BOARD OF
COMMISSIONERS'
REGULAR MEETING
November 12, 2008
9:00 a.m.
Commissioners’
Conference Room
APPROVED
11/25/2008
Commissioner Faye
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr.
and Peter Sorenson present. County
Administrator Jeff Spartz, County Counsel Liane Richardson and Recording
Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS
TO THE AGENDA
Sorenson requested item 2 A. to be pulled.
2. PUBLIC
COMMENTS
Jim Gillette, Eugene, commented that the land use process can be unfair and it is a
bad system. He asked the Board to
end his case. He said he has been
in compliance. He said he had a
hearing and it wasn’t a fair decision. He
stated his hearing letter was wrong. He
indicated that Bob never talked to anyone from the County; he talked to a
fireman who talked to a County official. He
stated that everything he has said has been true.
He didn’t want to go to Court or to spend any more money.
He said he spent $3,000 more for a permit than he should have on the
building. He indicated that he
would be willing to drop everything if they could just drop the case. He wanted to make a fresh start with the County on the plan
he has for his property.
Stewart never told Gillette what Bob told him. Stewart recalled that Bob came in to say he never spoke with
him, which was truthful. Stewart
noted that Bob called someone in compliance about target practicing by the
National Guard and turned in a report.
Ann Davies, said she sent out an e-mail about the property line adjustment issue.
She recalled this was before the Board last April and other people dealt
with drafting language. She came in
to file a challenge to a legal lot verification.
She encouraged the Board to get the changes through.
She indicated that she is working with Jim Just and Nina Lovinger. She added that Bill Kloos and Mike Evans agreed to the
changes. She asked the Board to
move the changes onto the Planning Commission.
Fleenor encouraged the Board to use the Planning Commission as a sounding
board, but not as the final decision maker.
Dwyer said the code change requires a process and the Planning Commission
is where it starts.
Bill Kloos, Eugene, said he was involved with litigation in 2007 over property line
adjustment at the Court of Appeals. He
recalled there was a legislative fix in 2008 to change the rules and fix the
LUBA court case. He indicated they
have a consensus among the major stakeholders that the language drafted is
acceptable. He added that it meets
state law and will make the property line adjustment business at the County more
efficient. He said it was true that
the County has a different approach to property line adjustments, the County
does legal lot verifications. He thought there were inefficiencies.
He commented that the advantage of the County reviewing property line
adjustments is they get a more direct review by the County on what a person
wants to do.
Stewart recalled that the Board gave direction to Land Management’s work
plan. He said they only had enough
money to do two items and it had nothing to do with staff’s priority.
He added that the Board had a different priority than staff.
He believed they need to bring their codes up to changes in state law but
the Board chose not to do it. He
thought they could ask staff to find out where they are with funding and if
there are no funds available, they could look at reserves.
Kloos thought staff was doing a good job. He also thought staff was making money on legal lot
verifications.
Zachary Vishinoff, discussed what is happening with the University of
Oregon. He said they received
their conditional use permit for the arena.
He indicated that they have to November 19 at 5:00 p.m. to appeal.
He noted the Fairmount neighbors could appeal for
$1,545 or a single citizen or property owner along Franklin could appeal for
$3,090. He indicated that the
Fairmount neighbors were meeting tonight. He
stated that the chairperson for the Fairmount neighbors is an architect for the
University of Oregon. He thought
there was a conflict of interest.
Ryan Sissan, Lorane, supported a swap of Territorial Highway for some ODOT alignment.
He presented a letter to the Board that was addressed to Sonny Chickering,
Area 5 ODOT Manager, requesting short term maintenance on the state’s
alignment on Territorial Highway.
He noted there are curves and part of the road is falling into ravines
near Gillespie Corners. He stated that the County’s portion is wide and safer
than the state’s part of Territorial Highway.
He indicated that school buses are passing loaded log trucks.
He recalled that there have been bad accidents including fatalities
between cyclists and log trucks. He
noted that there is increased traffic every year going to King Estate and
Chateau Lorane. He added they have bike races every summer on the alignment.
He commented that the likelihood of fatal accidents occurring is
increasing. He said the opportunity
to do a swap means the alignment could be widened.
Dwyer commented that it is an expensive proposition.
He said it has to keep the County whole because he didn’t want to go
into financial limbo for the swap.
