BOARD OF COMMISSIONERS'
June 28, 2006
Commissioners' Conference Room
Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Faye Stewart present. County Counsel Teresa Wilson, County Administrator Bill Van Vactor and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Item 8. C. 4) was pulled off the Consent Calendar.
2. PUBLIC COMMENTS
Kenny Gee, Creswell, said he had a Measure 37 claim. He recalled that at the time of his claim, the final board order come through with a two-acre restriction which he believed was not the language of the law. He originally asked the Board for a zone change to RR2. He said they never changed it. He wanted the order to reflect the language of the law. He gave examples to staff. He noted research he had done stated the language had been adopted. He indicated staff stated in the original agenda memo of May 11, 2005 that when he acquired the property the land use regulation in effect was unzoned.
Dwyer thought they should give another notice on his claim because they are impacting people differently than before.
Van Vactor thought it would be appropriate to provide notice that lots could go down to 8,000 square feet.
Lori Ambo, Elmira, asked for financial help for the replacement of the bridge on Green Creek Road. She heard the County could pay for this if it is an emergency. She noted that ODOT said it was an emergency and was going to condemn the bridge. She thought it was enough of an emergency to warrant County funds. She thought the Board’s decision on the matter was wrong.
Michael Smith, Eugene, said he is an editor of a micro media project wherein they communicate with the press on student issues. He said they are planning a parallel action in Humboldt County and Lane County to open up higher education access for welfare recipients. He wanted an ordinance from both counties in support of this.
Chris Orsinger, Eugene, Executive Director for Friends of Buford Park and Mt. Pisgah, discussed the opportunity to apply for the Wildish lands to be added to the Howard Buford Recreation Area. He said the application of the Wildish Company to file a Measure 37 claim is within Wildish’s rights and the County will determine that. He suggested having a dialogue to explore acquisition for all or part of those lands for public benefit. He said that the Friends of Buford Park was willing to be a partner and know of five funding sources.
3. EMERGENCY BUSINESS
4. COMMISSIONERS' REMONSTRANCE
Sorenson announced that the Oregon State University Beavers won the NCAA National Baseball Championship.
Dwyer stated they have an opportunity to get the Wildish Property. He met with them on a number of occasions. He wanted to form a Measure 37 trust whereby they might be able to purchase the property. He said they need to have a work session on the options available.
5. COMMISSIONERS' BUSINESS
a. ORDER 06-6-28-1/In the Matter of Contributing $5,000 for the General Expense Operational Contingency to the Eugene-Springfield NAACP Afro-Academic, Cultural, Technological, Scientific, Olympics (ACTSO) Program to Assist in the ACTSO 2006 National Competition.
Dwyer read the resolution into the record.
MOTION: to approve ORDER 06-6-28-1.
Green MOVED, Morrison SECONDED.
6. COUNTY ADMINISTRATION
b. ORDER 06-6-28-2/In the Matter of Delegating Authority to the County Administrator to Execute an Agreement with Lane Workforce Partnership on the Provision of Administrative Services.
Van Vactor recommended approval, in response to an audit comment.
MOTION : to approve ORDER 06-6-28-2.
Green MOVED, Sorenson SECONDED.
Wilson explained the Workforce Partnership Board had amended their bylaws to permit a County official representative, either a commissioner or the county administrator, as a designee. She said they have a board order in place that has Sorenson as the County’s representative.
c. DISCUSSION/Florence Urban Renewal Agency.
Van Vactor reported the City of Florence was forming an urban renewal agency. He said they could cost Lane County general fund money and are sensitive to that. He said they were proposing to have the agency that is impacted appoint a representative to work on the plan. He thought they should have a County representative so the plan could be designed to have a broader impact and all taxpayers would benefit. He said they were asking for a representative: the County Administrator, the Assessor or a Commissioner from the district.
Dwyer wanted a Commissioner from the district.
Morrison commented that the biggest stumbling block is the lack of knowledge around the taxing mechanism and how it works. She recommended Jim Gangle, and he told her he was interested.
MOTION: to appoint the Assessor to be Lane County’s representative.
Morrison SECONDED. Stewart SECONDED.
