BOARD OF COMMISSIONERS'

REGULAR MEETING

April 2, 2008

9:00 a.m.

Commissioners’ Conference Room

APPROVED 4/16/2008

Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  County Administrator Jeff Spartz, Assistant County Counsel Lian Richardson and Recording Secretary Melissa Zimmer were also present.

1.  ADJUSTMENTS TO THE AGENDA

There was an Emergency Business item, a correspondence to the Board item from DeFazio and a VMAC vacancy added

2.  PUBLIC COMMENTS

Annie Soto, announced the Sixth Annual Art from the Heart on April 10.  She said the money goes into the community.

Kirt Williams Eugene, distributed a follow up letter regarding the forming of the Emerald Valley Paintball Club.  He submitted a letter on June 13, 2007 and informed the Board of a new non-profit club being formed for the purpose of providing paintball enthusiasts in Lane County and surrounding areas an outdoor place to play.  He said to achieve the goal, the letter stated there were several landowners that had given permission to club members to use their land for the purpose of playing paintball and they would receive no monetary gain from the activity.  He also asked the Board to review the County’s code and ordinance to make sure their club would not be operating illegally and if they found that such activity was indeed illegal to notify them in a timely manner so they could cease the activity according to the laws of the County.  He stated that to date he had not received notice.   He was writing to confirm that they would continue their activities in good faith.  He indicated they have many members and are meeting on several properties on a regular basis.  He stated they were trying to find a permanent home and asked the Board for help.

Jim Gillette, Eugene, stated he wrote a letter to the Board on September 11, 2007 asking to make paintball legal. He wanted legal counsel to review the letter.  He said he was willing to provide his land for paintball.  He said the Nature Conservancy was interested in his property knowing he has paintball and he allows people to use the 70 miles of trails. He wanted an answer within a week.

Ann McLucas, Eugene, thought it was a good idea to have Jim Gillette’s property identified for hiking.

Dwyer explained that it is not up to the property owner to determine the hiking trails; it is according  to the permitted use.

Debbie Brailsford, Junction City, stated that she had an issue with her fence.  She indicated she and her husband bought their property two years ago and decided to put a fence in.  She didn’t know the County’s rules to build a fence.  She called Lane County Planning Department and they were told by the County to use the telephone pole as a guide for their fence because that would be the gauge for the property line.  She indicated that was what they did.  She reported that in December they were informed by Public Works that their fence is on County land and is too tall.  She said since then they have been given an order for removal by April 30.  She said they never intended to do anything dishonest.  She said her fence is not much taller than her neighbor’s shrub.  She indicated they built their fence six feet tall to block road noise and to keep their dog from jumping over the fence.  She said in February Fleenor came out and she thought Fleenor could find a reasonable solution.  She knew there were fees to keep their fence and they would be willing to pay them.  She asked the Board to help her find a reasonable solution.

Fleenor commented that it was a fluke that the Brailsford property had a different set back than the neighbors on either side.  He said according to Public Works they can apply for a set back variance at great expense.  He said the Brailsfords are a hard working family and they don’t have the additional money to gamble on whether or not it would be approved by the Board of Commissioners.  He asked the Brailsfords to present their argument to the Board to see if there is any support to have a ten minute work session with Public Works to discuss this issue and to give the Brailsfords specificity as to whether to go further.  He wanted to have a stay from the order that was due on April 30 until after they have time to address this.

Sorenson asked to get the information to Spartz and ask him to have someone from Public Works send an e-mail about the status.  Sorenson wanted to suspend the enforcement activity.  He didn’t want a work session.

Dwyer indicated a prison and psychiatrist hospital is going to be built.  He thought the road would be widened and the state would take it by eminent domain.

Green noted that Junction City went through a planning effort around their transportation system and they might have something to say about it.  He noted that the fence location is a clear violation of Lane County’s rules.  He thought it would be precedent setting if they were to allow this because then others would do it with different motives other than what the Brailsfords have.  He didn’t think the future looked good because of the changes of the road.

Sorenson said they need to give direction to suspend the enforcement.

MOTION: to direct the County Administrator to review the materials by the Brailsfords, refer it to Public Works and Legal Counsel and have someone send an e-mail back to the Board.  He also wanted to suspend any enforcement action.

Sorenson MOVED, Dwyer SECONDED.

VOTE: 5-0.

Jim Seaberry, Eugene, commented that he missed the March 19 meeting.  He said in the agenda under Consent Calendar, item 3. E. 2) spoke of releasing property to Eugene from the Santa Clara area.  He said there was a lumping together of several subjects and it was approved.  He said it was too late for him to do anything.  He asked if anything was from the Santa Clara area that it is not lumped together with anything else.

