June 15, 2005

1:30 p.m.

Commissionerís Conference Room

APPROVED 9/13/05


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




Mary Ann Holser, Eugene, commented on the possible private sale of the Glenada Dunes property. She noted that it is adjacent to the National Dunes Recreation and is a beautiful vista for tourists.She stated that under Oregon statute, the funds for the foreclosed properties go to the Lane County Parks budget.She thought Lane County Parks was going to sell the property to private developers.She thought it was unwise and unnecessary.She noted that the State Department of Parks and Recreation under Ballot Measure 66 has authorization and funds to buy this property after the propertyís appraisal.She commented that with the state park purchase, the land would remain with the citizens of Oregon and not sold to benefit developers. She thought that the state park being adjacent to the National Seashore Park would assure the integrity of the coastal area for the citizens.She believed this issue affects all citizens of Lane County.




a. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1222/In the Matter of Amending Lane County General Plan Policies (an Element of the Lane County Rural Comprehensive Plan) by Revising Goal Two - Policies 10, 11, and 16; Adopting Plan Designations and Zoning Designations for Five Unincorporated Rural Communities in the Coast Fork Willamette Watershed, and Four Unincorporated Rural Communities and One Urban Unincorporated Community in the Middle Fork Willamette Watershed to comply with such Amendments; and Adopting Savings and Severability Clauses (NBA & PM 6/1/05).


Bill Sage, Land Management, reported this is the final piece of the periodic review work program that includes the Coast and Middle Fork of the Willamette River.He noted the work program asks the County for an inventory within the ten communities of all commercial industrial lands.He said they expanded the inventories to cover all of the developed and committed exception areas in both watersheds.He added there are about 280 exception areas.He noted they provided the Board with the information on CDs this year.


Sage explained out of the inventory came another document called the OAR Compliance Report, that they provide for the DLCD staff that looks at the ten communities and writes a report on each of the communities.He added that theymake a determination whether they comply with one of the definitions of a community.He noted there is a requirement that the communities meet one of the designations.He added that the community of Dexter is under a different mandate by the state.He said if they have 15 permanent residents to the sewage system and connected to the water system, then under state mandate, they automatically become an urban unincorporated community.He noted the Dexter District has about 300 hookups.He indicated that Dexter under this ordinance would be an urban unincorporated community.He noted that there is a coordination effort that goes on between all the districts to write a facility report.He said they recommended to the DLCD that they not look at the facility report for Dexter until they have the community itself ready to discuss capacity.He said if that were the case, they would come back in 2006/2007 to write the report with them.He added they would come back to the Economic Development Committee to ask for some money andthen go to DLCD for grants.


Sage noted that for this year they were able to use two different grants to do the periodic review program. He indicated that the Lane County Economic Development Committee gave the money which was spent on metro planning and on the Rural Comprehensive Plan work program.He added they also received an LCDC grant of $35,000.He noted at the end of June, they will have completed the initial lay-down of the GS digital form of all the zoning districts in the county, outside of the urban growth boundaries in the metro area.He indicated they spent $18,035 and are moving forward with the metro area.He said they would be bringing that to the Board over the next year on a watershed basis.


Sage recalled that the Planning Commission met regarding this on May 17 and held their public hearing.He added that they sent the recommendation forward on a vote of 3-2 for the Board to approve.He noted there is a second set of actions that will be coming out of periodic review.He said that is where they went back into the watershed and rezoned properties.He noted they have 104 candidates within these two watersheds.He thought by the beginning of September they could come to the Board with an ordinance that implements those.He added in those ordinances they get to do other things with the communities they canít do under periodic review including expanding community boundaries of Pleasant Hill and Goshen.


With regard to Ballot Measure 37, Sage said they implemented the commercial industrial zone in the McKenzie and other watersheds throughout all the developed and committed exception areas in the past.He noted the only areas where those two different zoning designations donít apply are in the ten communities with the two watersheds they are working with now.He added the only thing in it that staff sees of concern is the floor area requirements.He noted there are limitations in square footage.He noted it is 4,000 for a single commercial use, 8,000 for Dexter.He added it is 40,000 for industrial use in nine of the communities and 60,000 for Dexter for industrial use.


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


Green commented that there was no one signed up to speak at the Planning Commission Public Hearing.He was supportive of this.


MOTION:to adopt Ordinance No. PA 1222.


