BOARD OF COMMISSIONERS'
REGULAR MEETING
February 6, 2008
following HACSA
Commissioners'
Conference Room
APPROVED
2/20/08
Commissioner Faye
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green., Sr.
and Peter Sorenson present. County
Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary
Melissa Zimmer were also present.
1. ADJUSTMENTS
TO THE AGENDA
Dwyer requested item 1 b) be pulled from the Consent Calendar for Legal
Counsel review.
Under Commissioners Business, Stewart added a Letter of Support for the
Public Health Department. He added
a Discussion of the Legislative Session and potential need for someone to
represent Lane County in Salem.
2. PUBLIC
COMMENTS
Paul Alliguie stated he is a resident on Deerhorn Road.
He said in 1972 Weyerhaeuser gave the road to the County to maintain.
He indicated since then, the 26 residents on Deerhorn Road that is not
paved have been asking the County to pave the road.
He stated it has fallen on deaf ears.
He noted in the past two and a half years they have taken active
participation to have this done. He
indicated that 98 percent of the people want the road paved because of safety.
He noted that every day between 40 and 60 log trucks go down the road.
He added that each resident has three cars each.
He calculated that over a year 78,000 vehicles drive down the road.
He stated the potholes on the road make the road not safe.
He commented that a chip seal was acceptable to the neighbors.
Dick Metzler said they had been on the list to get the road repaired since 1993 and
the County told them they road would get fixed. He stated the road is still unpaved. He appreciated the Board’s attention. He commented that there is a liability issue if they just
chip seal the road.
Robert Berry stated he is a resident of Deerhorn Road. He said his concern is safety of the road.
He stated that the log trucks drive the road speed.
He wanted to get the chip seal done.
He thought it would help with the problems they have.
Jim Seaberry, Eugene, said there is still an operating Boundary Commission.
He said some things are a violation of Goal 14 and a violation of State
Law 373, 270. He added it is a
violation of LUBA with regard to streets. He
noted tomorrow night the Boundary Commission meets to include streets in Santa
Clara and River Road.
Lisa Arkin, Eugene, gave a report on the Benzene Reduction Campaign.
Jim Gillette, Eugene, didn’t think an Executive Session on his case was fair.
He said he doesn’t get to see the information they discuss in Executive
Session. He said in 1996 when he
was told to vacate his property, the County sent the Board a letter dated July
25 and he wanted to see the letter. He
didn’t want to pay for fees that should not have been placed on him in the
first place.
John Sundquist, Coburg, asked about the Board’s decision on
January 2 where they directed staff to develop a public comment period for the
use of herbicides on the roadside and whether the County should be dealing with
invasive weeds. He thought there
should be an extension of the public comment period because it is hard to give
comment on the website. He asked if
the Board was satisfied with the way the questions are framed and if they were
satisfied with the direction the public input was taking.
Zachary Vishoff, Eugene, distributed information on the issue of the
new basketball arena. He stated the
City of Eugene is putting more funds into the U of O baseball fields at Autzen
so it could be more lavish. He
thought the draft letter on the arena was good.
He wanted it combined with his suggestions to get the neighbors the
information they need to have some rights and take action if they can.
Thomas Brandt, Marcola, thought the County should charge large
companies more taxes and then the County would have more money. He said he went
to Land Management and found 1480 acres that were bought through fraud by O
& C. He commented that if the
County could take land by condemnation it could put people to work in the woods.
3. CONSENT
CALENDAR
A. Approval of
Minutes:
February 14, 2007,
Regular Meeting, 9:00 a.m.
February 14, 2007,
Regular Meeting, 1:30 p.m.
November 20, 2007,
Legislative Breakfast, 7:30 a.m.
January 16, 2008,
Joint Elected Officials, 6:00 p.m.
January 23, 2008,
Regular Meeting, 9:00 a.m.
January 23, 2008,
Regular Meeting, 1:30 p.m.
B. Assessment and
Taxation
1) ORDER 08-2-6-1/In
the Matter of a Refund to Hynix Semiconductor MFG of American Inc. in the Amount
of $7,332,497.70.
C. Board of
Commissioners
1) ORDER 08-2-6-2/In
the Matter of Appointing a Member to the Metropolitan Wastewater Management
Commission.
D. Children and
Families
1) ORDER 08-2-6-3/In
the Matter of Delegating Authority to the County Administrative Officer to Amend
Lane County's Contract with Family Relief Nursery in the Amount of $325,248 and
Execute the Contract for a Total of $363,148.
E. Health and Human
Services
1) ORDER 08-2-6-4/In
the Matter of Delegating Authority to the County Administrator as an Authorized
Representative to Sign Applications to Medicare and Medicaid Related to Mental
and Physical Health Services.
F. Management
Services
1) ORDER 08-2-6-5/In
the Matter of Re-Adopting Lane Manual 4.020 Relating to Investment Policies.