Green supported the recommendation.
d. ORDER 06-6-28-3/In the Matter of Assigning Five Projects to the Needs and Issues Inventory Being Compiled by the Lane Economic Committee.
Mike McKenzie-Bahr, Economic Development, stated this was a Needs and Issues annual inventory process. He noted the projects were from agencies and local governments. He said the Economic Development Standing Committee reviewed what had been submitted in the past and came up with these five items: the Public Health Building, the Coburg Wastewater Treatment Facility, the Row River Water Project, the Sheriff’s Office Adult Learning Project and the Rural Housing Rehabilitation Project.
MOTION: to approve ORDER 06-6-28-3.
Stewart MOVED, Green SECONDED.
Stewart thought all the projects were good. He recommended putting the projects in this order: the Public Health Building, Row River Water Project, Coburg Wastewater, Rural Housing Rehabilitation and the Sheriff’s Office.
Stewart amended the order to list the above by priority.
e. DISCUSSION/Employee Status Change in the Community and Economic Development Department.
McKenzie-Bahr explained they are moving an intern from part time to full time. He added, in the process, the County would need to extend a benefit package. He said they have CDBG funding to do that.
With regard to the Blue Water Project and the Mapleton Water Project, McKenzie Bahr indicated that this person would make sure they are complying by having the contractor, engineer and LCOG fill out the paperwork to match the CDBG grants. He said under the original contract, LCOG would insure the County was meeting compliance.
7. PUBLIC WORKS
a. ORDER 06-6-28-4/In the Matter of Vacating the Remaining Westerly Portion of the Alley in Block 117, in the Second Amended Plat of Fern Ridge, as Platted and Recorded in Book 6, Page 28, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-05-35-31).
Tom Dreschler, Land Management, reported that this is an order to vacate a small section of alley in the second amended plat of Fern Ridge, located west of the airport in Alvadore. He said it was originally laid out by subdivision process in 1913. He indicated this came by petition of 100 percent of the adjoining landowners who are requesting the vacation so they could build a single family dwelling on the property. He said it appeared the land had never been opened or used by the public. He noted the main portion of the alley in Block 177 was vacated in 1999 and this is the full remaining segment of the public right of way. He added that all alleys in the six-block area had been vacated. He said they provided legal notice. He noted there were no objections and Land Management recommended approval.
MOTION: to approve ORDER 06-6-28-4.
Green MOVED, Morrison SECONED.
VOTE: 4-1 (Dwyer dissenting).
Dwyer stated he didn’t want to vacate the property without a public hearing.
b. DISCUSSION/Emergency Replacement of the Green Creek Road Bridge (Bridge 18751) at M.P. 0.23
Ollie Snowden, Public Works, recalled the Board wanted a report back on the ability to use County funds for emergency on local access roads. He noted there are two issues that need to be considered. He said one is Lane Code 15.636 Section 3. He indicated when the Board determines that the public’s interest requires improvements to bridges on a local access road, the direct cost of the bridge improvement or replacements shall be assessed specifically to the benefiting property owners on a uniform basis. He said the first thing he has to do is amend Lane Code to either change or eliminate that provision. He added that according to ORS, the statute is permissive, not a requirement. He said it stated that the county governing body shall spend county monies on local access roads only if it determines the work is an emergency or if a) the county road official recommends expenditure; b) public use of the road justifies the expenditure and c) the Board enacts an order and resolution designating whether work is for one time or a continued expenditure. He said the assertion that they must spend money on an emergency is not, in his opinion, the interpretation of the law. He recalled the public testimony from Ms. Ambo indicated that the County should pay for this.
Dwyer said making the declaration of an emergency and the provisions of the maintenance just allows them to comply with the statute with their discretionary powers. He asked what type of a hardship would be placed on the people who were impacted.
Snowden indicated they sent out notices of the potential assessment. He added the remonstrance period ended yesterday and they didn’t receive any remonstrance letters at Public Works. They were supposed to be addressed to him.
