September 27, 2005

following HACSA

Commissionersí Conference Room 

APPROVED 10/26/05


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




There will be an Emergency Business item.




John Sullivan, Pleasant Hill, stated he and other citizens in the Jasper/Pleasant Hill area needed help with train horn noise.He indicated they have no city government to go to.He said that as many 17 trains per day go through Jasper.He added within 500 yards in Jasper are two controlled train crossings.He noted a quarter mile before and continuing after the two crossings, the train sounds the horn.He commented that it affects their quality of life.He stated on June 4, 2005, the Federal Railroad Administration adopted new rules regulating train horns.He said the new rules allow for the establishment of partial quiet zones.He said they were asking for a quiet zone vote from 10:00 p.m. to 7:00 a.m. in the Jasper area.He was willing to donate money to determine what the options are and to gain input from residents.


Dwyer wanted county counsel to review the new rules and the limits.


Mike Altucker, Eugene, had concerns about the Comp Plan as he has an affected property. He said it would affect the transportation needs, planning and buildable lands inventory into the future.He recalled in February 2003, the Board adopted the Rivers to Ridges Plan, that lead to the PROS Plan.He noted that although the public was invited for input in the PROS Plan, major property owners were ignored and not contacted.He added that all of the sand and gravel operators and the River Ridge Golf Course had yet to be contacted about this plan.He indicated that the PROS Plan removes the basis of the Rivers to Ridges Plan, the voluntary participation by affected property owners.He commented that it sets the County up for being in the condemnation business.He noted the PROS Plan has removed all of the project designations contained in the Rivers to Ridges study.He indicated that $250 million in projects had disappeared. He commented that the PROS draft appears to be a major policy shift from the Rivers to Ridges Plan that was formally endorsed.He asked that the voluntary requirement be reinstated.


Roxie Cuellar, Springfield, commented that one of the concerns the Homebuilders Association has is that there is a quarter billion dollars in projects and many are outside of the UGB and inside the County.She said the city is already determining which of the projects are SDC eligible.She said the cityís attorneys have said there is no reason to bring the refinement plan to the County and the County didnít have an opportunity to weigh in on it.She asked whether or not the city could do a refinement to the Comp Plan, without agreement from the County and assume a larger planning area than is outside the UGB.She noted that all of the projects would be taken to the city council for adoption and they impact private property outside the UGB.She said their issue is whether or not the city could do a refinement plan to the comp plan that is actually the Countyís jurisdiction.


Dwyer commented that the city has no authority outside of the UGB and only authority is given to them within the transition agreement.


Debbie Jeffries, Eugene, commented that the people who participated in the Rivers to Ridges project did not include anyone outside of the UGB area.She was never contacted about it.She didnít know anyone outside of the City of Eugene who participated.She stated she is a County property owner as well as a property owner within the UGB.She said the city had identified her property in the County as a linear park.She noted that was something in 1988 the County permitted her to build and now they are saying they want a bike path.She said they are proposing 20 acres per one thousand residents.She added that the plan does not include the Goal 5 1,300 acres, the Nature Conservancy or4J city parks property.She asked the Board not to endorse this and to instruct the city staff to remove property that is outside of their jurisdiction from the plan.


Terry Connolly, Eugene, suggested the County get a clear outline as to what is the Countyís role in the eventual adoption of the plan.He said there are elements the County needs to be aware of. He noted the cost would have a $240 million price tag.He asked if the Board could get a specific outline describing what the Countyís role will be in the adoption of this.


Robert Taylor, Eugene, indicated that he met with Commissioner Green to discuss his problem with Land Management.He said that he purchased a piece of property in 1997 that was 4.8 acres.He noted for the past eight years he had been trying to get a building permit.He said the County agreed that the lot was a buildable lot from 1973 to 1977.He said the County has changed his position and they havenít come to any resolution in this matter.He said he had hired attorneys and land use planners who suggested he follow the course of action suggested by the County, to no avail.He asked the Board to look into this problem.


