BOARD OF COMMISSIONERS'
REGULAR MEETING
June 28, 2006
following HACSA
Commissioners' Conference Room
APPROVED
6/6/07
Commissioner Bill
Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter
Sorenson and Faye Stewart present.
County Counsel Teresa Wilson, County Administrator Bill Van Vactor and
Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS
TO THE AGENDA
Item 8. C. 4) was
pulled off the Consent Calendar.
2. PUBLIC
COMMENTS
Kenny Gee, Creswell, said he had a Measure 37 claim. He recalled that at the time of his claim,
the final board order come through with a two-acre restriction which he
believed was not the language of the law.
He originally asked the Board for a zone change to RR2. He said they never changed it. He wanted the order to reflect the language
of the law. He gave examples to
staff. He noted research he had done
stated the language had been adopted.
He indicated staff stated in the original agenda memo of May 11, 2005
that when he acquired the property the land use regulation in effect was
unzoned.
Dwyer thought they
should give another notice on his claim because they are impacting people
differently than before.
Van Vactor thought
it would be appropriate to provide notice that lots could go down to 8,000
square feet.
Lori Ambo, Elmira, asked for financial help for the
replacement of the bridge on Green Creek Road.
She heard the County could pay for this if it is an emergency. She noted that ODOT said it was an emergency
and was going to condemn the bridge.
She thought it was enough of an emergency to warrant County funds. She thought the Board’s decision on the
matter was wrong.
Michael Smith, Eugene, said he is an editor of a micro
media project wherein they communicate with the press on student issues. He said they are planning a parallel action
in Humboldt County and Lane County to open up higher education access for
welfare recipients. He wanted an ordinance
from both counties in support of this.
Chris Orsinger, Eugene, Executive Director for Friends of
Buford Park and Mt. Pisgah, discussed the opportunity to apply for the Wildish
lands to be added to the Howard Buford Recreation Area. He said the application of the Wildish
Company to file a Measure 37 claim is within Wildish’s rights and the County
will determine that. He suggested
having a dialogue to explore acquisition for all or part of those lands for
public benefit. He said that the
Friends of Buford Park was willing to be a partner and know of five funding
sources.
3. EMERGENCY
BUSINESS
None.
4. COMMISSIONERS'
REMONSTRANCE
Sorenson announced
that the Oregon State University Beavers won the NCAA National Baseball
Championship.
Dwyer stated they
have an opportunity to get the Wildish Property. He met with them on a number of occasions. He wanted to form a Measure 37 trust whereby
they might be able to purchase the property.
He said they need to have a work session on the options available.
5. COMMISSIONERS'
BUSINESS
a. ORDER 06-6-28-1/In
the Matter of Contributing $5,000 for the General Expense Operational
Contingency to the Eugene-Springfield NAACP Afro-Academic, Cultural,
Technological, Scientific, Olympics (ACTSO) Program to Assist in the ACTSO 2006
National Competition.
Dwyer read the
resolution into the record.
MOTION: to approve ORDER 06-6-28-1.
Green MOVED,
Morrison SECONDED.
VOTE: 5-0.
6. COUNTY
ADMINISTRATION
a. Announcements
None.
b. ORDER 06-6-28-2/In
the Matter of Delegating Authority to the County Administrator to Execute an
Agreement with Lane Workforce Partnership on the Provision of Administrative
Services.
Van Vactor
recommended approval, in response to an audit comment.
MOTION : to approve ORDER 06-6-28-2.
Green MOVED,
Sorenson SECONDED.
Wilson explained the
Workforce Partnership Board had amended their bylaws to permit a County
official representative, either a commissioner or the county administrator, as
a designee. She said they have a board
order in place that has Sorenson as the County’s representative.
VOTE: 5-0.
c. DISCUSSION/Florence
Urban Renewal Agency.
Van Vactor reported
the City of Florence was forming an urban renewal agency. He said they could cost Lane County general
fund money and are sensitive to that.
He said they were proposing to have the agency that is impacted appoint
a representative to work on the plan.
He thought they should have a County representative so the plan could be
designed to have a broader impact and all taxpayers would benefit. He said they were asking for a representative:
the County Administrator, the Assessor or a Commissioner from the district.
Dwyer wanted a
Commissioner from the district.
Morrison commented
that the biggest stumbling block is the lack of knowledge around the taxing
mechanism and how it works. She
recommended Jim Gangle, and he told her he was interested.
MOTION: to appoint the Assessor to be Lane County’s
representative.
Morrison SECONDED.
