May 3, 2006

1:30 p.m.

Commissioners' Conference Room

APPROVED 6/21/06


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




a.  PUBLIC HEARING AND ORDER 06-5-3-7/In the Matter of Receiving Comments from the Public about Community Development Needs, Proposed Projects to Meet These Needs, and Lane County’s Performance of Community Development Block Grant (CDBG) Projects.


Peter Thurston, Economic Development, explained that this is a matter relating to the Community Development Grant.  He said that Lane County is an eligible applicant for Small Cities Community Development Block Grant funding through the State of Oregon.  He indicated the funds originate from the Federal Housing and Urban Development Department.  He said they are to hear from the public on the matters of past grants and activities, current grants that are underway and proposals for what the County would set as priorities for the coming year.  He explained that after the Board hears from the public, direction to staff needs to be given about how to proceed and which projects would receive priority in the coming year as funding opportunities become available.  He distributed a letter from Sue Bond, Mayor of Oakridge.  She requested that it be entered into the record as testimony.


Commissioner Stewart opened the Public Hearing.


Celia Walker, St. Vincent de Paul, said they are the agent that represents regional housing rehabilitation for Lane County.  She said the CDBG allows the County to obtain grants to loan out to low-income people on home improvement projects for their homes.  She said the money helps people who could not go to a bank because their income is too low to allow repayment.  She said they help senior citizens, disabled people and families with small children.  She was present on behalf of Anne Williams.  She recalled that since 2002, St. Vincent de Paul had obtained nearly $2.1 million in available loan money through grants for Lane County.  She noted they served over 156 households and see a need for a total of 136 on their current needs list.  She explained the benefits are far reaching.  She indicated the money is from federal grant money that they are able to disburse throughout the community so people could buy their supplies from local vendors.  She added they are increasing their ability through leveraging funds with the U.S.D.A. and the Housing Authority.  She said their $2.1 million had been matched by $101,000 from U.S.D.A. and $90,000 from HACSA.  She said they work closely together to make sure the right people get the right resources.  She added it helped them to regain more than $100,000 in repaid loan money that they could send out again.  She noted that last year the Board supported them in their grant application for Florence.  She said they are now working on 20 homes in the Florence area to help people with major health and safety repairs.  She indicated they still have a total of 66 families within Florence and the West Lane County area who are still on their needs list.  She hoped they would be able to apply for a grant this year for East Lane County to help them.  She indicated they have 163 people interested in East Lane County.  She said they have 72 who are qualified and have 70 more that they are unable to fund without the grant.  She asked for the Board’s support.


Kim Metzler, LRAPA, Springfield, stated they provided a letter of support. She indicated they sponsored the Warm Homes Program.  She said they got a grant last fall to bring agencies together to find out where there is funding so they could provide the necessary improvements in Oakridge.  She indicated they came up with five agencies that have funding.  She added they are also applying for a grant of $125,000 to help for stove improvements.  She added they have 150 people who had shown interest in the program.  She asked the Board to support the program so they could help make the improvements.


Richard Harden, Cottage Grove, was present on behalf of the communities of Culp Creek and Dorena.  He said the City of Cottage Grove City Council made a decision to lobby for a community block grant so a water district could be formed. He indicated most of the people are low to moderate income.  He noted some of the impacts from the city council would be that property values in the area will go down or be rendered worthless.  He commented that local schools in the area would have no water supply, causing a possible closure.  He indicated it is the only water source for many of the homes there due to the proximity of sanitation disposal and the size of some of the lots.  He said it would be impossible for them to drill a well.  He asked if this could be a priority for the County to take a lead in the planning of the development of the water supply system.  He stated that any assistance given would be greatly appreciated.


John Kirk, stated he represents the Row River Valley Water Association that had just been formed toward creating a water district.  He indicated he is the owner of the only store in the area.  He noted the number of water meters (that the City of Cottage Grove had stated would be cut off at 110 meters) is more because it affects over 150 homes, as there are cases where one meter services several dwellings.  He commented it is a growing community and it has been hampered by economic hardship.  He said the Dorena Grade School and the middle school would be affected and possibly forced to close, taking the children from an elementary school and bussing them 15 miles into Cottage Grove.  He said he would be forced to close his store as they would not be able to dig a well.  He said they are in the process of trying to form a water district and build the necessary plants and infrastructure to continue to deliver water to the community.  He asked for help for the community block grant to build the plant to make the infrastructure changes that are necessary to get the district formed and to continue to get water service in the area.