G. Public Works
1) ORDER 08-2-6-6/In
the Matter of Accepting the Director’s Report for Estimated Assessments for
Harvey Road (County Road Number 1088) Between MP 0.86 and MP 1.44.
2) ORDER 08-2-6-7/In
the Matter of Authorizing the Board Chair to Sign a Letter of Support for
Ridgeline Area Open Space Vision and Action Plan.
MOTION:
to approve the Consent Calendar with removal of 3. B. 1).
Dwyer MOVED,
Fleenor SECONDED.
VOTE:
5-0.
4. EMERGENCY
BUSINESS
None.
5. COMMISSIONERS'
REMONSTRANCE
None.
6. COMMISSIONERS'
BUSINESS
a. REPORT/Extension
Service Quarterly Report.
Charlotte Riersgard,
OSU Extension Service, gave her quarterly report on the Extension Service.
She explained that for the Extension Service the loss of County funds
would jeopardize their leveraged state and federal dollars that come into the
Extension Service and the programs they fund.
She noted they have 900 active volunteers that have contributed over
79,000 hours to the Extension's educational programming.
She said their contribution to labor is worth about $1.4 million. She commented that for every dollar the County gives them for
the Extension Service, they leverage $3.00 in state and federal dollars.
Fleenor asked what
the Extension Service would do if Lane County did not get Secure Rural Schools
funding.
Riersgard said it
jeopardizes the leveraged funds from the state and federal government.
She commented that things could not go on as they do today. She said they
would have to reconfigure things
Fleenor asked if
there could be any grass roots for a taxing district.
Riersgard said
there are 16 counties in the state where Extension Service has a tax service
district. She said she researched
this before and where they got stuck was with the Eugene City Council in terms
of not supporting taxing districts because of the Metro Plan.
She indicated the Extension Service would only need 8 ½ cents per
thousand to operate. She recalled
in the past they had gone out for three levies.
b. REPORT/Siuslaw
National Forest, Central Coast District.
Pam Gardner,
Siuslaw National Forest, gave an overview on the Siuslaw National Forest Central
Coast District. (Copy in file.)
Bill Blackwell,
Siuslaw National Forest, distributed a scoping letter regarding Collard Lake and
Joshua Lane (copy in file) and the process of travel management planning to
determine where motor vehicles will be allowed in the future.
c. Letter for
Public Health
MOTION:
to send the letter of support. for prevention.
Dwyer MOVED, Green
SECONDED.
VOTE:
5-0.
d. Discussion of
Legislative Session
Stewart reported
that Salem is having a special session for the next month and Lane County no
longer has an Intergovernmental Affairs Manager.
He asked if they should fill the position with a short term contract.
Spartz indicated
that he contacted the Capitol Club in Salem asking if someone would be
interested in the position. He
indicated that he had one contact. He
said the proposal was for $3,500 per month.
Sorenson
recommended Spartz negotiate a contract for a duration of time. He wanted that person to work with Spartz and the Legislative
Committee on the special session of the Legislature and then report back to the
Board.
Stewart asked if
the Board was comfortable with Spartz working on this with Dwyer and Sorenson,
as they are on the Legislative Committee. He
hoped by the end of the week they could have the person working for them.
Sorenson thought
Spartz should make the contract right away.
Green commented
that the contract was under Spartz’ scope.
He thought there could be internal candidates who might be interested
without impacting their current assignments.
Spartz asked if the
Board wanted someone to monitor the Legislature or to effectively represent Lane
County.
Dwyer wanted
someone to do both.
7. MANAGEMENT
SERVICES
a. ORDER 08-2-6-8/In
the Matter of Authorizing the Execution of a Quitclaim Deed Conveying County
Owned Real Property Identified as Assessor's Map No. 18-03-10-10-03200 to
SeQuential Retail Station 1, LLC for Consideration of $50,000 (86714 McVay
Highway.)
MOTION:
to approve ORDER 08-2-6-8.
Dwyer MOVED, Green
SECONDED
Jeff Turk,
Management Services, recalled that the County acquired the property on McVey
Highway through tax foreclosure in September 2004. He indicated that it was a former gas station and had
substantial contamination from the oil in the soil and groundwater.
He said that SeQuential had approached the County because of their idea
for a retail fueling station for biofuels.
He said there was an issue about the amount and the cost to clean it up,
as it surpassed the market value of the property. He indicated through
discussions with the Board that they got approval to apply for an EPA grant to
clean up the property for $200,000. He
added that they entered into various negotiations with SeQuential, the DEQ and
EPA. He said the agreement they
entered into with SeQuential was a lease option agreement.
He explained that the County had to maintain title to the property while
they had their grant and once the grant was completed, it called for the
property to be transferred to SeQuential. He
added that as part of the agreement, SeQuential also contributed $50,000 to the
cleanup that covered the County’s $40,000 match to the grant.
He indicated that the project won a national award.
VOTE:
5-0.