Green MOVED, Stewart SECONDED.






a. FOURTH READING AND DELIBERATION Ordinance No. PA 1212/In the Matter of Adopting a Conformity Determination Amendment to the Rural Comprehensive Plan (RCP) Pursuant to RCP General Plan Policies - Goal 2, Policy 27 a.ii., Goal 2, Policy 27 a.vii. and Goal 4, Policy 15, to Rezone 83.58 Acres from Nonimpacted Forest Land (F1, RCP) to Impacted Forest Land (F2, RCP) for Four Parcels Identified as Tax Lots 4100 (15.69 Acres) and 4200 (23.19 Acres) on Lane County Assessorís Map 19-01-08, and Tax Lots 1800 (26.01 Acres) and 401 (18.69 Acres) on Lane County Assessorís Map 19-01-17, and Adopting Savings and Severability Clauses. (File: PA 04-5276, Kronberger) (NBA & PM 3/16/05, 3/30/05 & 5/4/05).


Bill Sage, Land Management, recalled that on May 4, 2005 when the Board held the public hearing, at the conclusion they closed the record and assigned the findings of fact and the conclusion of the law to be adopted along with the ordinance they had in the agenda cover memo to the applicant.He noted that the applicant had submitted those and they were given to the Board on May 31, in the fifth addendum to the cover memo.He said unless the Board had any concerns about the language or content of the findings and whether or not they representedthe tentative decision they came to, then staff recommended the Board adopt the findings in support of the ordinance. 


MOTION:to adopt Ordinance No. PA 1212.


Green MOVED, Stewart SECONDED.


Sorenson noted on page 3 of the memo they received on February 28, that at the October 5, 2004 deliberation of the Lane County Planning Commission they unanimously voted to send a recommendation to the Board of Commissioners for denial of the request of this specific circumstance.He said that is why he and Dwyer voted no on the tentative approval motion on May 4, 2005.He commented that the Board was overriding a unanimous recommendation from the Planning Commission and he would be a no vote.


VOTE: 3-1 (Sorenson dissenting).




Stewart reported that yesterday at the LRAPA Board Meeting they were unable to appoint a ninth member to the Board and they have re-opened for new applicants for the position.He wanted to have a discussion at the next meeting about LRAPA and their benefits. He also wanted to discuss the future to make sure that Lane Countyís concerns are represented.


Green thought they should also have a representative from DEQ to discuss the appropriate model.


Morrison congratulated the seniors that will be graduating.She noted that last night she and Green attended the graduation at the Martin Luther King, Jr. Education Center.She said that 23 people graduated.




Morrison reported she received a request for participation around a group that is coming from China.She asked the Board for direction for the next meeting.She noted that she attended a meeting about this last month.She said for the acrobats to do a performance at the Hult, there are costs involved and there would be a deficiency of $8,000.She added she gave the Board a request from Centro Latino that will be coming back to the Board next week.


Green was concerned as this was not a Lane County connection but a metro connection.He didnít want to help with the shortfall at the Hult Center regardless of who was performing.


5. EXECUTIVE SESSION as per ORS 192.660




(Note: the following items were rolled forward from yesterdayís meeting)




a. Announcements




b. DISCUSSION/2005-2006 Lane County Budget, Making Appropriations and Levying Taxes


Dave Garnick, Senior Budget Analyst, explained that they try to bring forward any changes they are proposing that have occurred since the Budget Committee approved the budget.He noted those were on Attachment A. (Copy in file.)


With regard to the Animal Regulation Fund 283, Morrison asked if the City Council approved this.


Garnick responded that it was approved.He added they were willing to add $232,000 to the animal control budget and $100,000 was going to come from licensing fees and $133,000 additional from the city.He said that was the compromise that was worked out.He indicated that this restores the three positions that would have otherwise been cut.


With regard to add package adjustments, Garnick noted one was for Health and Human Services for Fund 285, all dedicated revenue for the purpose of additional detox services.He said there is one reduction for Fund 286, the Health and Human Services fund where they were able to keep the services flat by using the dedicated reserve money for Healthy Start.He indicated that Healthy Start would be reduced by 2.15 FTE.


Morrison noted they have received letters and e-mails regarding their cutting of the OSU Extension Service, although they hadnít cut the Extension Service.She indicated that someone was expressing to people that they had cut the Extension Service and that wasnít true.She stated that this was a status quo budget.


Garnick noted there was a late change that they just received, billing authority of Trillium Family Services for mental health services, with the term of 10/1/05 through 9/30/06 for $500,000.He said he would make the changes and bring forward the order next week with a public hearing.


There being no further business, Commissioner Morrison adjourned the meeting at 3:00 p.m.



Melissa Zimmer

Recording Secretary