BOARD OF COMMISSIONERS'

REGULAR MEETING

January 3, 2005

1:30 p.m.

Commissioners' Conference Room

APPROVED 1/19/05

 

Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green, Sr.,Peter Sorenson and Faye Stewart present.County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

 

Morrison noted that item E.2) was pulled.

 

# 2. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND FINAL ORDER 05-1-3-1/In the Matter of Surrender of a Portion of Lincoln Avenue (County Road Number 1131) and a Portion of South 10th Street (County Road Numbers 1163 and 1930) to the City of Cottage Grove (NBA & PM 12/8/04).

 

Bill Robinson, Land Management, reported the City of Cottage Grove, in Resolution 1432 of April 2002, made this request.He said they followed up last September to seeif it had been processed and found they hadnít notified Lane County.He noted that portions of these became County roads in 1936 and 1939.He said the area was annexed into the city in 1999 and 2001 by Cottage Grove.He indicated legal notice was given by posting in the area and they had received no comment either in writing or orally in support or objecting to it.He said they could provide transfer of jurisdiction according to ORS 373.270.He noted the roads are within the city but have been maintained by the County.He indicated the transfer would allow the city to maintain the roads at their schedule as part of the County/City Road Partnership.He reported this is a process that happens frequently when a city has funding available.

 

Robinson outlined three options to consider:surrender the jurisdiction as read, to deny the order to surrender, or to postpone for further action.He noted the Public Works director recommended Option 1--to surrender the roads to Cottage Grove.

 

Dwyer asked if this was related to annexation attempts by the City of Cottage Grove.

 

Robinson noted this is an area that had been annexed within the city and is part of the city of Cottage Grove and is a segment of road that the County would not be responsible for maintaining.

 

Stewart stated he visited the location and it looked like it had been freshly paved but there were no sidewalks.

 

Commissioner Morrison opened up the Public Hearing.

 

John I. Banks, Cottage Grove, didnít know where the annexation was going to be and wondered if his street or property was included.

 

Jimmy Charnack, Cottage Grove, asked if they were going to continue the street through, as it dead-ends on his property.

 

There being no one else signed up to speak, Morrison closed the Public Hearing.

 

MOTION: to approve ORDER 05-1-3-1.

 

Green MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

# 3. PUBLIC COMMENTS

 

Mona Lindstromberg, Veneta, reported this was a carryover from the last public comment period about the revision of the Lane County Telecommunications Ordinance.She noted the final hearing that approved the current ordinance was September 2002.She noted at that public hearing, board directive was given in terms of revisiting the independent peer review provision in the County ordinance.She indicated this provision and two others were assigned to a new staff member who had no context for revising the ordinance.She noted during this process the independent technical review was eliminated and that wasnít the intent of the Board directive.She added the City of Eugene also has this provision and they are starting to implement it.She thought it was important to have independent technical review at the expense of the applicant as staff is not qualified and do not have any radio frequency engineers on staff.She said there were contract agencies that provided this type of service for local jurisdictions and they think it is important for the County to do it.

 

Heather Kent, Lane County, stated the applicant indicated the site was needed to improve signal coverage in the surrounding area.She thought that information was inaccurate and incomplete.She indicated a study at 90 feet needed to be provided and should be repeated in 10 foot increments untilthe lowest possible height could be determined.She noted there was no drive test data supplied.She noted the industry believes the drive test data to be more valid in predicting coverage.

 

4. EMERGENCY BUSINESS

 

None.

 

5. COMMISSIONERS' REMONSTRANCE

 

Sorenson commented that with the decision to elect Morrison as chair and Dwyer as vice chair, they are observing the requirements of the charter to elect the board chair annually.He thought it was important that they have a custom of rotation.He said he did research on the subject of rotation and the idea they rotate by district is good.He also thought it was important to balance the rural and metro commissioners as much as they could.

 

6. COMMISSIONERS' BUSINESS

 

Morrison noted that Loralynn Osborne had sent an e-mail to the Board regarding the tourism counsel members.She asked if everyone responded.

 

Stewart asked about the ability to have Lane Countyprovide health care to employees through the Community Health Center.

 

Van Vactor recalled that Steve Manela, Human Services Commissioner, replied informally that he didnít think it was possible.He noted when County Administration took a tour before the holidays, this discussion came up and Manela was not as firm on it.He requested this to be a board assignment.