Stewart SECONDED.
Green supported the
recommendation.
VOTE: 5-0.
d. ORDER 06-6-28-3/In
the Matter of Assigning Five Projects to the Needs and Issues Inventory Being
Compiled by the Lane Economic Committee.
Mike McKenzie-Bahr,
Economic Development, stated this was a Needs and Issues annual inventory
process. He noted the projects were from agencies and local governments. He said the Economic Development Standing
Committee reviewed what had been submitted in the past and came up with these
five items: the Public Health Building,
the Coburg Wastewater Treatment Facility, the Row River Water Project, the
Sheriff’s Office Adult Learning Project and the Rural Housing Rehabilitation
Project.
MOTION: to approve ORDER 06-6-28-3.
Stewart MOVED, Green
SECONDED.
Stewart thought all
the projects were good. He recommended
putting the projects in this order: the
Public Health Building, Row River Water Project, Coburg Wastewater, Rural
Housing Rehabilitation and the Sheriff’s Office.
Stewart amended the
order to list the above by priority.
Green SECONDED.
VOTE: 5-0.
e. DISCUSSION/Employee
Status Change in the Community and Economic Development Department.
McKenzie-Bahr
explained they are moving an intern from part time to full time. He added, in the process, the County would
need to extend a benefit package. He
said they have CDBG funding to do that.
With regard to the
Blue Water Project and the Mapleton Water Project, McKenzie Bahr indicated that
this person would make sure they are complying by having the contractor,
engineer and LCOG fill out the paperwork to match the CDBG grants. He said under the original contract, LCOG
would insure the County was meeting compliance.
7. PUBLIC
WORKS
a. ORDER 06-6-28-4/In
the Matter of Vacating the Remaining Westerly Portion of the Alley in Block
117, in the Second Amended Plat of Fern Ridge, as Platted and Recorded in Book
6, Page 28, Lane County, Oregon Plat Records, Without a Public Hearing, and
Adopting Findings of Fact (16-05-35-31).
Tom Dreschler, Land
Management, reported that this is an order to vacate a small section of alley
in the second amended plat of Fern Ridge, located west of the airport in
Alvadore. He said it was originally
laid out by subdivision process in 1913.
He indicated this came by petition of 100 percent of the adjoining
landowners who are requesting the vacation so they could build a single family
dwelling on the property. He said it
appeared the land had never been opened or used by the public. He noted the main portion of the alley in
Block 177 was vacated in 1999 and this is the full remaining segment of the
public right of way. He added that all
alleys in the six-block area had been vacated.
He said they provided legal notice. He noted there were no objections
and Land Management recommended approval.
MOTION: to approve ORDER 06-6-28-4.
Green MOVED,
Morrison SECONED.
VOTE: 4-1 (Dwyer dissenting).
Dwyer stated he
didn’t want to vacate the property without a public hearing.
b. DISCUSSION/Emergency
Replacement of the Green Creek Road Bridge (Bridge 18751) at M.P. 0.23
Ollie Snowden,
Public Works, recalled the Board wanted a report back on the ability to use
County funds for emergency on local access roads. He noted there are two issues that need to be considered. He said one is Lane Code 15.636 Section
3. He indicated when the Board
determines that the public’s interest requires improvements to bridges on a
local access road, the direct cost of the bridge improvement or replacements
shall be assessed specifically to the benefiting property owners on a uniform
basis. He said the first thing he has
to do is amend Lane Code to either change or eliminate that provision. He added that according to ORS, the statute
is permissive, not a requirement. He
said it stated that the county governing body shall spend county monies on
local access roads only if it determines the work is an emergency or if a) the
county road official recommends expenditure; b) public use of the road
justifies the expenditure and c) the Board enacts an order and resolution
designating whether work is for one time or a continued expenditure. He said the assertion that they must spend
money on an emergency is not, in his opinion, the interpretation of the
law. He recalled the public testimony
from Ms. Ambo indicated that the County should pay for this.
Dwyer said making
the declaration of an emergency and the provisions of the maintenance just
allows them to comply with the statute with their discretionary powers. He asked what type of a hardship would be
placed on the people who were impacted.
Snowden indicated
they sent out notices of the potential assessment. He added the remonstrance period ended yesterday and they didn’t
receive any remonstrance letters at Public Works. They were supposed to be addressed to him.
Morrison said she
understood Ms. Ambro’s concerns. She
said when she had the original agenda packet and with the ensuing action the
Board took, they did not close the bridge, it was the state. She said they posted it and applied a
three-ton weight restriction so people could have access to their homes and for
emergency vehicles in case there was a fire.