Chane Strickland, Cottage Grove, said there are low-income people in the area that can’t do anything for their water.


Kathleen Istudor, Culp Creek, said she was asked to speak on behalf of the Row River Valley Water Association.  She indicated it is a committee of over 180 concerned citizens that was formed after the City of Cottage Grove announced they would cut water to their valley.  She said it is their goal to establish a water district to provide water to the Row River Valley.  She said the 110 meters that would be abandoned represents more families than 110. She said there are single water meters that serve as many as 48 families.  She commented that the loss of water is a terrible thing to happen in their community.  She said there will be economic hardship and students will have to be bused.  She said they want to establish their own water district to eliminate any possibility of hindering Cottage Grove.  She asked the Board for a Rural Community Block Grant to assist them.


Sergeant Dan Buckwald, Sheriff’s Office, said he supervises the Defendant Offender Management Center at the Richard Sherman Center.  He explained at the center they are now taking low risk offenders who have not completed their sentence but are attending an education program.  He said they started Phase 3 with the DOMC in mid-January and since that time to present, 53 students participated in the classroom.  He said they are looking to bring in computer cable and partnering with different organizations in the community. He said they are looking at evidence-based facts that show offenders with education are less likely to recidivate.


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


Thurston noted there is an order and he included two projects that could have been considered.  He indicated one program is the Warm Home Project, Regional Housing Rehabilitation Application.  He said when it is offered, they would be prepared to apply for those funds in the usual manner.  He added the second item is the Row River Project.  He said the project that didn’t get in is adult education for the Sheriff’s Office under Community Facilities.  He said it gives staff direction that as the projects materialize and the opportunity presents itself to apply for them, they would do so and not have to come back to take it up again with the Board until they receive the funds.


Green wanted to give staff the direction around Row River and the other two projects.  He said they have to make sure it happens.  He didn’t think they needed to come back in a work session.


MOTION: to give staff recommendation to accept the three projects and have the ability to review the projects as they come in.


Green MOVED, Sorenson SECONDED.


Wilson said with that direction, they would re-write the order to add the third project.


VOTE: 3-0.


b.  PUBLIC HEARING AND ORDER 06-5-3-8/In the Matter of Adopting the Public Works Five-Year Capital Improvement Program FY 06/07-FY 10/11.


Tom Stinchfield, Public Works, reported that this is the annual update of the Capital Improvement Program for FY 2007-2011 for Public Works.  He recalled they released a draft in January produced by staff and there was a public hearing in front of the Roads Advisory Committee on February 22, 2006.  (Record of meeting is in the packet).  He added the RAC met again on April 5 to consider a recommendation to the Board that they had made, listed in Exhibit A to the order adopting the program.


Stinchfield indicated that action could be taken today or deferred until May 17.  He said the budget is due to be adopted on June 21 so adoption on CIP on May 17 would work with budget adoption.


Stinchfield stated the dominant issue in dealing with the CIP this year is the budget: the balances between revenue and expenses in the Public Works Department and in the capital program.  He recalled that two years ago the program that was adopted was $107 million, last year it was reduced to $59 million and the proposal today is $47 million, with County expenditures at slightly under $40 million.  He said the challenge is money.  He noted the program the way it is presented assumes 100% re-authorization of the Secure Rural Schools and Community Self Determination Act and if that does not occur, the situation will be worse.


Stinchfield reported the County City Road Partnership Program at $2.5 million is shown in the FY 06/07 year only and is not shown in the last four years of the program, based on Board actions specifying those years by IGA.  He said the 06/07 year represents termination of the existing IGA agreements with the cities.  He added in the draft this year, staff had proposed to move the Delta Beltline interchange project that was previously funded at $8,200,000 for right of way from the funded list to a projects for development list.  He said it had been removed from funding status except for $1.1 million in the safety fund category to assist with Delta Beltline operations in some way to be defined later.  He indicated it could be used for a minor improvement like a traffic signal or other low cost item.  He added it could also be used as a match with ODOT or other sources.  He said the primary reason they did that was because the general construction category had continued to get smaller at $15.3 million, including only five general construction projects over the five-year period and does not have any construction project identified in the fifth year.


Green asked how long the money for the Delta Beltline had been in the CIP but never obligated.