 

Sorenson recommended sending this to the Health Advisory Committee.

 

Morrison recalled they were asked to come back with a report the beginning of April.She asked that this be included as part of that assignment.

 

7. PUBLIC WORKS

 

a. ORDER 05-1-3-2/In the Matter of Approving a Project Design Concept for Shoestring Road at MP 2.95 Based on the Design Concept in Exhibit B and Authorizing Staff to Prepare a Right-of-Way Plan Necessary to Construct the Road, Pursue All Necessary Planning Actions and Prepare Plans and Specifications for Improvement of Said Road.

 

Sonny Chickering, Public Works, indicated this was a new project in response to a long-standing slide issue that occurred on Shoestring Road.He said it was south of the Cottage Grove Reservoir.He noted the majority of one travel lane had disappeared.He reported his staff had reviewed the location and the recommendation is to move the road up the hillside.

 

Dwyer asked how heavily traveled the road was.

 

Chickering responded it varies between 150 and 300 vehicles per day depending on the timber harvesting that is occurring.He noted the road is primarily for resource lands.He added it provides a connection into Douglas County.

 

Green asked why wouldnít the property owners who benefit from the repair of this road agree to donate their right-of-way.

 

Chickering responded it was the Countyís right-of-way but they could approach the property owners to play a larger role.

 

MOTION: to move to approve ORDER 05-1-3-2, plus approaching the stakeholders about participating with the right-of-way issue.Green said if the stakeholders didnít agree, to still go forward with the project.

 

Green was more concerned about the exposure to Lane County if something doesnít go forward.

 

Green MOVED, Dwyer SECONDED.

 

Chickering noted that Rosboro Lumber had indicated they were willing to sell Lane County the right-of-way and they are working on the details.He said financial discussions with them would be a departure from their usual discussions.

 

VOTE: 5-0.

 

b. ORDER 05-1-3-3/In the Matter of Appointing Douglass Moser and Susan Forester, and Re-appointing David Bingham, Mike Koivula and Chris Melotti to the Vegetation Management Advisory Committee. (VMAC)

 

Chickering explained this was a routine item.He noted every two years they have vacancies occur on the committee and staff has followed the procedure outlined in the Administrative Procedures Manual.He said they did re-advertise as there was confusion about submission dates.

 

Morrison noted she attended the December meeting and they voted by secret ballot.She said they decided to send all the names to the Board and if they didnít like their suggestions it was fine.

 

Stewart commented the applicants represented both urban and rural with a wide variety of interests.He thought they were a good selection.

 

MOTION: to approve ORDER 05-1-3-3.

 

Stewart MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1219/In the Matter of Amending Lane Code General Plan Policies (an Element of the Lane County Rural Comprehensive Plan) by Revising Goal Two Policy 27.a.ii; Implementing Housekeeping Revisions to Goal Two Policy 27; and Adopting Savings and Severability Clauses. (Second Reading and Public Hearing: January 19, 2005, 1:30 pm)

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1219 on January 19, 2005 at 1:30 p.m.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

d. ORDER 05-1-3-4/In the Matter of Appointing Members to a Region 2050 Farm and Forest Committee to Consider and Analyze Forestland and Agricultural Lands Under ORS 197.656(6).

 

Stephanie Schulz, Land Management, explained this Farm and Forest Committee would be a short-term project-specific committee to review the resource lands within the Region 2050 area for consideration under the Region 2050 Program.She noted there was a change in the membership since the original copy of the board order was presented.She said she contacted everyone last week and had received responses for participation from all except for Mr. Henderson.She said the other members indicated they were still willing to participate on the committee.

 

Morrison was concerned about how the selection process took place.She noted there were no lay people on the committee.She said they were top heavy with bureaucrats.She said they should have a balanced group of people.

 

Green noted the Board was not obligated to accept this list.

 

Sorenson asked why this committee couldnít follow other advisory councils with the way the Board chooses them.