Morrison said she understood Ms. Ambro’s concerns. She said when she had the original agenda packet and with the ensuing action the Board took, they did not close the bridge, it was the state. She said they posted it and applied a three-ton weight restriction so people could have access to their homes and for emergency vehicles in case there was a fire.
Snowden noted that was a concern of the state because they recommended that it be closed.
Dwyer thought the neighbors were being impacted and it is an emergency. He suggested thinking about how they are going to pay for this and to declare an emergency and work on cost sharing with the neighbors.
Green wanted a consistent public policy. He asked if this was the state’s bridge or Lane County’s bridge.
Snowden indicated that the County has jurisdiction, but it is not a County bridge. He recalled there was another bridge, Horsecreek Bridge, that was a rehabilitation project. The County applied for HBR money on the condition that the residents put up the match, which they did. He said a condition of using the federal money was that the County takes ownership of the bridge after rehab.
Green thought the neighbors should pay if they had the ability.
Snowden stated that the federal money being discussed would not pay for a temporary bridge prior to construction of a new bridge.
Sorenson asked if the Board were to declare an emergency, if they would be required to spend the funds on the road.
Wilson advised that they are permitted, but not required to spend money. She said the structure of the statute is such that they are not to expend road funds on local access roads. She added the Board is liable if they do. She noted that local access roads are not something the County owns, and it is allowed to spend money only under certain circumstances. She said the Board could spend money if they declare an emergency or if a road official recommends the work be done. They have to enact an order authorizing the work. She explained that although the statute uses the word shall, it uses it in the context of setting limitations. She didn’t believe a court would interpret it as mandatory that they spend money in order to define an emergency. She said they could declare an emergency and still use a separate policy for funding.
With regard to assessment, Dwyer asked how they could implement a hardship aspect in an emergency from assessments.
Green thought they should be consistent with assessments. He said they have assessment policies.
Sorenson thought they should use their emergency power to help people.
Dwyer said they need to have an emergency declaration that makes it clear it is an emergency so it alleviates them from liability and any future maintenance, and deals with the assessment policy separately.
Wilson indicated the Board had already authorized an emergency by ORDER 06-3-15-2. She explained that it authorized an emergency and temporary replacement of the Green Creek Bridge Road. She said they determined the costs of the improvements be assessed to the owners who would be benefiting.
Green said it appeared they want to relieve some of the property owners of the costs. He said they all agree it is an emergency and that the bridge should be replaced.
Stewart thought they needed to look at their local access road policy. He said when the neighbors came in, they were going to help them. He thought when the neighbors left they thought they didn’t have to pay. He said when they give the impression they are going to do something, then do it differently, he is concerned. He said they need to be clearer when there is an emergency situation.
Morrison recalled that last winter they had a discussion and took action about the whole emergency situation. She said the Board moved forward and she didn’t agree with that. She said if local access roads are not in the system, they need to be consistent every time with interpreting the policy. She reported she met with these people last spring and told them the probability of having to pay was almost 100 percent. The amount they would pay was what she didn’t know. She said for the Board to say they didn’t think they had to pay was wrong. Morrison said they have brought the costs down and allowed the neighbors to do some of the prep work.
Dwyer said when they deal with issues of assessments they need to develop a checklist that asks questions. He said they will go down the list so they are clear about the impact and people will be clear. He was under the impression that the County was helping people with the emergency and they were going to find some money. He thought the money needed to come out of the road fund.
Snowden explained that it was a two-step process. He noted there was a February 17 agenda where the Board gave direction and a February 28 meeting with a supplemental order that spelled out the assessments that were adopted. He asked the Board if they should proceed with the bridge, irrespective of how it is going to be funded.
Dwyer said they should go ahead.
Green suggested that they relay that information to the property owners.
c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 1233/In the Matter of Adopting the Springfield Natural Resources Study For Application Outside the Springfield City Limits and Within the Springfield Urban Growth Boundary, and Adopting a Severability Clause (Metro Plan Periodic Review Work Task No's. 5 & 7). (Second Reading & Public Hearing: July 12, 2006, 1:30 pm)
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 1233 for July 12, 2006 at 1:30 p.m.