3. CONSENT
CALENDAR
A. Approval of
Minutes (PULLED)
October 21, 2008,
Work Session, 9:00 a.m.
October 22, 2008,
Regular Meeting, 9:00 a.m.
October 29, 2008,
Regular Meeting, 9:00 a.m.
B. County
Administration
1) ORDER 08-11-12-1/In
the Matter of Appointing Two Members to the Lane County Commission for the
Advancement of Human Rights.
C. Assessment and
Taxation
1) ORDER 08-11-12-2/In
the Matter of A Refund to Gateway Hospitality LLC in the Amount of $32,521.46.
D. County Counsel
1) ORDER 08-11-12-3/In
the Matter of Appointing a Lay Member to the Law Library Advisory Committee.
E. Public Safety
1) ORDER 08-11-12-4/In
the Matter of Amending Chapters 16 and 60 of the Lane Manual to Establish Fees
and Revise Certain Department of Public Safety Fees (LM 16.130, 16.430, 16.830;
LM 60.830, 60.836, 60.839), Effective December 1, 2008.
F. Public Works
1) ORDER 08-11-12-5/In
the Matter of Removing the Load Posting From the Row River Road Bridge (State
Bridge ID No. 39C224) Located at MP 16.64.
MOTION:
to move the balance of the Consent Calendar.
Dwyer MOVED,
Fleenor SECONDED.
VOTE:
5-0.
4. EMERGENCY
BUSINESS
None.
5. COMMISSIONERS'
REMONSTRANCE
None.
6. COMMISSIONERS'
BUSINESS
a.
DISCUSSION/Brownfield's Assessment Grant.
Milo Mecham, LCOG,
explained that this grant is to get federal money to inventory the abandoned
mill sites around the rural areas of Lane County and to start to assess them to
find out what type of contamination exists.
He added the next step would be to get clean up money and clean up the
sites. He noted that the EPA has
money for this: the inventory and assessment grant portion. He hoped they could set up a revolving loan fund to help
property owners clean up their property.
Fleenor indicated
that the local people support this. He thought it was a wonderful opportunity
for them to identify the contaminated sites and work toward remediation of the
sites for public or industrial use for some time in the future.
Green was
supportive of the application. He
asked if these locations were privately owned or if they had been abandoned.
Mecham estimated
that there are 40 mills no longer operational.
He said they are still owned by the private property owner, but they have
not gone into public ownership. He
added most are sitting empty and no longer operating as mill sites.
He indicated that there is only $200,000 available from the EPA for this
round. He hoped they could get a
couple of properties to the point where they could find out what needed to be
cleaned up.
MOTION:
to approve sending a letter of support
Dwyer MOVED,
Fleenor SECONDED.
Stewart supported
this but he wanted to make sure there is consent by the landowner to do this.
Mecham stated that
LCOG has no authority to force property owners to participate or take action
against their will.
VOTE:
5-0.
b. PRESENTATION/LCOG.
George Kloppel,
LCOG, stated that he had a meeting with Sorenson and Fleenor.
He indicated what came out of the meeting was the sense that more
information and communication with the entire Board would be constructive.
He gave a history of LCOG.
Fleenor asked the
rationale of LCOG’s existence based upon its original mission.
Kloppel commented
that good government relies heavily on communication. He said the process of governmental jurisdiction working with
one another on joint ventures is a higher demand and priority for the public now
than it was when LCOG was first formed. He
noted that the phone system is now being applied to Douglas and Benton counties,
as is planning services. He
commented that the technology has changed but the need for cooperation and
collaboration is greater than it was before.
Fleenor stated the
perception in the community is that LCOG is a creature of intergovernmental
agreements. He has heard that it is
a nebulous government that exists in the background. He said that LCOG needs to show a higher level of visibility
and more transparency. He said
people need to be comfortable with their government.
He thought perception in the community could be changed.
Kloppel said they
could always do more to make what they do more visible.
He indicated that their primary constituency is the member jurisdictions.
He said they try to explain what LCOG does in the community. He indicated that the underlying principle of what LCOG is
about is straight forward. He
stated that it is efficient and effective government, helping local government
to operate and serve the people. He
added that LCOG has no taxing authority or law making authority. He said it is voluntary in its relationship to its members.
He said they need to do a better job in telling their story but in many
cases the story is one that involves the member jurisdictions directly.