Dwyer recommended that Green provide the information to Land Management.




ORDER 05-9-27-10/In the Mater of Appointing Justices Pro Tempore for the Oakridge Justice Court and Adjusting the Compensation of the Primary Judge Filling the Vacancy.


Wilson explained that Judge Navarro had resigned from the Oakridge Justice Court.She said the order appointing the pro tem had provided that the pro tems were activated upon his providing written direction that he was going to be absent.She said the order identifies the justices of the peace, Cindy Cable and Cindy Sinclair who will be filling in at Oakridge until such time as there is an appointment by the governor of a new Oakridge Justice of the Peace.She added it also permits Judge Cable to designate pro temsif she or Judge Sinclair are not able to be in attendance.She said that Judge Cable is willing to serve as the primary Justice of the Peace, moving to Oakridge as needed.She noted it increases Judge Cableís compensation during the interim period while there is a vacancy from her three quarter time salary in Florence to a full-time salary for a Justice of the Peace with the increase to come out of the Oakridge budget.


MOTION:to approve ORDER 05-9-27-10.


Stewart MOVED, Green SECONDED.


VOTE: 4-0.








a. DISCUSSION/Quiet Zones for Trains.


Stewart indicated Mr. Sullivan contacted him in June with the ďheads upĒ that the Federal Railroad Administration was changing rules that would allow for quiet zones.He noted the governing body jurisdiction needs to take the lead in filing the application for the quiet zone.He said Lane County would have to file for this.He proposed allowing staff to do further investigation to see if it is something they could do.


Dwyer didnít want to have Mr. Sullivan use his funds.He noted that it was a public policy decision and they could help the citizens.


Green asked what Lane Countyís authority was for this.


Dwyer said there would be a regulatory change that would allow counties and the entity to apply for the quiet zone to see what regulatory authority they have.He wanted Sonny Chickering, Public Works, to report back on what they would have to do to comply with the railroad rule.


Chickering indicated that there is a process identified in the federal guidelines.He said they didnít know this existed.He said the train horns provide a measure of safety at the crossings.He said if they are not going to allow for the train horns anymore, they have to compensate to make improvements at the crossing.He added there would probably be dollars involved.He said there is a review process and it would have to be given to ODOT and to the railroad for an opportunity to comment.


There was consensus from the Board to move forward with this.


b. REPORT/Eugene Parks, Recreation and Open Space Comprehensive Plan. (PROS)


Carolyn Weiss, City of Eugene, explained that this is a comprehensive plan that had taken two years of a community planning process that had never before adopted all of the quality of life purposes.She said this plan represents a unique opportunity for citizens, staff and elected officials to work together to make Eugene a great place to live, work and play.She added that about 3,000 area residents participated in the process and represented every neighborhood in the city and different community groups.She indicated that there are four phases: identifying community needs, creating and confirming a future vision, developing strategies to implement those visions and obtaining approval for the plan from the city council.She commented that to date they had finished the first three phases of the process.


Dwyer had concerns about properties outside of the UGB.He asked what notification was given.


Weissindicated that they didnít target specific property owners in the county.She said there were 3,000 various groups and they advertised in The Register Guard and in The Eugene Weekly.


Green commented that it was problematic for people who live in the county who were not notified.


Johnny Medlin, City of Eugene, stated he didnít think it was practical for them to send notice to every resident.He said they used other forms of strategies.


Dwyer asked where the City of Eugene had authority to adopt a plan that adopts properties outside the city limits and UGB without having a major plan amendment.


Medlin responded that the Comp Plan is a refinement plan of the Metro Plan.


Dwyer thought the Countyís involvement was passive.He thought the City of Eugene would do what Lane County couldnít.He reiterated that the City of Eugene couldnít approve it unless there is a majority of the Board of Commissioners.


Weiss noted if there is a concern that the Comp Plan is not in line with the Metro Plan, then there would be an ability for the Board to act on that.


