BOARD OF COMMISSIONERS'
REGULAR MEETING
March 20, 2002
1:30 p.m.
Commissioners’ Conference
Room
Commissioner Bill Dwyer
presided with Commissioners Bobby Green, Sr., Anna Morrison and Peter Sorenson
present. Cindy Weeldreyer was present
via telephone. County Administrator
Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa
Zimmer were also present.
1. ADJUSTMENTS
TO THE AGENDA
Dwyer
stated they would take item 11. a. first on their regular agenda for
discussion. He noted that there would
be two items added for Emergency Business, a letter to the PERS Board and a
Board Order from the District Attorney.
2. PUBLIC
HEARINGS
a. PUBLIC HEARING AND FINAL ORDER 02-3-20-1/In
the Matter of Withdrawal of County Road Status (But Not the Public Road Status)
of a Portion of Talbott Lane (County Road Number 200), Located Between Noraton
Road and Payne Road in Section 8, Township 15 South, Range 4 West of the
Willamette Meridian (15-04-08).
Bob
Ezell, Land Management, explained the road was established in 1856 and it ran
from Booneville, Benton County to the City of Eugene. He noted in 1930, Noraton Road bypassed the segment of this road. Continuing, he said since 1930 there had
been little maintenance done on this segment of road and it is not part of the
regularly maintained County road system.
He said Oregon Law provides that the County could withdraw county road
status but could maintain public road status which requires a report from the
Public Works Director. He noted that
Ollie Snowden was in support of the withdrawal. He said Lane Manual 15.410 has criteria for withdrawal. He noted one criteria is whether the road is
maintained or if maintenance had stopped.
He explained that this road met all of the conditions of the Lane
Manual. He said it was reported that
the adjacent landowners were not opposed to the proposed withdrawal. He noted
the residents might continue to use the remainder of Talbott Lane to get to
Noraton Road.
Ezell
said notice had been provided to the public by publication, certified mail and
posting.
Dwyer
asked what are the benefits to the County by withdrawing from county road
status and keeping it a public road.
Ezell
said they have a maintenance management book that tells which roads are County
roads. He said this takes it off the
books because it is not maintained by Lane County.
Don
Maddox, Public Works, reported that this segment came to their attention as
part of reviewing a list for possible candidates to overlay. He said upon review, it appeared that it
would not be a good expenditure of funds to overlay that segment. He added that Public Works had done minimal
maintenance on the section.
Commissioner
Dwyer opened up the Public Hearing.
Ray
Jagger, 96107 Talbott Lane, was in
agreement.
There
being no one else signed up to speak, Commissioner Dwyer closed the Public
Hearing
MOTION: to approve ORDER 02-3-20-1.
Morrison
MOVED, Green SECONDED.
VOTE: 5-0.
3. PUBLIC
COMMENTS
Ed
Kemp, 38708 Natures Garden,
Springfield, discussed the Hynix situation.
He asked when Hynix’s privileges would end. He suggested not granting them the tax credit. He was concerned the Board is granting
privileges to a company that is not abiding by what it originally said it would
do. He thought the Board has a
responsibility to be consistent with economic development, by generation of
employment in the community.
4. COMMISSIONERS'
REMONSTRANCE
None.
5. EXECUTIVE
SESSION as per ORS 192.660
None.
6. COMMISSIONERS'
BUSINESS
a. ORDER 02-3-20-2/In the Matter of
Approving a Waiver of Employment Requirements for a Property Tax Exemption to
Hynix Semiconductor Manufacturing America, Inc. for Its Operations in the West
Eugene Enterprise Zone.
Denny
Braud, City of Eugene, explained the Board was asked to consider a waiver of
employment for Hynix up to $156 million.
He noted on March 13, the City Council approved such a waiver and that
was subject to specific performance conditions described in the
resolution. He said the basic waiver
criteria includes a requirement that Hynix maintain an annual employment of 650
employees. He added that each year
Hynix would be required to deposit into an escrow account an amount equal to
the taxes they would have paid, had there not been a tax exemption. He said out of that fund there would be a
contribution each year to a local educational institution, including LCC, Lane
ESD, 4J and Bethel School Districts. He noted that amount would be distributed
based on the tax rates for those education districts. He said this contribution represents new money for the school
districts. He said the tax exemption that remains after their contribution to
the schools would be a proportionate benefit for the company, based on their
employment level. He added without the
waiver, the company would have to reach an employment level of 986
employees. He said if they were at 650,
they would be 66% of what would be required without the waiver. He noted they would receive that benefit at
the end of the three years after they had demonstrated that they had met all
the criteria. He noted that the schools
would receive distribution before Hynix receives its benefit.