Fleenor indicated
that there are many areas that LCOG excels.
He said has problems when they get into urban, regional, natural resource
and transportation planning. He
thought they were encroaching on the County’s territory.
He asked if LCOG was larger than County and who was really in charge.
Kloppel stated that
elected officials make public policy. He
added that LCOG board makes few policy decisions.
He said they provide value in discussion and direction, they are not a
law making policy board. He indicated that they work for the County and they have a
special relationship. He said if
there was dissolution of the organization, Lane County would be picking up the
pieces and absorbing the assets.
Fleenor was more
interested on how LCOG affects the entire county instead of municipalities.
Kloppel indicated
that they are doing a number of tasks for member jurisdictions in the area of
natural resources. He recalled that
LCOG staffed the West Eugene Wetlands Plan on behalf of the City of Eugene.
He said it became a nationally recognized model for integrating resource
protection with economic development.
Fleenor stated that
in some instances, the public does not trust Lane County because of its
relationship with other organizations. He wanted to make sure that as they move
forward, whoever they are working with is on the same page with them to
re-establish the public trust and enhance their ability to govern.
He wanted LCOG to help them establish the public trust, working
collaboratively and keeping transparency as partners.
Kloppel recalled
that last year in working with Commissioner Stewart they made a large investment
of time within the agenda to facilitate discussion about the County’s
circumstances. He agreed there was
a trust issue. He thought a way of
addressing the trust issue is through communication. He said it was important for the mayors to hear from the
County what the circumstances are in real time.
Green commented
that if LCOG wouldn’t perform the services, Lane County would have to find
someone to do the services. He
hoped LCOG would develop a process with MPC and the MPO around conflict
resolution.
Kloppel said they
tried with the LCOG Executive Committee communicating with the MPC in terms of
concern over operating procedures. He
said the MPC at that time was not inclined to change the structure under which
it operates.
Dwyer asked if
there was a provision in the by-laws where Lane County could vote their per
capita.
Kloppel said the
provision has never been used but it continues as a safeguard. He hoped it wouldn’t be used because it would represent a
failure to find common ground and interest.
Sorenson asked what
the level of information sharing or cooperation was between the protective
services as they go out in the community. He
wanted an e-mail answer.
7. COUNTY
ADMINISTRATION
a. Announcements
Richardson said
that she had been informed that MWMC will be issuing bonds.
She added that the time frame is short.
Stewart recalled
when Metro Wastewater got final approval to get construction upgrade to meet the
stormwater, it was a $160 million project.
He said the Board gave blanket approval for them to get $100 million in
bonds. He explained that this is a
phased project and they have only sold $50 million in bonds.
He added they are going for the second $50 million that falls within the
approval they gave three years ago. He
indicated this was an update on the phase of the project.
8. PUBLIC
WORKS
a. ORDER 08-11-12-6/In
the Matter of Awarding the Annual Trashbuster Awards.
MOTION:
to approve ORDER 08-11-12-6.
Dwyer MOVED, Green
SECONDED.
VOTE:
5-0.
b.
DISCUSSION/Potential Jurisdictional Transfer of a Portion, or All of Territorial
Hwy to Lane County.
Stewart stated that
he and Fleenor represent a large portion of Lane County where Territorial
Highway travels. He had been concerned about the road since he became a
commissioner and he has been looking for ways to get it improved.
He recalled that there was a fatal accident two years ago and they have
seen little improvement on the road. He
explored doing a jurisdictional transfer with ODOT.
He said there is some energy between ODOT and Public Works to explore
this activity. He was not
advocating that they make a transfer at this time, he asked the Board to allow
staff to go through the process. He
thought there could be money involved or credits toward future ODOT projects.
He held a meeting at the grange and when he brought this up, all 18
people at the meeting said they want to see the road like Lorane Highway or Fox
Hollow where there is a safe place for people to travel by bicycle and to walk.
Bill Morgan, Public
Works, explained that Territorial Highway is about a 40 mile stretch of highway
that runs north and south. He said
it connects a lot of communities and provides connection to economic development
with wineries, tourism and bicycle
routes. He said if they get
permission, they will rely on a handbook about transferring roads.
He said they need to determine which sections of roadway they want to
fix. He indicated that some areas
are challenging with vertical and horizontal issues.
He said that this type of road is fourth on ODOT’s hierarchy list.