Medlin stated that they have no intent of exercising any regulatory authority outside the city limits of Eugene or the transition area by agreement with Lane County. He said it was put in specifically to point out that they have no intent of a regulatory nature.He added that in the plan they are not adding any language to Chapter 9 in order to put additional regulatory burden on owners.He said they were actually taking language out of Chapter 9 so they see the document has less regulatory effect than the previous document.


Dwyer asked what they wanted from the Board.He asked what happened if they didnít agree with this.


Stephen Vorhes, Assistant County Counsel, explained that the Metro Plan did not have clear language on refinement plans.He said it says that refinement plans will be referred to the other jurisdictions.He said the Board would need to determine if the plan necessitates a Metro Plan amendment, involving more jurisdictions.He didnít know where it would have an effect outside of the city limits.


Dwyer indicated that the Board had to hear from their counsel about what the jurisdiction is. He would not approve anything that would affect people who didnít have an opportunity to participate in the process.


Green asked if once the City of Eugene adopts the plan it will require some UGB expansion.


Medlin stated he was not aware of anything in the plan that would go past the UGB.He said they have policy statements in the plan that directs how they would operate as an organization.He said they have interest in participating with connectivity like the Ridgeline Trail.He added they also want to extend the bike path to Orchard Point.He said they were not asking for any regulatory authority to make that happen.


Green asked if Lane Countyís Planning Commission would be part of this process.


Medlin said it would depend on Lane Countyís counselís legal response.He said they were told that it is not a necessity for taking this through the Lane County Planning Commission.


Dwyer thought that the Lane County Planning Commission needed to be a part of this.


Stewart commented that if the County didnít buy into this, then what good was the plan.He said if they put together a plan, it should include all entities.


Weiss explained that they were building onto the Rivers to Ridges Plan and assumed that the County had endorsed it.


Dwyer stated the Board was not taking action on this.He wanted the City of Eugene to know the Board was not happy about this and that the Lane County Planning Commission needs to be involved outside of the city limits.


Sorenson wanted someone from the City of Eugene to send a letter to the Board clarifying what the role of Lane County government is in a comprehensive park planning process for the City of Eugene.


Green asked what they would be asking the council to adopt.


Weiss responded that specific projects were not identified in the plan.She said they would adopt the goal policies and strategies.


Medlin noted that the city council would adopt the list.He said it is scheduled to go before the city council in January 2006.He said that list will be used by the RAC and after they make their recommendations then the council would make a decision on SDC methodology.


Dwyer commented that the city council needs to be sensitive about where their authority is.He said that Lane County needs to do the planning outside of the city limits.He said until they can figure out the projects, the Board of Commissioners wouldnít move this forward.He wanted the questions answered by counsel, have the Planning Commission get involved and then have a work session.


c. DISCUSSION/Approving a Letter Regarding Changes in Federal Economic Development District Rules.


Peter Thurston, Economic Development, reported the Economic Development Administration at the federal and regional level has recommended that agencies that participate in economic development districts weigh-in on the issue of a change in the policy at the federal level.He said the letter was drafted for councils of government and other local entities in the district.He focused the letter on job creation goals for economic development and incorporated their concerns.


MOTION:to approve sending a letter.


Green MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. Announcements


Van Vactor announced that tomorrow there would be a diversity session with Dr. Nichols.He recalled a citizen had contacted them about the safety of a certain section of railroad by Goshen.He thanked the citizen that called it in, Tom Stinchfield and Sonny Chickering because they figured that needed to go to the rail section of ODOT.He said that ODOT inspected it and found 13 items that needed to be improved within 30 days.




a. SEVENTH READING AND DELIBERATION/Ordinance No. PA 1221/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Clarify and Provide Greater Flexibility for Public Safety Service Delivery in the Eugene-Springfield Metropolitan Area (Metro Plan, Growth Management, Policy 15). (NBA & PM 4/5/05, 4/19/05, 5/10/05, 6/1/05 & 8/31/05). (Eighth Reading and Deliberation: December 7, 2005, 1:30 p.m.)


