent dePaul for
Mattress Recycling in an Amount Not to Exceed $150,000.00.
MOTION: to approve the Consent Calendar.
Green MOVED,
Sorenson SECONDED.
VOTE; 4-0 (Morrison out of room).
9. HEALTH AND
HUMAN SERVICES
a. ORDER 06-7-12-10/In
the Matter of Appointing Three Members and Reappointing One Member to Fill
Vacancies on the Mental Health Advisory Committee/Local Alcohol and Drug
Planning Committee.
MOTION: to approve ORDER 06-7-12-10.
Green MOVED,
Sorenson SECONDED.
VOTE: 5-0.
b. ORDER 06-7-12-11/In
the Matter of Establishing One Full Time (1.0 FTE) Medical Assistant 2-B
Position for the Community Health Centers Effective July 12, 2006 in Fund 285
Department of Health and Human Services.
MOTION: to approve ORDER 06-7-12-11.
Green MOVED, Stewart
SECONDED.
VOTE: 5-0.
10. CORRESPONDENCE
TO THE BOARD
Morrison said they received a letter from the Heceta Water District. She said they need to respond to the letter.
Dwyer wanted to review the easement.
He didn’t want to give them more money.
Morrison wanted to bring it back on the agenda.
11. COMMISSIONERS'
ANNOUNCEMENTS
Green noted that the Lane County Human Rights Advisory Committee had six resignations
and one vacancy, which means they are not able to function. He has a recommendation for the board next
week.
Dwyer announced that the Princess from
12. EXECUTIVE
SESSION as per ORS 192.660
Pursuant to ORS 192.660(2) (e) for the purpose of deliberations with
property negotiators and ORS 192.660 (2)(h) for the purpose of consulting with
counsel on litigation.
13. OTHER
BUSINESS
None.
There being no further business, Commissioner Dwyer recessed the meeting
at 11:30 a.m.
Melissa Zimmer
Recording Secretary