He said the County does a good job on roads like this. He wanted to determine the economic need for the roadways.
He indicated that some sections of road have no shoulders.
He noted that if it is an overlay, the cost is $200,000 per mile.
He said if it is a shoulder widening, the cost is about $1 million per
mile. He added if it is a major
reconstruction where they have to go into a hillside, the cost could be $3
million per mile.
Sonny Chickering,
ODOT, indicated that because it is a district highway, it is a lower priority
roadway for ODOT. He said the
interstate will come first and Highway 126 would take a priority.
He said the district highways don’t get the type of attention that ODOT
would like to give them. He indicated they identified some funds to redirect for
Highway 36 and Highway 99. He said
they won’t get more than fresh pavement.
He indicated that it is a matter of priorities.
He stated that Lane County has demonstrated an ability to take care of
their two lane road system. He
commented that local match on federal aid projects will be an issue in the
future. He thought Lane County will
be challenged in the future for matches based on funding. He indicated that it
was mentioned that Delta Highway might be a good facility for ODOT to take over.
He said it is a connection between two existing state facilities and is
an expressway in design and construction. He
added that is the only section Lane County is responsible for.
He said it could be considered in a trade.
He noted that cash could be involved in some trades.
Stewart stated that
he met with the road crew at Delta and an item they discussed was being able to
do this. He said they were
enthusiastic about the potential trade because it showcases what Lane County can
do and they were concerned about the safety issues that take place on the small
portion of Delta Highway.
Dwyer was skeptical
about any agreements where they could expect to come out even.
He wanted to quantify the cost associated with any segment.
He thought they would be looking at a six or seven year project even if
they had the money for the road. He
was willing to review options. He
was interested in doing maintenance together.
Sorenson supported
a motion to look into a transfer of state highways within Lane County.
He was interested in trading Delta Highway for Territorial Highway.
He thought they could get an IGA pending the formal transfer of either
road. He wanted to keep the fiscal
conversation in the forefront. He
asked if they could start working on this.
Green supported
Stewart’s request to begin the process of a review. He thought it might not make sense once they examine the
projects. He asked if this could
qualify for STIP funding.
Chickering said
this would have to compete for modernization dollars.
Fleenor thought it
was a good place to put public dollars to enhance public safety.
He asked where Lane County would get the money for an analysis.
He said if they have an IGA they need an indemnification and hold
harmless provision.
Stewart supported
reviewing the process and making recommendations.
Morgan said they
would work on it within their budget. He
said they will have an open process. He
thought this project might give them the ability to compete for bikeway and
safety projects and federal investment projects.
He commented that under the right circumstances the County could strike
quickly, if given the cash to do spot improvements.
Stewart thought
this could be a project to be put on the United Front trip to ask for
transportation dollars.
c. REPORT/ODOT
Update Report From Area 5 Manager Sonny Chickering.
Chickering reported
that there is a postponement in the state’s 10/13 STIP process.
He said they had put out a draft document and held open houses .
He indicated that they were going to move forward next August, but due to
changes in the economy and driving patterns, the latest statewide revenue
forecast for the 10/13 STIP is substantially lower than estimates that were used
by the Oregon Transportation Commission. He
said they won’t be able to build everything that was shown in the program
based on the new estimates. He was
given direction to put the STIP process on hold for six to eight months.
He said their hope was for action taken at the state or federal level
concerning additional revenue for transportation.
He said when they resume the STIP process, they will honor the public
input process they had already laid out and will start over with the public
process. He recalled that there was a grant program ODOT administered for $8
million made available for innovative operation systems and Lane County as an
applicant received a grant for $1.4 million.
Celia Barry, Public
Works, reported Lane County applied for a grant for a variable message sign on
Delta Highway. She said they were
successful in obtaining funding and it will go into construction in 2010.
She added at the urging of Rep. Nancy Nathanson, they want to address the
safety issues on Delta in the short term and they will be putting up a temporary
flasher south of Goodpasture Road to bring more attention to the congestion
ahead. She added that the flasher
will be coordinated with the variable message sign.
Chickering
announced that it will be put onto the ODOT trip check with a camera so
congestion could be avoided.
d. DISCUSSION/Urban
Transition Agreements and the Eugene-Springfield Metro Plan Alternative
Considerations.