Dwyer
asked about maximum tax credits Hynix could qualify for.
Braud
responded there is a maximum time period of ten years after their enterprise
zone expired. He added they currently
don’t have an enterprise zone. He said
it expired in 1997 and the sunset expires is 2007 for grandfathered companies.
Jim
Gangle, Assessment and Taxation, explained that the property value for Hynix is
under appeal for the 2001 year. He said
the value that was used to calculate the tax for the past fall had been under
appeal. He noted they were looking for
a reduction value for the 2001 year. He
said they would be making a $120 million reduction in value. He didn’t know what the implication would
be.
MOTION: to approve ORDER 02-3-20-2.
Green
MOVED, Morrison SECONDED.
Sorenson
said it would be a bad idea to approve this.
He said they don’t know what the financial implication would be to the
City of Eugene or to Lane County. He
said the proposal is to give the $1.5 million to 4J, Lane ESD and LCC. He didn’t think the money wasn’t spread equally. He noted the statutory purpose of a tax
exemption is to encourage employment.
He was against this.
VOTE: 4-1 (Sorenson dissenting).
Dwyer
stated the foreign chip market had a lot to do with the exemption. He said they put in a large investment to
bring their facility up to standard where they could be competitive on the world
market. He said this was about jobs and
that is why he voted in the affirmative.
Weeldreyer
stated the way this was crafted provided job incentives so the benefits go up
with the jobs. She said it was
important in a recession that they send positive messages about these types of
manufacturing jobs in the area.
b. ORAL UPDATE/Forest Work Camp.
Jan
Clements, Sheriff, reported the Forest Work Camp would be going to 95 beds no
later than April 15. He said it was a
product of retirements and hiring recruitments. He noted funding was there but staffing wasn’t. He said the average daily population at the
camp from December to February is 69.7.
He reported they had four federal crews and one community crew at the
Community Corrections Center. He added
the expansion in April would include two federal crews and one community
crew. He said staffing was five
deputies short.
Lt.
Mark Graham, Sheriff’s Office, reported the federal forest crews had been
putting in time in the national forests.
He said they fight fires in the summer time. He said they also work for the Army Corps of Engineers and Oregon
State Parks, University of Oregon, the fairgrounds as well as the Special
Olympics and other events.
Clements
stated they were still planning on moving two manufactured housing units from
the Serbu facility to the camp. He said
they would be used for training, education and alcohol and drug classes.
Graham
explained they currently have two wells at the camp. He said they could no longer use one are going to drill another
well. He noted the north well would
provide enough water. He said they were
in the process of getting bids. He added they had a recent fire inspection and
it was noted that the current dormitory (built several years ago) is not hooked
into the main enunciator panel inside their facility in the administration
area. He said that would have to be
hooked up.
Clements
said the camp is a positive experience for inmates. He passed out a grid (copy in file) that explained the six-month
forest work camp average with 30 beds.
7. COUNTY
ADMINISTRATION
a. Announcements
None.
8. PUBLIC
WORKS
a. REPORT/Progress Toward Obtaining Necessary
Environmental Permits for Proposed Traffic Circulation Improvements on
Truck'N'Travel Parcel Adjacent to FY 01/02 Pearl Street Capital Improvement
Project.
Sonny
Chickering, Public Works, stated they received one permit. He said it occurred much quicker than he
expected. He said the Corps of
Engineers modified Lane County’s existing permit to do the County’s portion of
the culverts. He said they have
permission from the Corps of Engineers to extend across Truck N Travel’s
property. He added the Division of
State Lands would not modify their original general authorization permit. (That
had limitations about the maximum amount of impact that could be performed
under a general authorization). He
stated the new work puts the total amount of impact over that threshold so they
are considering issuing a separate permit for the Truck N Travel portion. He said the 30-day comment period expires
tomorrow.
Morrison
asked how soon DSL would issue the new permit.
Chickering
responded they have a commitment from the regulator from DSL and he indicated
they could issue the permit in five days if there are no major issues. He
thought March 28 would be the earliest date.