Bob Cassidy, Eugene, discussed the idea of charging customers a fee for plastic or paper bags at the grocery store.  He thought it could be a good money making plan and something the County should look into to save the bags from getting into the landfill.

Frank Lambe, Emerald PUD, presented a letter to the Board about waste diversion at Short Mountain.  He said they became involved with Short Mountain in 1985 and they have had a long standing contract with the County.  He said part of the contract calls for cooperation and notice between the parties.  He said they were surprised about waste diversion from Short Mountain.  Lambe didn’t think they were informed about the County’s plans to divert waste or for the County to build their own generation facility for food waste.  He said it would take away from their generation at Short Mountain.  He noted there are unintended consequences they should consider.  He said if they take the generation away from them, they are in a situation where they will have to go to market to replace it.  He noted that costs are going up and it is a huge hit on their consumers.  He noted Article 8.8 allows for Emerald to terminate the contact if the gas doesn’t continue as planned.  He said they have four generators at Short Mountain and they are only running two.  He stated that food wastes generate methane.  He said to take the gas away puts them in a bad position. He said they are studying whether it is appropriate to withdraw from the contract.  He thought there was a win-win answer and he encouraged staff to work with them as they pursue the solution.

Dwyer said he asked Mike McKenzie Bahr and the Internal Auditor to work with counsel to assess the review the contract with EPUD.

Martin Desmond, Springfield, encouraged the Board to support and pass a motion for the food waste to energy grant.  He thought it was impossible to involve EPUD in the process.

3.  CONSENT CALENDAR

A.  Approval of Minutes

B.  Assessment and Taxation

1)ORDER 08-4-2-1/In the Matter of a Refund to SNB Properties LLC &  Rosen Products LLC in the Amount of $35,091.96.

C.  County Counsel

1)ORDER 08-4-2-2/In the Matter of Delegating Authority to the County  Administrator to Execute an Intergovernmental Agreement with the City  of Springfield to Approve Boundary Changes for Metropolitan  Wastewater Service District and Willamalane Park and Recreation District.

D.  Health and Human Services

1) ORDER 08-4-2-3/In the Matter of Authorizing Submission of an Equipment and Furnishings Grant Proposal in the Amount of $119,643 for the Riverstone Clinic of the Community Health Centers of Lane County to the Health Resources and Services Administration.

E.  Management Services

1)ORDER 08-4-2-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property for $5,200 to James and Stefanie Suess (Map No. 15-04-07-00-00900, Adjacent to 96378 Adams Lane, Junction City).

F.  Public Works

1)ORDER08-4-2-5/ In the Matter of Awarding Tourism Special Projects Grants for 2008, Releasing Funds From The Special Revenue and Services Fund, and Authorizing the County Administrator to Sign Contracts.

2)ORDER 08-4-2-6/In the Matter of Amending Order No. 08-2-20-6,  Altering Bernhardt Heights Road, County Road No. 1112 (18-11-15 & 16).

MOTION: to approve the Consent Calendar.

Stewart indicated with item F 1) the projects grant, there is a 501(c)(3) organization that he is a board member of.  He said there is no reason to declare any problem.  He said it has no affect and he has not been part of the process.

Fleenor indicated for F 2) there had been an error but it had no impact on the board order.

VOTE: 5-0.

4.  EMERGENCY BUSINESS

ORDER 08-4-2-10 Applying for Redesignation of Oakridge/Westfir Enterprise Zone

Gordon Zimmerman, City Administrator, City of Oakridge,  said they have an Enterprise Zone that runs out on Friday and they have until Friday to resubmit the application.  He indicated that it has taken the city 11 years where they could sell or lease property.  He indicated that it has been cleaned up and now available for sale.  He noted they have three active recruitments for property in the industrial park and they want to make sure they have the Enterprise Zone incentive.  He requested a resolution from the Board.

Richardson said there were some spelling errors in the order.

Kardell said the Board would look to Zimmerman to perform and submit property tax information.

McKenzie-Bahr said this was the same as throughout the state with enterprise areas.

MOTION: to approve ORDER 08-4-2-10 as amended.

Green MOVED, Dwyer SECONDED.

VOTE: 5-0.

5.  COMMISSIONERS' REMONSTRANCE

Fleenor stated that he went to Maricopa County and he will put on a 20 minute power point presentation.  He invited Deputy District Attorney Alex Gardner and Chief of Police Murray Saunders to be present.

6.  RESOLUTIONS

a.  ORDER 08-4-2-7/In the Matter of Proclaiming the Month of April Child Abuse Prevention and Awareness Month.

MOTION: to approve ORDER 08-4-2-7.

Green MOVED, Sorenson SECONDED.

Stewart read the resolution into the record.

VOTE: 5-0.

b.  ORDER 08-4-2-8/In the Matter of Proclaiming the First Week of April 2008 as  Local Public Health Week.