Stinchfield responded that Lane County had some amount of funding shown in the CIP almost every year back into the mid-80’s.  He noted at various points they were offering a match to ODOT and in the early 90’s, they had a County match and funding approved in the STIP for a first phase on Beltline for around $20 million.  He added that during the project development process, ODOT reached a conclusion that the project couldn’t be advanced and the process was cancelled and sent back to the long-range plan for further study.  He noted the difficulties had been relating to meeting ODOT standards at the River Road interchange and Delta Highway.


Ollie Snowden, Public Works, recalled that in the mid to late 80’s, the Board of Commissioners offered to give ODOT $2.5 million to add a third westbound lane on the Willamette River crossing and nothing came of that.


Green asked what the sum of money it would take to fix the area.


Snowden responded that when ODOT originally began to study this in the late 80’s and early 90’s, there was a technical and citizen advisory committee.  He said at that time they were looking at $22 to 25 million.  He said that didn’t resolve all the issues.  He noted with the current cost of construction, he wouldn’t know how much the total would be.


Stinchfield explained that the $8 million that was programmed last year was intended to address the Delta Highway part but it did not deal with the Willamette River crossing.


Snowden added that project would do nothing for the northbound to westbound move.  He said it was to deal with safety and capacity issues on Delta Highway going over Beltline.  He noted that one of the projects in the future list in TransPlan is called the Division Avenue to Green Acres Bridge.  He said that wouldn’t be a total fix but it is a project the Board might want to consider looking at in more detail as a partial fix.


Stewart noted there was a Cash Creek Bridge portion of Marcola Road.  He asked if they could separate that piece out.


Stinchfield said the whole Marcola Road project is shown in the draft at $3.8 million.  He said they had been looking at the cost estimates and think it would be $4.3 million.  He noted as part of that update, they looked at the bridge itself, the realignment related to the bridge and other options.  He said if the project was scaled back to include the re-alignment and the bridge, they estimate it to be around $2.6 million.  He noted the bridge reconstruction itself at the existing location is about $500,000.  He said if they didn’t do the modernization and just overlaid the road, they estimated that to be around $800,000.  He said they either have to do the project or overlay the road within the next three years.


Stewart asked if Harvey Road could be moved forward to 06/07.


Snowden thought it would be hard to do that.  He said although it might be possible, it would be difficult to do.  He noted they were eliminating 10.5 FTE in the engineering division that are devoted to CIP projects and there might be a workload issue.


Commissioner Stewart opened the Public Hearing.


Ken Raymen, Springfield, thanked the Board.  He recalled that last year he came to the meeting with a map of a section of Laura Street, 3/10th of a mile that had no construction on it.  He said it was a dangerous part of the street.  He asked if something could be done.  He noted a month later, Mike Bennett and Mike Pattle from the County came out and walked the stretch and realized how dangerous it was.  He stated that two days ago they started putting the bike path and walkway in.  He didn’t think the $900,000 in the CIP for the project was necessary anymore.


Lyndell Wilken, Eugene, was interested in the completion of Hunsaker/Beaver connector that would link Santa Clara to the bike path that would lead to downtown.  She is a bike commuter and sees it as an opportunity to improve the safety of bicycle travel from other places in the city out to the Santa Clara area.


Jennifer Solomon, Eugene City Councilor, urged the Board to weigh the partnership and priorities on the CIP.  She said as president of the Eugene City Council, she saw areas where the CIP would benefit from re-thinking. She commented that the City County Road Partnership Agreement had been a successful road partnership for more than 20 years and the agreement was to provide equity and efficiency in a time of urban transition.  She commented that it is more critical today than it was 20 years ago.  She said the founding principle of the agreement was partnership.  She said the OITA III pass-through money is set to expire in 2007.  She said their share of funds had preserved many lane miles of arterial and collector streets that are used by thousands of Lane County residents every day.  She hoped the Board would continue the partnership past 2007.  She commented that the Delta Beltline project is at a critical juncture.  She said there is potential from the state and the private sector to improve safety and relieve congestion at the interchange.  She urged the Board to participate as a full partner to help solve the significant regional transportation problem.


Mark Shrives, stated he is the City Administrator for the City of Creswell.  He said they have been working hard to coordinate the Harvey Road project.  He said the County’s installation of a crosswalk and school zone signage had already had a positive impact on safety. He stated the completion of the Harvey Road would complete the needed safety enhancements on what had evolved from a rural road to a road that will be a transportation connector in and out of the City of Creswell.  He asked if it was possible to move the project up.  He wanted to tie the Harvey Road project with all of the construction that is going on by the developers.