(The following took
place in the afternoon)
Kent Howe, Land
Management, recalled that they were in front of the Board two weeks ago where
the Board further articulated the issues and concerns with the Metro Plan and
alternative considerations to the urban transition agreements.
With regard to the
Board hearing process, Howe said they could make process or code amendments like
a land use compatibility statement. He
said if the applicant is denied development, they could process the statement,
bring it to the Board for a hearing and the Board’s decision could be
forwarded the to the city for consideration. He added another alternative is the waiver process that is in
the Florence Comprehensive Plan.
With regard to
Metro Plan Description of urban services, Howe noted that the policies were in
the packet.. He highlighted the
different description of services. He
commented that the Metro Plan was inconsistent.
He said in looking at the Metro Plan, they have a minimum level of key
urban services, police protection and health services.
He noted that the cities don’t generally provide all the contemplated
public safety services and they are not an element of urban level development,
they are ongoing County services, provided regardless of the development level.
He added that most contemplated services are different than police
protection that the Metro Plan identifies.
He indicated that language could be provided to clarify that police and
health services provided by the County does not weaken the position of Eugene
and Springfield relative to other growth management policies or the ability to
annex land or control the proliferation of growth or related special districts.
With regard to
rural reserves, Howe indicated there are items they identified in the Metro Plan
that would need to be amended. He
said if the Board was interested in implementing those changes, staff could be
directed to begin crafting specific Metro Plan amendments that would address
those issues regarding rural reserves.
Howe said under
Item 4, the adjusted Metro Plan boundaries, the Board expressed their
frustration about the ability of cities to override the County decisions on
land use issues that are outside the urban growth boundaries.
He said they could limit the applicability of the Metro Plan by modifying
the boundary so it is co-terminus with the Eugene Springfield urban growth
boundary. He identified some plan
policies and what needed to be addressed if they were to do Metro Plan
amendments. He noted another option
would be through legislation.
Howe noted that
under dispute resolution, the process could be designed so it doesn’t allow
one jurisdiction to hold equal power over the other partners.
He added that amendment of Chapter 4, policy 7 would be required and the
Board could direct staff to initiate amendments to substitute a majority process
used with the Public Safety Coordinating Council.
Fleenor asked if
through modification they could change the Metro Plan.
He thought they were dealing with a fundamentally defective product.
He asked if they should start over, as it might be easier.
Howe responded that
the Metro Plan is a comprehensive plan and in general the Metro Plan is doing a
good job of being the umbrella over the planning efforts dealing with land use,
transportation and public facility planning.
He commented that there are some problem areas.
He thought to start over the Metro Plan was a monumental effort.
He noted that the Metro Plan is the Comp Plan for Eugene and Springfield.
He thought the implementation of HB 3337 (where they are dividing the
urban growth boundary of the two cities) is a refinement plan process developed
to implement the plans for Springfield and for Eugene.
Matt Laird, Land
Management, understood that the Board couldn’t unilaterally throw out the
Metro Plan. He indicated there
needed to be some dialogue with Eugene and Springfield.
Stewart asked if it
was possible to go to the legislature to separate them out of the Metro Plan and
go back to an individual Comp Plan.
Laird thought it
could be an option.
Stewart asked if it
was cheaper and an easier process to go through.
Howe stated that it
would mean the cities would have to come up with developing a new Comprehensive
Plan and that puts a burden on the cities.
Steve Vorhes,
Assistant County Counsel, thought going to the legislature was an option but he
didn’t know how successful they would be with their partners.
He thought that by having this conversation, it might position the Board
and staff to interact with the cities who are going through HB 3337 to see if
there is a way to interject the conversation about the other concerns.
He thought it might lead to separate comprehensive plans.
He recalled that one of the options Springfield has discussed is moving
away from having the Metro Plan manage all of the planning in the metro area.
He said part of the reason for this conversation is to focus on the
salient issues on changes to the Metro Plan to make it more palatable for Lane
County and the cities.
Dwyer commented
that it would be difficult to morph out of the Metro Plan without a legislative
fix. He noted that cities can’t
grow unless they take land and people from the County. He said they can’t preserve farmland under the concept of
developed and committed lands. He
spoke with the City of Springfield and they thought Lane County’s concepts of
rural reserves were interesting. He
added that developed and committed lands do not apply lands designated as rural
reserve. He asked how they work
together with the cities to make sure the rural reserves they select have
meaning and don’t conflict with their plans.