He added they made arrangements for staging the pipe work prior to the
April 15 goal date. He said they think they have a plan to make that happen. He stated if the DSL does not issue the
permit in time or if the irrigation district needs to run the water sooner than
expected and they are not able to get the pipes in, they are finished until
next year. He noted an option would
give them authority to move ahead with putting in just the pipes that are needed
for the County roadwork and proceeding with that. He asked the Board to approve recommendation 3.
Weeldreyer
stated she received a phone call from Coburg Mayor Michael Dean, who emphasized
the importance of doing this interchange correctly, allowing for the safest and
most efficient ingress and egress from Truck N Travel. He said it is important to the city and the
industrial area of Coburg. She
understood that the Coburg City Council would meet and there was going to be a
letter sent on this issue. She said the
City of Coburg was going to ask the County if it would consider delaying this
project by a year to accommodate the intersection design because it is
currently configured in case DSL doesn’t deliver the permit or if the water has
to start flowing in the irrigation canal prior to the construction of the
pipes.
Jim
Anderson, Truck N Travel, reported that at the City Council meeting last night,
the Coburg City Council voted unanimously to issue such a request to the Board
of Commissioners should DSL not issue a favorable response.
Chickering
believed they could get the work done by April 15 if everything goes okay. He asked what he should do if there were any
delays.
Weeldreyer
recommended Alternative 2. She wanted
to postpone this for one year so it would allow the frontage road to be
constructed at the same time as Lane County’s road construction project. She opted for Option 1.
Anderson
said that would also be their choice.
He said if the permit is not available, or time runs out, the entire
project would be delayed a year.
Dwyer
stated direction would be for Public Works to try their best and if time runs
out, postponing this for one year.
Dwyer
requested Chickering send a letter to the Board summarizing what the Board
expected of him.
Anderson
appreciated all the work that everyone had done to get this permit so quickly.
b. ORDER 02-3-20-3/In the Matter of
Modifying the Northern Limit for the Jasper Road Extension Project to Comply
with Oregon Department of Transportation (ODOT) Requirements for Traffic Signal
and Traffic Lane Reconfigurations North of State Highway 126 (Main Street)
Along the Eugene-Springfield Highway.
Chickering
explained that the Jasper Road Extension is a project they had been working on
for many years. He said they intend to
construct the first part this summer from Main Street in Springfield, south to
approximately the current crossing of 57th and 58th
Street. He noted for this project to go
to construction, they need a facility permit from ODOT to connect Lane County’s
roadway to the state highway. He stated
that ODOT has the right to require conditions for such a connection. He said through their stakeholders process
and the preliminary days of the project, the only improvements they anticipated
at Main Street was a right turn lane, eastbound to southbound. He stated there were minor traffic signal
modifications. He noted after they
turned in their facility permit application, it was sent to Salem and reviewed
by their geometric roadway design staff and it has evolved into a larger
project. He said they were looking at
the addition of several traffic lanes and it increases the dimension of the
intersection and the existing traffic signal design would no longer work. He stated they have to redesign the entire
traffic signal system at Main Street, which is a significant portion of the
added $350,000.
Green
asked if this redesign would have an impact on the future STIP funding
dedicated to this region.
Chickering
stated the $350,000 was just set up by Public Works, based on their last
meeting with ODOT staff. He didn’t know
where they would be taking the money.
Morrison
asked how this would impact the dollars in the CIP for this year.
Chickering
said there were six major projects listed in the CIP, three of which are in
jeopardy, including Pearl Street. He
noted that would free up the money for the additional $350,000.
Dwyer
noted the City of Springfield was anticipating moving forward with this because
it had been delayed.
MOTION: to approve
ORDER 02-3-20-3.
Weeldreyer
MOVED, Morrison SECONDED.
Chickering
advised of the changed condition. He
said they had been unsuccessful in convincing ODOT they could get away without
doing the work north of Main and make the intersection operate. He suggested
extending the north project limits. He
said doing so would require notification of their environmental permitting
regulators. He said they had a battle
getting the permits in the first place and if they change the project boundary,
they might elect to review their environment permits again. He tried to work out a situation where they
could convince ODOT that Lane County could make the initial connection and then
come back in two years when they put the rest of Jasper Extension through the
south and they would want to upgrade the intersection then, adding the lanes
north of Main Street. He said they were
getting resistance from staff in Salem. He said negotiations are continuing and
it is now bumping up to Ollie Snowden’s level to see if arrangements could be
worked out. He didn’t think they could
meet the 2002 date, if they had to redesign the traffic signals.