MOTION: to approve ORDER 08-4-2-8.

Green MOVED, Sorenson SECONDED.

Stewart read the resolution into the record.

VOTE: 5-0.

7.  COMMISSIONERS' BUSINESS

a.  DISCUSSION/190 Agreements.

Stewart said as they are coming up against another Joint Elected Officials meeting in May.  He wanted to give direction to staff as to what 190 agreements the Board wanted to have reviewed,  as there are hundreds of 190 agreements.

Dwyer wanted to start with building, planning and land use in the Eugene, Springfield metropolitan area and within the urban growth boundaries outside the city limits.

Vorhes said within the urban growth boundaries, the Board still holds the decision making on policy conversations around the Metro Plan.  He added the Board adopted the city’s regulations and made them applicable with building and zoning regulations in the urban growth areas.  He indicated the road piece has gone away with funding for road funds and the city county road sharing agreement. 

Fleenor distributed a board order that could be prepared for a work session.

Stewart wanted to discuss the board order at a work session.

Sorenson wanted to know what gets done and what gets put off by working on these agreements.  He wanted a more intelligent way of doing business. 

Vorhes indicated the Board had adopted a provision in Lane Manual that prioritizes the work of County Counsel.  He said they could come back with copies of IGA’s to discuss.  He noted the Alsea Watershed designation was added.  He thought it might entail additional work. 

Green thought they should look at transportation between the jurisdictions including local access roads.

Ollie Snowden, Public Works, indicated they have 190 agreements with the City of Eugene to rationalize maintenance they provide in River Road and Santa Clara.   He said they divide the area in districts and if it is south of Maxwell, west of River Road to Northwest Expressway, the City of Eugene maintains the area, even if they are County roads.  He added that the County will do everything else south of Beltline and north of Beltline and Santa Clara.  He noted there is a patchwork of annexation and it makes provision of maintenance service better.  He indicated it is a 190 agreement with the City of Eugene.

Dwyer wanted Legal Counsel to review this.  He said when they designed the 190 agreements it was due to the nitrates.  He said the County didn’t do the due diligence and the residents won the lawsuit.  He said they created an entity that was designed to consume those people.  He added the element that was missing was taxation without representation.  He said the County has acquiesced its responsibility to deal with the area to the city, but the County is officially responsible for the governance.  He commented that the people who are making the greatest impact on their lives are not on the ballot. 

Fleenor wanted to go back to agreements that are more than 20 years old to see if they are still applicable today.  He thought they should be focusing on those issues that are contemporary and problematic today first.  He didn’t think they should do this during the budget.  His concept was to take one step at a time.  He said they have a situation in the Santa Clara area that needs resolution that could start the process of looking at other IGA’s.   He wanted to review the building and planning 190 agreements with the City of Eugene.  He was in favor of reducing the scope, with a May deadline.  He wanted a systematic review process through County Counsel, starting with the oldest IGA.

Sorenson agreed with Fleenor that they should focus on the relationship with the City of Eugene.  He wanted to wait until June before they work on this.

Stewart said they should work on this no later than June in preparation for the July joint elected officials meeting.

Fleenor said this order was a citizen effort. He wanted to use more citizen groups to propose board orders that would take workload off the County staff to do the research necessary.

Stewart said they would start with the Building and Planning 190 agreement, specifically with Eugene.  He said they will work it into the Board and Legal Counsel’s schedule no later than June.

b.  Letter from Congressman DeFazio

Stewart reported that Lane County has been awarded a federal grant from the Federal Highway Administration of $181,270 for rehabilitation of the Goodpasture Covered Bridge.  He wanted the appropriate thank you letter sent to DeFazio.

c.  VMAC Vacancy

Stewart reported that there was a vacancy on the VMAC Committee.  He indicated the direction they have had to this point was that unless it was statutorily required, the Board wanted to reduce the number of members on the committees to seven. He added that each commissioner appoints a member and the remaining two members are recommended for appointment by the committee.  He said they wouldn’t assign another person to the committee and when terms come due then each commissioner would get representation.  He recommended not filling the position.

8.  COUNTY ADMINISTRATION

a.  Announcements

None.

b.  ORDER 08-4-2-9/In the Matter of Accepting $50,000 in Grant Funding From the  Oregon Department of Economic and Community Development to Conduct a Food Waste to Energy Study, Allocate $25,000 of Waste Diversion Opportunity Fees as Match and Authorizing the Appropriation of the Grant Funds.

Mike McKenzie-Bahr, Economic Development, explained that this is a request to accept $50,000 in grant funding from the Oregon Department of Economic and Development to conduct a food waste to energy study.  He added this request is to also allocate $25,000 of waste diversion opportunity fees as a match for this grant. 