He thought they needed to include rural reserves so they could provide
the agricultural base for the citizens in the future.
He added that it provides insulation between the citizens, farmland and
the gravel extraction. He said when
they do a residential land study, the County could send a letter to tell them
about the concepts and if there are any prime 1 through 4 agricultural lands
they think might fit into a concept of a rural reserve and they could zone lands
that are less productive to meet their residential land needs.
Howe said if there
is interest in pursuing that type of change on page 4, regarding rural reserves,
they could direct staff to move forward to begin crafting specific Metro Plan
amendment policy language and identify areas that might be potential rural
reserves and it would start the conversation with the cities.
He added that they would be prepared with the cities coming to the County
for the amendments they want to make under HB 3337.
Dwyer wanted to
start with the concept of page 4 as a discussion item.
Green believed they
had an opportunity under HB 3337 to engage in the discussion or use it as a tool
to get to the rural reserves and annexation policies.
He wanted a dispute resolution around the Metro Plan.
He thought things could be resolved amicably if they had a level comity
among the elected officials. He
commented that one jurisdiction should not cause another jurisdiction to not go
forward. He thought there should be a level of compromise and some way
to resolve the dispute that currently doesn’t exist. He commented that the dispute resolution they currently have
doesn’t work. He wanted a super
majority model that could help resolve a number of the other issues. He thought
this was sufficient to start the conversation and to give staff direction to
work on HB 3337.
Fleenor asked if
they could separate the two Metro Plans into identical units.
He asked if a transition agreement could be established so they
transition through PAPA’s to fine tune the individual comp plans over a period
of time and initiate new urban transition agreements by separating them.
Vorhes indicated
that there is one single urban growth boundary that goes around both cities and
that is the direction they are heading. He
thought maybe out of that would come separate comprehensive plans for
Springfield and Eugene.
Howe said direction
would be predicated on the two cities agreeing and that is where the Board has a
problem trying to direct the cities what to do.
Stewart thought it
would be easier to go back to the legislature and piggy back with what they did
with HB 3337 to separate the Metro Plan. He didn’t think all three bodies
would agree. He also thought
getting a dispute resolution body would take going to the legislature.
He thought through the direction for long range planning that they have
the ability to work on these and the rural reserves in place as the urban growth
boundaries are separated. He
thought the Metro Plan boundary should be the same as the urban growth boundary.
He thought they should move forward with that.
Green thought they
needed to do it on a dual track. He
thought this should be on the legislative breakfast agenda.
He thought they should present the case with their jurisdictional
partners.
Alex Cuyler,
Intergovernmental Relations Manager, stated that he lobbied trying to stop
HB3337. He recalled that the City
of Eugene refused to do the land inventory.
He thought they needed to exhaust the local possibility before they go to
the legislature
Laird said they
have identified the right issues including protecting farmland, dispute
resolution and jurisdictional autonomy. He
indicated that they will continue to refine those into specific Metro Plan
amendments. He added that they will
develop the amendments and bring them to the Board before they file them with
the cities as PAPA applications. He
said he will direct his staff to take the next step of developing
the applications with the specific language in it and come back to the Board.
He added if they get no action with the applications with the cities,
then Cuyler would be put in the position where he could go to the legislature.
Dwyer stated
language around developed and committed lands concept is a critical aspect on
the changes they will make. He
added that it takes the County out of the equation.
Spartz recommended
that the Board let the legislative delegation know in December they are taking
these steps to try to resolve the issues locally and if that doesn’t work that
the Board will be back in Salem asking for their help.
Fleenor commented
that the Board hearing process is key to his satisfaction of this matter as it
relates to Florence. He thought
representative government was important and Chapter 10 modification is a moving
target.
Howe stated that he
heard clear consensus from the Board on items 3, 4 and 5 of the five issues they
brought to the Board.
Green thought all
five issues were a sufficient list.
Stewart thought the
Board wanted to move forward with the five concerns and starting the amendment
processes and rural reserves. He
said if the PAPA process stops, then he wanted to move to the second process.
Sorenson was
interested in the rural reserves. He
also wanted to know what services are provided within the metro area. He was
concerned about the language that states urban services will be provided by city
governments. He didn’t think that
was true. He thought police
protection and health services in the purview of Lane County government should
be acknowledged by the cities. With
regard to the Metro Plan boundary, he said the divorce that Springfield sought
from Eugene is final. He thought
they should try to implement a clear separation of the Metro Plan boundary and
urban growth boundary between Eugene and Springfield, along the lines that was
passed by legislation.