Dwyer
amended the motion to state “if possible”.
Weeldreyer
said they have to keep moving forward on this project. She said it is also a safety issue.
VOTE: 5-0.
c. TENTH READING AND SETTING ELEVENTH READING
AND DELIBERATION/Ordinance No. 5-00/In the Matter of Amending Chapter 10
of Lane Code to Adopt a Revised and Updated Version of the Eugene Land Use
Regulations for Application to the Urbanizable Lands Within the Eugene Urban
Growth Boundary; and Adopting Savings and Severability.
Jan
Childs, City of Eugene, explained when they were before the Board last, they
were awaiting a decision from LUBA on the challenges to Eugene City Council’s adoption
of the Land Use Code Update. She noted
since that time, they had received the decision from LUBA. She stated LUBA upheld the City on some of
the assignments and also upheld the appellants and they are working through
them.
MOTION: to approve a Tenth Reading and Setting an Eleventh
Reading and Deliberation on June 19, 2002 for Ordinance 5-00.
Green
MOVED, Morrison SECONDED.
VOTE: 5-0.
d. FIRST READING AND SETTING SECOND READING AND
JOINT PUBLIC HEARING/Ordinance No. 4-02/In the Matter of Amending
Chapters 10 and 16 of Lane Code to Revise and Add Telecommunication Facility
Siting and Removal Regulations and Declaring an Emergency.
MOTION: to approve a First Reading and Setting a Second
Reading and Joint Public Hearing on April 10, 02 at 5:30 p.m. on Ordinance
No. 4-02.
Green
MOVED, Morrison SECONDED.
VOTE: 5-0.
9. CONSENT
CALENDAR
A. Approval of Minutes:
September 25, 2001, Work
Session, 9:00 a.m.
September 25, 2001, Work
Session, 1:30 p.m.
November 28, 2001, Regular
Meeting, 9:00 a.m
January 16, 2002, Regular
Meeting, Following HACSA
February 20, 2002, Regular
Meeting, 9:00 a.m.
B. Public Works
1) ORDER 02-3-20-4/In
the Matter of Constructing Improvements to Prairie Road Between MP 1.59 and MP
2.03, Including Assessments and Notice of Pending Lien Against Adjacent
Properties.
2) ORDER 02-3-20-5/In
the Matter of Authorizing the County Administrator to Sign an Option Agreement
to Purchase Tax Lot 19-03-01-00 00100 and 19-03-01-00 00213.
3) ORDER 02-3-20-6/In
the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for
West Demming Road (County Road No. 596) (17-06-12).
4) ORDER 02-3-20-7/In
the Matter of Vacating the Exterior Boundary Line of Lot 3 and a Portion of the
Westerly Exterior Boundary Line of Lot 4, Block 1 of Fawn Hills, as Platted and
Recorded in Book 62, Page 5, Lane County, Oregon Plat Records, and Located in
the Vicinity of Spencer Creek Road, West of Bailey Hill Road, Without a Public
Hearing, and Adopting Findings of Fact (18-04-20).
5) ORDER 02-3-12-5/In
the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a
Hearings Official's Decision Denying an Application for a Home Occupation and
Temporary Permit for a Special Event/Wedding Facility Within the Rural
Residential Zone (RR-10) (Files PA 01-5803 and PA 01-5804/Neumann).
C. Workforce Partnership
1) ORDER 02-3-20-8/In
the Matter of Re-Certifying of the Lane Workforce Partnership Board of
Directors as the Local Workforce Investment Board Under the Workforce
Investment Act of 1998.
D. Youth Services
1) ORDER 02-3-20-9/In
the Matter of Authorizing Youth Services to Develop and Submit a Grant
Application to the Office of Juvenile Justice and Delinquency Prevention
(OJJDP) for Up to $220,000 for a Three Year Juvenile Mentoring Program (JUMP)
to Serve Juvenile Offenders Attending the Centennial Education Center (Court
School).
MOTION: to approve the Consent Calendar.
Morrison MOVED, Green
SECONDED.
VOTE: 5-0.
10. ASSESSMENT
AND TAXATION
a. ORDER 02-3-20-10/In the Matter of
Appointing One Member to the Farm Review Board Advisory Committee.
MOTION: to approve 02-3-20-10 appointing Chuck
Stolsig.