 

Stephen Vorhes, Assistant County Counsel, explained this was a subcommittee to Region 2050 that has become the collaborative regional problem-solving group for the area.He said when the Board took action to appoint policy board members, it was to do the type of problem-solving the statute contemplates.He noted there is a provision in the statutory program that states if they get to looking at agriculture or forest lands to solve some of the regional problems, these participants are to consider the advice of the expert subcommittee on agricultural and forest lands.He said the role of the subcommittee is to identify which are the commercial agriculture and forest lands and then the policy advisory group goes back to look for any other lands they could consider to use in their problem solving process as an opportunity to plan without taking an exception to resource Goal 3 or 4.

 

Sorenson asked what announcement went out to notify the public that the Board was contemplating appointing these people and the interest groups they represent.

 

Schulz responded there was no announcement.

 

Kent Howe, Land Management, reported they are not after advocacy groups to be on this technical committee.He said the advocacy role would be played when the recommendations go before the Region 2050 effort and there will be a public involvement process.He said this is an effort to take in a short period of time a technical group to look at the three development scenarios and make a report back to the full Region 2050 committee.He said if the Board thinks there is a technical area of expertise that is missing with the list, they could add it.He noted they have the private and government side of farming represented.He thought they might be lacking on the private side of forestry.He said the real emphasis is that advocacy would come later and they are not trying to address commercial farm and forest lands as much as having a group of experts look at proposed development scenarios and whether or not they would be impacting commercial farm and forest lands.

 

Dwyer didnít agree with the whereas clause that stated this matter was fully considered

 

Green agreed they should strike the whereas clause.

 

Dwyer asked what would stop if they didnít go forward with this.

 

Howe responded that the Region 2050 process is to move forward in providing an analysis that meets the statutory requirements of the three developed scenarios to come up with a preferred scenario.He added the process would be stopped because they wouldnít have met the statutory requirements of identifying whether or not they are preferred scenarios, impacted farm or forest; which makes it able for them (under the Regional Problem Solving Statute) to not have to comply with all the goals and take exceptions to those processes.He noted the purpose of the committee is when they come up with a recommendation that might allow development on otherwise Goal 3 and 4 farm and forest lands, that an exception wonít be required for those development processes to occur. He said this committee is looking at the interest of Goal 3 and 4 and under the Regional Problem Solving Statute they donít have to take the normal exception process if they go though this process.

 

Morrison thought they would go through the process and there would still be Ballot Measure 37 concerns.She asked why they are doing something now instead of waiting until they get the answers to the questions they need before they waste time and energy.

 

Howe reiterated the Region 2050 process is where they are looking at three development scenarios.He noted of the three scenarios, they would see how Measure 37 would impact that.He said it is part of the analysis they will attempt to do, then move forward with the best information they have.

 

Morrison commented that if some or a majority of the groups donít want any of the scenarios, they would have wasted time and energy and they donít know if the scenario coming forward would be acceptable under the goals.

 

Dwyer asked if the formation of this committee enables LCOG to apply for more money to further this process.

 

Howe explained it would allow the process to continue to conduct the analysis under the statute.

 

Stewart commented he would be more comfortable if they could find another representative with ties to the forestry industry.

 

Sorenson suggested putting this out for advertisement so people could apply.

 

Green commented if the Board didnít approve the list in front of them, then they have to give Howe and Schulz direction to do something different.He added they could have their own process and then make a recommendation that the Board had fully considered.

 

MOTION:to move to direct staff to develop an application process with a specific charge as it relates to the Farm and Forest Committee and put it out with the normal Board appointment process.

 

Green MOVED, Dwyer SECONDED.

 

Van Vactor asked who would staff this group.

 

Howe responded they are staffing the Region 2050 effort at a minimal level.He noted it was more of a county rural task.He said they were looking at one to two meetings for the input they want from the committee.He added the proposal is for the committee to look at the three development scenarios and give a reaction to commercial farm and forestland.

 

Sorenson recommended that all of the people listed on the proposed order be sent a copy of the application.

 

Vorhes asked if this committee should be put into Lane Manual as part of the advisory committees.He noted it is an appointment of the Board of the county affected by this regional collaborative process.He said that was the reason the order was written the way it was.He stated this is a committee appointed by the Board of Commissioners to serve the purpose stated in the statute.He said they tried to craft an order that would make it a complete expression as best they could given the language of the statute so it wouldnít have to become part of the Lane Manual.

 

Dwyer didnít want it in the manual.

 

Sorenson supported the motion.He said if the function of the group is primarily technical, they should state in the application that as they develop it, they were looking for people who have expertise in the identification of commercial, agricultural and forestland.