8. COUNTY
ADMINISTRATION
a. Announcements
Spartz announced
that the Government Finance Office Association awarded Lane County a certificate
of merit for the Budget.
9. PUBLIC
WORKS
a. ORDER 08-2-6-9/In
the Matter of Approving a Project Design Concept for Deerhorn Road MP 7.760 to
MP 9.90 Based on the Design Concept in Exhibit A and the Addendum in Exhibit B;
and Authorizing Staff to Construct the Road, Pursue all Necessary Planning
Actions and, if Necessary, Prepare Plans and Specifications for Improvement of
Said Road.
Mike Russell,
Public Works, said the subject portion of Deerhorn Road is a local road with a
gravel surface. He said in November
2005 the residents approached the Roads Advisory Committee with letters and
testimony asking for the portion to be paved.
He said since that time there has been consistent support for the
project. He commented that due to
the reductions in the Capital Improvement Program, the program is being proposed
as a chip seal project instead of a rural standards project.
He said they told the neighborhood about consequences of the chip
sealing. He said it will not
straighten curves or flatten humps in the existing road.
He added a chip seal will not include guardrail installation.
He commented that transitioning from a gravel surface to a chip seal
surface might cause travel speeds to increase.
He said a chip seal project will not widen the road, but will maintain
what currently exists on the road. He indicated the road dead ends at a gate
that leads to privately owned forest lands and the gate is currently open with
log truck traffic on the road.
Russell indicated
there are three options. He noted
Option 1 is $2.6 million, with work related to significant embankment and
excavation work that needs to be realigned to meet a designed speed of 45 miles
per hour. He said Option 2 is a
triple shot chip seal on the existing alignment and realigning a curve at
approximately Milepoint 8.9 to meet a design speed of 45 miles per hour.
He added that estimate is $265,000 to construct the project.
He said for the remainder of the curves, they recommended signing and
striping. He noted that Option 3 is
a no build and it reflects maintenance activities that would remain as a result
of the gravel and application costs. He
said the option does not address the concerns of the neighborhood. He said his
recommendation is to adopt the concept by the Roads Advisory Committee, to
realign the curve at milepoint 8.9. He
indicated that this is a maintenance solution instead of a modernization
project. He said it reflects the desire of the Roads Advisory Committee to find
innovate ways to stretch the road fund dollars to meet citizens’ desires.
He said they need to accept design exceptions for the following design
elements; roadway width, pavement structure, side slopes, clear zones, curvature
and super elevation and site distance. His
recommendation was for approval of Option 2.
MOTION:
to approve ORDER 08-2-6-9 with Option 2.
Dwyer MOVED,
Fleenor SECONDED.
Dwyer asked if they
ever asked Weyerhaeuser to put money in for the road as they benefit from using
the road and they could bring it to a higher standard with less maintenance.
Bill Morgan, Public
Works, said there is existing subgrade they think is solid.
He said the road is not exhibiting a lot of rutting.
He said they hadn’t fully investigated this option and have not
contacted Weyerhaeuser.
Dwyer thought maybe
Weyerhaeuser could help with the maintenance.
Green was concerned
about long term maintenance. He was
concerned that the weight of the log trucks would bring down the road.
He thought they should ask Weyerhaeuser to help contribute.
Stewart said they
would ask Weyerhaeuser about an accelerated maintenance schedule.
VOTE:
5-0.
b. TENTH READING
AND DELIBERATION/Ordinance No. PA 1238/In the Matter of Amending the
Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Revise the
Goal 5 Significant Mineral and Aggregate Resources Inventory, Redesignate from
“Agriculture” to “Sand & Gravel,” Rezone from “E30/Exclusive Farm
Use Zone” to “SG/Sand, Gravel & Rock Products Zone,” and Allow Mining
on 72.31 Acres of Land Pursuant to the Goal 5 Oregon Administrative Rules (OAR
660-023); and Adopting Savings and Severability Clauses (File Pa 05-6151; Delta
Property Co.). (NBA & PM 10/18/06, 11/1/06, 12/12/06, 2/14/07 & 3/14/07,
4/18/07, 5/1/07, 5/23/07, & 1/16/08). (Eleventh Reading and Deliberation:
2/20/08)
Stephen Vorhes,
Assistant County Counsel, indicated the agenda title mistakes had caused Stewart
to read a different title than the actual title of the ordinance.
Vorhes recommended having a reading and setting another reading and
taking final action.
MOTION:
to approve a Tenth Reading and Setting an Eleventh Reading and Deliberation on
February 20, 2008.
Dwyer MOVED, Green
SECONDED.
VOTE:
5-0.
10. CORRESPONDENCE
TO THE BOARD
None.
11. COMMISSIONERS'
ANNOUNCEMENTS
None.
12. EXECUTIVE
SESSION as per ORS 192.660
Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on
litigation.
14. OTHER
BUSINESS
None.
There being no further business, Commissioner Stewart recessed the meeting
at 12:00 p.m.
Melissa Zimmer
Recording Secretary