MOTION:to approve a Seventh Reading and setting an Eighth Reading and Deliberation for Ordinance No. PA 1221 for December 7, 2005, 1:30 p.m.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




A. Approval of Minutes:

May 11, 2005, Regular Meeting, 1:30 p.m.

August 24, 2005, Regular Meeting, 9:00 a.m.

August 24, 2005, Regular Meeting, 1:30 p.m.

August 31, 2005, Regular Meeting, 9:00 a.m.


B. County Administration


1) ORDER 05-9-27-1/In the Matter of Receiving Community Development Block Grant Funds for the Blue River Water System Improvement Project and the Lane County Housing Center Project and Increasing Revenue and Expense Appropriations in General Fund General Expense.


C. Children and Families


1) RESOLUTION AND ORDER 05-9-27-2/In the Matter of Approving the Submittal of a Grant to the Ford Family Foundation in the Amount of $200,000 Over Four Years for the Family Resource Centers of Lane County; and Delegating Authority to the County Administrator to Sign Grant Documents.


D. Management Services


1) ORDER 05-9-27-3/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Phyllis V. Cunningham, Former Owner of Record (Map #17-03-26-42-01200, Adjacent to 1473 N. 5th, Springfield)


2) ORDER 05-9-27-4/In the Matter of Award of Bid LCB 2005-08 for a Construction Contract for Lane County Harris Hall Remodel in the Amount of $243,861.


E. Public Safety


1) ORDER 05-9-27-5/In the Matter of Delegating Authority to the County Administrator to Execute Memorandum of Understanding Between Internal Revenue Service on Behalf of Department of Justice Joint Project Office and Lane County to Implement the First Stages of a Nationwide Very High Frequency Trunking Communications System.


MOTION:to approve the Consent Calendar.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




a. ORDER 05-9-27-6/In the Matter of Adding an Additional 1.0 FTE Program Services Coordinator I to Coordinate Prevention Projects in the Department of Health and Human Services.


Rob Rockstroh, Health and Human Services, explained that this is a partnership with the Oregon Research Institute.He said it was an underage drinking prevention strategy to reduce teenage drinking.He noted if the money goes away, the position goes away.


MOTION:to approve ORDER 05-9-27-6.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.


b. ORDER 05-9-27-7/In the Matter of Appropriating $63,024 in Revenue and Expense in Health and Human Services to Establish a 1.0 FTE Public Health Educator Position in the Department of Health and Human Services/Public Health Services (Fund 286).


Rockstroh said this is also grant-driven.He noted it is two small grants tied with physical activity and nutrition.He said it would also allow working with clients on the dental health side.


MOTION:to approve ORDER 05-9-27-7.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.




a. ORDER 05-9-27-8/In the Matter of Appointing Two Pools of Board Members Who May be Selected by the County Clerk to Sit on the Board of Property Tax Appeals.


MOTION:to approve ORDER 05-9-27-8.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.


b. ORDER 05-9-27-9/In the Matter of Creating the Classification and Salary Range for the Parole and Probation Supervisor.


Hector Rios, Management Services, explained they have created this classification in order to have a job description that is reflective of the duties that Parole and Probation supervisors perform.He said they also wanted to assign specific minimum qualification and duty skills that are required for someone to perform the job.


MOTION: to approve ORDER 05-9-27-9.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.








Green announced that the District 5 AOC meeting met in Lane County and they discussed issues around counties.


Stewart stated that Wednesday would be the last Public Safety Task Force meeting.He announced that he would be having a town hall meeting in Coburg and Oakridge.He added that he would be gone from October 1 to October 8 to attend the Pacific Leadership Program.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation.






There being no further business, Commissioner Dwyer recessed the meeting into Executive Session at 11:20 a.m.



Melissa Zimmer

Recording Secretary