 

VOTE: 5-0.

 

8. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor announced that next week the Leadership Team would meet setting parameters for the 05/06 Budget.

 

9. CONSENT CALENDAR

 

BEGINNING OF CONSENT CALENDAR * * * * * * * * * * * * * * *

 

A. Approval of Minutes: May 12, 2004, Work Session, 9:00 a.m.

May 12, 2004, Work Session, 1:30 p.m.

May 18, 2004, Work Session, 9:00 a.m.

September 15, 2004 Regular Meeting, 9:00 a.m.

November 23, 2004, Regular Meeting, Following Board of Health

 

B. County Administration

 

1) ORDER 05-1-3-5/In the Matter of Appointing Steven Ward to the Lane County Fair Board.

 

2) ORDER 05-1-3-6/In the Matter of Appointing Doug Harcleroad, District Attorney, to Fill a Vacancy on the Public Safety Coordinating Council.

 

3) ORDER 05-1-3-7/In the Matter of Appointing Russel Burger, Sheriff, to Fill a Vacancy on the Public Safety Coordinating Council.

 

4) ORDER 05-1-3-8/In the Matter of Appointing Greg Hazarabedian, Public Defender, to Fill a Vacancy on the Public Safety Coordinating Council.

 

C. County Counsel

 

1) ORDER 05-1-3-9/In the Matter of Selecting Newspapers to Publish Ballots, Monthly Notice of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.

 

D. Management Services

 

1) ORDER 05-1-3-10/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to OAESYS Corporation (Map # 18-12-34-13-01300, Located in the Siuslaw River Tidelands, Florence).

 

2) ORDER 05-1-3-11/In the Matter of Authorizing the County Administrator to Execute a One Year Lease Agreement with the Housing Authority and Community Services Agency as Lessor and Lane County as Lessee for the Lane Stabilization and Rehabilitation Center Located at 2222 Coburg Road, Eugene with Annual Rent of $89,256.

 

E. Public Works

 

1) ORDER 05-1-3-12/In the Matter of the Alteration of the Portion of Marcola Road (Portions of County Roads 20, 156, 346 and 411) From the Mohawk River, Northeasterly, to Parsons Creek Road, Being Located Within Sections 23, 24, 26, 27 and 34, Township 16 South, and Section 3, Township 17 South, Range 2 West of the Willamette Meridian.

 

2) ORDER 05-1-3-13/In the Matter of Appointing Five Members to Fill Vacancies on the Resource Recovery Advisory Committee. (PULLED)

 

3) ORDER 05-1-3-14/In the Matter of Awarding a Contract to Valley Equipment Company, Inc. in the Amount of $138,104.00, for the Purchase of One (1), New, Truck Chassis Mounted 4,000 Gallon Bituminous Distributor, Contract FY04/05 FS-04.

 

F. Workforce Partnership

 

1) ORDER 05-1-3-15/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.

 

 

END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *

 

MOTION:to approve the Consent Calendar with item E. 2) pulled.

 

Dwyer MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

10. CORRESPONDENCE TO THE BOARD

 

None.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

Dwyer announced he would be going to Salem on Monday for AOC.

 

Morrison noted that the Eugene State of the City was talking place later as was the City of Florenceís reception for Mayor Burns and City Councilor Dianne Burch.

 

Green announced the children from the Martin Luther King, Jr. Education Center in the culinary program provided the meats, cheeses and fruits for the festivities.He added they had a carved ice dolphin in the punch.

 

Dwyer stated that they budget $250 for the Martin Luther King, Jr. event in Springfield.He said Denis Shine said that David Suchart, Management Services, didnít come through with the money.He said if they donít come through that he would give $250 out of his discretionary money.He wanted to find out the status of the money.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

To take place after the meeting.

 

13. OTHER BUSINESS

 

ORDER 05-1-3-16 Ratifying Participation in Litigation with the Council of Forest Trust Land Counties Against the State of Oregon and Authorizing Costs.

 

MOTION:to approve ORDER 05-1-3-16.

 

Green MOVED, Stewart SECONDED.

 

VOTE: 4-1 (Sorenson dissenting).

 

There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 3:25 p.m.

 

 

Melissa Zimmer

Recording Secretary