Dwyer thought if
they were going to change the dispute resolution, they need to get into
principles and concepts that are associated with resolving the dispute.
He said otherwise a third party has no where to go to make the decision.
With regard to rural reserves, he said he wasn’t just talking about the
Metro Plan, it is for every city in Lane County.
He indicated that they are all faced with the same problems.
9. MANAGEMENT
SERVICES
a. FIRST READING
AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 6-08/In the
Matter of Amending Chapter 2 of Lane Code to Delete Obsolete or Redundant County
Clerk Recording Fees (Second Reading and Public Hearing: 12/3/08).
MOTION:
to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance
No. 6-08 for December 3, 2008 at 1:30 p.m.
Dwyer MOVED,
Fleenor SECONDED.
VOTE:
5-0.
10. CORRESPONDENCE
TO THE BOARD
Stewart received a letter from the City of Florence asking the County for
funding for a rehab project for the Siuslaw Bridge. He said the City of Florence has committed to $9,500 of
lighting fixtures and for electricity. They
asked if the County would be willing to pay 50 percent because half of the
bridge is in the County. He said
they asked that it come out of the 2009/2010 budget.
Fleenor said he was contacted last week by the City of Florence. He
contacted McKenzie-Bahr who directed staff to apply for grant money and it is
moving forward.
Stewart indicated that Dwyer received a letter from the commissioners of
Tillamook County. He said they made
a request that Lane County pay for O & C dues. He said if there is interest to continue the association with
O & C, they have their annual meeting on December 4 and 5 and he presently
serves on their Board. He said that
he would continue if they believe there is interest in staying.
He indicated that he has supported their efforts in protecting the 1937 O
& C Act rights. He indicated that it is a large amount of money that comes to
the County and he thought they should continue to support those efforts until
Congress changes the act and moves into something different.
Spartz indicated the dues to O & C are $40,097 and $7,500 for the
share of legal costs.
Fleenor thought they should reinstitute the Budget Committee to see how
they are going to move forward. He
said that any money they spend out of the strategic reserve will either result
in layoffs next year or they will have to tap the timber payments.
He said they have a board order outstanding that states before they tap
the timber payments they are going to reconvene the Budget Committee.
He didn’t think the O & C counties would go away and he thought a
couple of months would give them the time to review this.
Stewart indicated that these items were funded through the Budget process,
but when they had the conversation the day they adopted the budget, the Board
chose to look at not funding LRAP, O & C counties and AOC.
Dwyer commented that these organizations rely on partners that have like
lands within their jurisdictions and lobby to protect the act that created the
money. He said he doesn’t agree
with everything they do, but he thought what the organization does is important.
Fleenor said they have the second largest landholding within O & C.
He said they don’t have proportionate representation.
He thought their best vote was with their feet and they should get out of
the organization. He said they
should send a message that they want change.
Sorenson said he got a report from Benton County and they got out of O
& C. He added that was the only
county that has withdrawn. He
thought they were better off listening to Benton County’s concerns.
Stewart had a discussion with Linda Modrell of Benton County.
He said that years ago they opted out because of concerns of the
direction they were going. He said that Modrell was going to bring this up again through
their budget process to see if they should go back into association with O &
C. He said things have changed
since Benton County pulled out. He
said he wanted to continue to serve on the executive board as there were
opportunities to make changes.
Green wanted to hear from Douglas County and why they stay in it, as they
are the largest beneficiary of funding.
11. COMMISSIONERS'
ANNOUNCEMENTS
Stewart announced
that in the newspaper there was an article about a project he has been working
on. He invited everyone to attend
on Saturday at 10:00 a.m. for Bohemia Park in Cottage Grove.
He said they will be having a planting party, planting 107 trees.
He added they will be giving away bulbs to attendees.
Dwyer announced
that tomorrow the Legislative Committee is meeting at 9:00 a.m.
12. EXECUTIVE
SESSION as per ORS 192.660
None.
13. OTHER
BUSINESS
None.
There being no further business, Commissioner Stewart recessed the meeting at 11:50 a.m.
Melissa Zimmer
Recording Secretary