Morrison MOVED, Green SECONDED.
d. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 4-06/In the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the Springfield Development Regulations For Application to Urbanizable Lands Within the Springfield Urban Growth Area (LC 10.600-15) and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: July 12, 2006, 1:30 pm).
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 4-06 for July 12, 2006 at 1:30 p.m.
Morrison MOVED, Green SECONDED.
8. CONSENT CALENDAR
A. Approval of Minutes:
October 19, 2005, Regular Meeting, 9:00 a.m.
October 19, 2005, Regular Meeting, 1:30 p.m.
October 25, 2005, Regular Meeting, 9:00 a.m.
May 3, 2006, Regular Meeting, 9:00 a.m.
B. County Administration
1) ORDER 06-6-28-5/In the Matter of Approving Additional Projects and Adjusting Funding for Juvenile Forest Work Team Project under Title III of the Secure Rural Schools and Community Self-Determination Act of 2000, P.L. 106-393 for FY 06-07.
C. Public Works
1) ORDER 06-6-28-6/In the Matter of Alteration of a Portion of Cedar Flat Road (County Road Number 539) From Highway 126, Southerly, to East Cedar Flat Road, Located Within Section 32, Township 17 South, Range 1 West of the Willamette Meridian.
2) ORDER 06-6-28-7/In the Matter of Authorizing an Option Agreement With Eugene Self Storage, L.L.C., to Release Road Fund Restrictions From a Parcel Formerly Owned By Lane County.
3) ORDER 06-6-28-8/In the Matter of Authorizing the Sale of Two Parcels of County-Owned Real Property on Royal Avenue, Identified as Tax Lots 17-04-27-22-04500 & 17-04-27-22-04599.
4) ORDER 06-6-28-9/In the Matter of Authorizing the Sale of County-Owned Real Property Located at the Southeast Corner of the Intersection of Marcola and Mohawk Roads and Identified as Tax Map 17-03-25-13, a Portion of Tax Lot 500.
MOTION: to approve the Consent Calendar with item 8. C. 4) pulled.
Green MOVED, Stewart SECONDED.
9. CORRESPONDENCE TO THE BOARD
10. COMMISSIONERS' ANNOUNCEMENTS
Green announced he would be attending the NACo Conference in Chicago. He stated there is a county vote allocation and he would be a proxy for the Board. He indicated that Lane County gets 13 votes.
Dwyer asked that they prepare a proxy board order and bring it back at the first meeting in July.
Sorenson wanted this as a standing agenda item.
Morrison commented they never know when NACo sends this out.
Green indicated he had a meeting with the Japanese American community. He said they were seeking funding for a Japanese American Memorial. He said they raised money for a challenge grant to help construct a memorial. He said the group was requesting $8,500. He asked the Board to direct the County Administrator to take it from next year’s contingency budget for help with the project.
MOTION: to take $8,500 out of next year’s contingency budget for help with the Japanese American Memorial Project.
Green MOVED, Stewart SECONDED.
Dwyer thought it was an appropriate use of the contingency reserve. He wanted an order to come back at the July 12 meeting.
Green announced he was working with state judges about a survey of each county. He said it should go out next week.
11. EXECUTIVE SESSION as per ORS 192.660
12. OTHER BUSINESS
Report back on Secure Rural Schools
Tony Bieda, Intergovernmental Relations Manager, reported the Secure Rural Schools Act is before Congress pending legislation to reauthorize the safety net payments and extend the funding for the act for another five to seven years. He said that Lane County has participated over the past 18 months. He said the impasse is getting other states and counties across the United States that benefit from the legislation to step up and make an appeal to their members of Congress to sign onto the bill.
Bieda recalled that for the past 12 months the national coalition had been focused on adding co-sponsors in the House and Senate. He indicated they are up to 110 co-sponsors and about 10 had been added in the past three weeks. He was in Washington, D.C. last week with a team of people, visiting staff members to add to the co-sponsorship list in the House. He said there would be another lobbying trip in mid-July led by the national coalition to try to add more co-sponsors. He said they are lacking a funding source that could offset the cost that would garner bi-partisan support.
There being no further business, Commissioner Dwyer recessed the meeting at 11:15 a.m.