Morrison
MOVED, Sorenson SECONDED.
VOTE: 5-0.
11. CHILDREN
AND FAMILIES
a. RESOLUTION AND ORDER 02-3-20-11/In
the Matter of Appointing Two (2) New Members to the Lane County Commission on
Children and Families.
Karen
Gaffney, Children and Families, reported they were bringing two additional
people to fill vacancies on the Commission on Children and Families. She noted that Joaquin Schulz and Karen
Hamilton were recommended.
MOTION: to approve
ORDER 02-3-20-11.
Weeldreyer
MOVED, Green SECONDED.
VOTE: 5-0.
12. COMMISSIONERS'
ANNOUNCEMENTS
Sorenson
reported he has been working on having more formal and public open office hours.
It has been set up for September 17 and September 18.
Weeldreyer
announced there was a reception for Pat Rogers at the Springfield School
District. She noted that tomorrow the
LCOG Board was meeting in Creswell to see if there would be buy in from all of
the cities to the definition for Economic Development. She added the Economic Standing Committee
meeting will be on Monday.
13. CORRESPONDENCE
TO THE BOARD
None.
14. EMERGENCY BUSINESS
ORDER
AND RESOLUTION 02-3-20-12/In the Matter of Accepting a U.S. Department
of Justice Grant for $240,000 and Delegating Authority to the County
Administrator to Execute the Grant
Doug
Harcleroad, District Attorney, stated this was a placeholder for the budget
process. He said they successfully
applied for this grant but it requires matching County dollars. He suggested having it go through the budget
process in the add packages. Harcleroad said they could accept it and not spend
it before July 1, and if they decide not to do the add package in the budget process,
they would take it back.
Harcleroad
explained this that the Federal Government (through the Department of Justice)
is giving away over $500 million to local prosecutors. He said part of the strategy to control gun
violence is to have prosecutors who would focus on gun violence and develop a
strategy with the U.S. Attorney’s Office.
He noted the money is up to $40,000 per prosecutor, but they could
appoint a more senior person to handle those cases, and hire a beginner. He noted the add package was for two lawyers
and clerical support. He wanted to pass
this now so they wouldn’t lose the opportunity for the funding.
MOTION: to approve ORDER 02-3-20-12.
Morrison
MOVED, Green SECONDED.
VOTE: 5-0.
Emergency
Letter – To Don Morgan, Board Chair, PERS
Van
Vactor reported last Friday, Mike Morgan, County Administrator in Jefferson
County sponsored a meeting in Portland for county officials. He said at the
meeting they worked on a development of a multi-pronged strategy. He noted this Friday the PERS Board has on
its agenda, the possibility of initiating Administrative Rule provisions
regarding adjusting the actuarial tables.
He said that PERS hadn’t modified them since 1978 and they are out of
date. He noted that retirees are living
four years longer than they were in 1978.
He said it was an opportunity to implement the revised tables and the
net effect was not to reduce anyone’s overall retirement income, but it makes
it a lower monthly payment because it is calculated that retirees are living four
years longer. He added it doesn’t
affect the total retirement, but it affects the rate that it is drawn
down. He noted if PERS were to go to
the current tables, it would save the system about $1 Billion, or a two percent
annual contribution rate by the employer.
He said on Friday they are going to ask the PERS Board to either
implement the current table, or if not, going to send out an Administrative
Rule that would implement the current tables, to request a delay of action on
Friday until there is further review.
Dwyer
asked if there was an average loss of income as a result of the change.
Tony
Bieda, Intergovernmental Relations, reported they had calculated that in the
past and have withdrawn that analysis from consideration. He added there needed
to be further development and that is reflected in the request on number 2, on
the bottom of the page. He noted it
would include the savings or reduction on employer rates and what the impact
would be on employee retirement.
Van
Vactor said they could ask for a delay until they have had time to study the
three issues.
Dwyer
stated that was his preference.
Sorenson
shared Dwyer’s view on protection of Lane County government and taxpayers. He asked if Lane County’s employees were
involved.
Dwyer
asked to delay this so they could have an opportunity to review with the people
who would be impacted. He wanted the
letter modified. He wanted Van Vactor
to sign the letter with Bieda delivering it.
There
being no further business, Commissioner Dwyer adjourned the meeting at 3:30
p.m.
Melissa
Zimmer
Recording
Secretary