Snowden noted that
was a concern of the state because they recommended that it be closed.
Dwyer thought the
neighbors were being impacted and it is an emergency. He suggested thinking about how they are going to pay for this
and to declare an emergency and work on cost sharing with the neighbors.
Green wanted a
consistent public policy. He asked if
this was the state’s bridge or Lane County’s bridge.
Snowden indicated
that the County has jurisdiction, but it is not a County bridge. He recalled there was another bridge,
Horsecreek Bridge, that was a rehabilitation project. The County applied for HBR money on the condition that the
residents put up the match, which they did.
He said a condition of using the federal money was that the County takes
ownership of the bridge after rehab.
Green thought the
neighbors should pay if they had the ability.
Snowden stated that
the federal money being discussed would not pay for a temporary bridge prior to
construction of a new bridge.
Sorenson asked if
the Board were to declare an emergency, if they would be required to spend the
funds on the road.
Wilson advised that
they are permitted, but not required to spend money. She said the structure of the statute is such that they are not
to expend road funds on local access roads.
She added the Board is liable if they do. She noted that local access roads are not something the County
owns, and it is allowed to spend money only under certain circumstances. She said the Board could spend money if they
declare an emergency or if a road official recommends the work be done. They have to enact an order authorizing the
work. She explained that although the
statute uses the word shall, it uses it in the context of setting
limitations. She didn’t believe a court
would interpret it as mandatory that they spend money in order to define an
emergency. She said they could declare
an emergency and still use a separate policy for funding.
With regard to
assessment, Dwyer asked how they could implement a hardship aspect in an
emergency from assessments.
Green thought they
should be consistent with assessments.
He said they have assessment policies.
Sorenson thought
they should use their emergency power to help people.
Dwyer said they need
to have an emergency declaration that makes it clear it is an emergency so it
alleviates them from liability and any future maintenance, and deals with the
assessment policy separately.
Wilson indicated the
Board had already authorized an emergency by ORDER 06-3-15-2. She explained that it authorized an
emergency and temporary replacement of the Green Creek Bridge Road. She said they determined the costs of the
improvements be assessed to the owners who would be benefiting.
Green said it
appeared they want to relieve some of the property owners of the costs. He said they all agree it is an emergency
and that the bridge should be replaced.
Stewart thought they
needed to look at their local access road policy. He said when the neighbors came in, they were going to help
them. He thought when the neighbors
left they thought they didn’t have to pay.
He said when they give the impression they are going to do something,
then do it differently, he is concerned.
He said they need to be clearer when there is an emergency situation.
Morrison recalled
that last winter they had a discussion and took action about the whole
emergency situation. She said the Board
moved forward and she didn’t agree with that.
She said if local access roads are not in the system, they need to be
consistent every time with interpreting the policy. She reported she met with these people last spring and told them
the probability of having to pay was almost 100 percent. The amount they would pay was what she
didn’t know. She said for the Board to
say they didn’t think they had to pay was wrong. Morrison said they have brought the costs down and allowed the
neighbors to do some of the prep work.
Dwyer said when they
deal with issues of assessments they need to develop a checklist that asks
questions. He said they will go down
the list so they are clear about the impact and people will be clear. He was
under the impression that the County was
helping people with the emergency and they were going to find some
money. He thought the money needed to
come out of the road fund.
Snowden explained
that it was a two-step process. He
noted there was a February 17 agenda where the Board gave direction and a
February 28 meeting with a supplemental order that spelled out the assessments
that were adopted. He asked the Board
if they should proceed with the bridge, irrespective of how it is going to be
funded.
Dwyer said they
should go ahead.
Green suggested that
they relay that information to the property owners.
c. FIRST READING AND
SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 1233/In the
Matter of Adopting the Springfield Natural Resources Study For Application
Outside the Springfield City Limits and Within the Springfield Urban Growth
Boundary, and Adopting a Severability Clause (Metro Plan Periodic Review Work
Task No's. 5 & 7). (Second Reading & Public Hearing: July 12, 2006,
1:30 pm)
MOTION: to approve a First Reading and Setting a
Second Reading and Public Hearing for Ordinance No. 1233 for July 12,
2006 at 1:30 p.m.
Morrison MOVED,
Green SECONDED.