McKenzie-Bahr said this was the third grant to study converting waste stream elements to renewable energy.  He said they were looking at using organic matter as an alternative to burying garbage.  He said the grant builds on the action taken by the Board in June to examine ways to reduce garbage.  He requested the Board use $25,000 from the new diversion fund as a match for this and it would be the first use of the fund for a project.   He explained that this grant is from the legislature, the governor’s office and the Oregon Economic Development Department upon public owned infrastructure. 

McKenzie-Bahr noted that EPUD has raised concerns about the project.  He noted this is a study.  He and Stewart met with Mr. Lambe and the EPUD board last week and explained the study.  He said they were not curtailing or altering EPUD’s operation at Short Mountain.  He said that Lambe mentioned they had been a partner with the County for many years.  McKenzie- Bahr made it clear that he wants EPUD involved in the process. He recalled at Public Comment, Lambe raised two items to make sure they are included:  their renewable energy standard related to current land energy generation and the replacement costs for their customers for the project.  McKenzie-Bahr noted in the study they were looking at a new operation and doing things differently. He said they wanted to review the renewable energy standards and the costs.  He said with this study they would be keeping pace with the options available.  He thought there was an opportunity to study and define technical options that benefit the County and carry less garbage.

Stewart said this isn’t just about the waste stream and what goes into Short Mountain, this as about the overall big picture of how EPUD receives its power and how it is allocated out.  He thought they needed to be a partner in the decisions as they move forward.

Sorenson asked when the County’s current contract expires with EPUD.

Andy Clark, Assistant County Counsel, explained that the termination provisions from the County’s perspective are limited.  He said if there is a breach of the contract, there is an option for the County to terminate, but only having to provide a 60 day notice and opportunity to cure.

Sorenson said he is a supporter of EPUD. He didn’t want to do anything that would cut back on the amount of the production of energy that benefits the citizens of Lane County. He didn’t agree that doing a study would violate the contract.

MOTION: to approve ORDER 08-4-2-9.

Sorenson MOVED, Green SECONDED.

Dwyer thought the County got the short end of the deal.  He said it looked like EPUD’s attorneys wrote the contract.  He said the contract says the County is to receive $20,000 for a minimum payment and the rest of the payment is based upon electrical generation.  He said if they have a 60 day cure, he wanted the cure.  He wanted them to quantify what it would be to serve notice within reason and he wanted to serve notice because things are changing.  He added that he wanted to give the County more options in dealing with energy.  He said if EPUD wanted to be a partner and be treated fair in terms of its remuneration for its energy source, it would be okay. He didn’t want to enrich EPUD at the expense of the County.

McKenzie-Bahr said in the contract there are two formulas for how the payments are made to the County.  He said the formulas are based on various elements with energy production and the sale of energy.  He said the County has been averaging $20,000 a year for payment.  He asked if EPUD is generating more revenue,  whether the County is eligible for those additional dollars.

Stewart Bolinger, Internal Auditor, said the royalty formula applies against a net calculation. He noted that the formula has never been audited.

Fleenor asked when garbage actually becomes garbage.  He said if they divert waste from the landfill, it is no longer in the landfill.  He said it calls for notices of changes into the landfill, but if they don’t put the garbage in, it doesn’t change the landfill. 

Spartz said no matter what they do, some methane will continue to escape and they can’t recover it. He thought with the new technology they could keep methane from escaping.  He thought it might be time for the Board to review this item.

Clark indicated the contract said is it is a ten year contract with an automatic ten year renewal unless and until there is no more methane gas.

VOTE: 5-0.

9.  CORRESPONDENCE TO THE BOARD

Dwyer received a letter from Chris Viglund on Camp Creek Road.  Stewart noted there were plantings that were mowed over.  He added that Bill Manewal and Oren Schumacher  from Public Works would have recommended that the plants remain.  He noted there was a financial cost.  He recommended giving this to staff to address to make Viglund whole.

Green wanted to give this back to staff to confirm the problem.

Stewart commented that this was a common occurrence.  He asked the VMAC committee to take time to review issues like the fence from this morning’s public comment and  issues of plants.  He added there is another issue off of Game Farm Road where the County’s equipment can’t take care of weeding.  He wanted the VMAC to look for solutions to the problems regarding rights-of- way.  He asked staff for ways to come up with solutions.

10.  COMMISSIONERS' ANNOUNCEMENTS

Fleenor said he has a community dialogue scheduled tomorrow at Dani’s Coffee Shop in Santa Clara with Councilor Mike Clark.

Green wanted Andy Vobora of LTD. to give a report regarding shuttle service at next week’s meeting.

11.  EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation.

12.  OTHER BUSINESS

None.

There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 12:00 p.m.

Melissa Zimmer

Recording Secretary