VOTE: 5-0.
d. FIRST READING AND
SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 4-06/In the
Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the
Springfield Development Regulations For Application to Urbanizable Lands Within
the Springfield Urban Growth Area (LC 10.600-15) and Adopting Savings and
Severability Clauses (Second Reading & Public Hearing: July 12, 2006, 1:30
pm).
MOTION: to approve a First Reading and Setting a
Second Reading and Public Hearing for Ordinance No. 4-06 for July 12,
2006 at 1:30 p.m.
Morrison MOVED,
Green SECONDED.
VOTE: 5-0.
8. CONSENT
CALENDAR
A. Approval of
Minutes:
October 19, 2005,
Regular Meeting, 9:00 a.m.
October 19, 2005,
Regular Meeting, 1:30 p.m.
October 25, 2005,
Regular Meeting, 9:00 a.m.
May 3, 2006, Regular
Meeting, 9:00 a.m.
B. County
Administration
1) ORDER 06-6-28-5/In
the Matter of Approving Additional Projects and Adjusting Funding for Juvenile
Forest Work Team Project under Title III of the Secure Rural Schools and
Community Self-Determination Act of 2000, P.L. 106-393 for FY 06-07.
C. Public Works
1) ORDER 06-6-28-6/In
the Matter of Alteration of a Portion of Cedar Flat Road (County Road Number
539) From Highway 126, Southerly, to East Cedar Flat Road, Located Within
Section 32, Township 17 South, Range 1 West of the Willamette Meridian.
2) ORDER 06-6-28-7/In
the Matter of Authorizing an Option Agreement With Eugene Self Storage, L.L.C.,
to Release Road Fund Restrictions From a Parcel Formerly Owned By Lane County.
3) ORDER 06-6-28-8/In
the Matter of Authorizing the Sale of Two Parcels of County-Owned Real Property
on Royal Avenue, Identified as Tax Lots 17-04-27-22-04500 &
17-04-27-22-04599.
4) ORDER 06-6-28-9/In
the Matter of Authorizing the Sale of County-Owned Real Property Located at the
Southeast Corner of the Intersection of Marcola and Mohawk Roads and Identified
as Tax Map 17-03-25-13, a Portion of Tax Lot 500.
MOTION: to approve the Consent Calendar with item
8. C. 4) pulled.
Green MOVED, Stewart
SECONDED.
VOTE: 5-0.
9. CORRESPONDENCE
TO THE BOARD
None.
10. COMMISSIONERS'
ANNOUNCEMENTS
Green announced he would be attending the NACo Conference in
Chicago. He stated there is a county
vote allocation and he would be a proxy for the Board. He indicated that Lane County gets 13 votes.
Dwyer asked that they prepare a proxy board order and bring it back at
the first meeting in July.
Sorenson wanted this as a standing agenda item.
Morrison commented they never know when NACo sends this out.
Green indicated he had a meeting with the Japanese American
community. He said they were seeking
funding for a Japanese American Memorial.
He said they raised money for a challenge grant to help construct a
memorial. He said the group was
requesting $8,500. He asked the Board
to direct the County Administrator to take it from next year’s contingency
budget for help with the project.
MOTION: to take $8,500 out of next year’s contingency budget for help with the
Japanese American Memorial Project.
Green MOVED, Stewart SECONDED.
Dwyer thought it was an appropriate use of the contingency reserve. He wanted an order to come back at the July
12 meeting.
VOTE: 5-0.
Green announced he was working with state judges about a survey of each
county. He said it should go out next week.
11. EXECUTIVE
SESSION as per ORS 192.660
None.
12. OTHER
BUSINESS
Report back on Secure Rural Schools
Tony Bieda, Intergovernmental Relations Manager, reported the Secure
Rural Schools Act is before Congress pending legislation to reauthorize the
safety net payments and extend the funding for the act for another five to
seven years. He said that Lane County
has participated over the past 18 months.
He said the impasse is getting other states and counties across the
United States that benefit from the legislation to step up and make an appeal
to their members of Congress to sign onto the bill.
Bieda recalled that for the past 12 months the national coalition had
been focused on adding co-sponsors in the House and Senate. He indicated they are up to 110 co-sponsors
and about 10 had been added in the past three weeks. He was in Washington, D.C. last week with a team of people,
visiting staff members to add to the co-sponsorship list in the House. He said there would be another lobbying trip
in mid-July led by the national coalition to try to add more co-sponsors. He said they are lacking a funding source
that could offset the cost that would garner bi-partisan support.
There being no
further business, Commissioner Dwyer recessed the meeting at 11:15 a.m.
Melissa Zimmer
Recording Secretary