John Brown, Eugene, said he was concerned about Delta Beltline.  He said whether or not there is a hospital or a Wal-Mart super center, they have a problem without any more development.  He thought the needs are real at the intersection.  He commented that it is one of the worst intersections in the County as far as safety.  He hoped the Board would reconsider the allocation back into the CIP.  He thought doing nothing at Delta Beltline was shortsighted.


Mike Clark, Eugene, urged the Board to restore the $7 million to the CIP to Delta Beltline.  He thought it was the wrong time to move the money.  He believed the hospital had a chance of succeeding at the location and they offered $5 million toward a solution at the intersection.  He thought with the hospital’s $5 million, the County’s $8 million and with the cooperation of the city, they would have enough money to begin the process to show ODOT that in good faith they are willing to do something at a local level that might let them participate as a good partner.  He suggested leaving it in the 08/09 year would be good as they are waiting for the ODOT study to come back with specifics on what projects could be done.


Green asked if Clark contacted the city’s Public Work’s Department to determine what level of funding they have dedicated to the area.


Clark said he hadn’t.


Green said he was at the meeting where McKenzie Willamette stated they would put in the $5 million.  He stated he didn’t hear the level of funding that would be commensurate with the problem that would be increased by siting the hospital there.  He asked how much of the $5 million of the hospital would really go to solving the problem.


Clark suggested they all work together to find the right solution. He thought ODOT would do the right thing to create a solution at the intersection.


Green wanted information on whether or not the city was going to put up any money to help with that area.


Terry Connelly, Eugene, thanked the County for the previous contributions of the OTIA III money.  He said that money had been helpful to the City of Eugene in helping with the backlog and funding street maintenance.  He hoped the Board would reconsider the decision with the County City Road Partnership and continue the partnership with all of the cities in Lane County.  He also helped the Delta Beltline situation could be reconsidered.


Jim Welsh, Eugene, wanted to see reconsideration for the County City Road Partnership.  He commented that outside of peak hours, the Delta Beltline has a tremendous amount of traffic.  He thought it was a regional consideration.  He said to take this off the list is disappointing.  He asked for reconsideration.


Green said the County is a willing partner.  He said they could keep the money but it would be sitting there until ODOT decides to use it.


Kent Hunt, Union Pacific, Corona, California.  He reported that for the past six months he was a general superintendent for Union Pacific in Portland.  He said there is a project about a passing track with the Union Pacific railroad.  He said they see it as an opportunity in Oregon.  He believed that passenger service would increase in the state.  He noted the direct competition is freight.  He said whatever they could do to push the project through would help Amtrak, the passengers and the state of Oregon.


Mark Reed, Eugene, addressed the problem of trying to bicycle from the Santa Clara area to points south because of the Beltline River Road intersection.  He said he bikes daily from Santa Clara to the university and getting across Beltline is the biggest obstacle.  He commented that it is a biker’s nightmare.  He said all the money spent on bicycles would relieve traffic and he urged the Board to fund the Hunsaker/Beaver connector.


Debbie Jeffries, Eugene, was in favor of reinstating the funding for the Delta Beltline CIP.  She commented that $8 million was a large amount to suddenly be removed.  She said it sends a message to ODOT that the County is not interested in participating.  She commented that Hunsaker is a River Road Beltline bypass.  She said it would cause the same problem.  She thinks everyone needs to meet to come up with a solution.


Ron Petiti, Creswell, was in support of the Harvey Road improvements for 07/08.  He commented that it was a critical project for Creswell.  He was concerned about the safety issues at school.


Rick Ingham, City of Veneta, thanked the County staff for the Bolton Hill project.  He noted it had been on the CIP for many years.  He said it is a project that is important for the ongoing development within the city of Veneta.  He said once those improvements are done, it would open up the southwest corner of Veneta for what they hope will be high development homes.  He added that section of the road runs along the largest youth sports complex in mid-Lane County.  He said the project addresses many problems for them.  He indicated they had offered to take jurisdictional ownership of the road once improvements are done and they have offered a match to express their desire to see the project move forward.


Roy Orr, McKenzie Willamette, stated that McKenzie Willamette Medical Center has a contract to purchase 42 acres of what is now the River Ridge Golf Complex for the purpose of developing a regional medical center.  He said they would build a 148 bed full-service hospital with expansion space for the addition of another 50 beds over the next decade.  He said they recently completed an impact analysis to quantify the additional traffic that their hospital development might bring to the area.  He said their analysis revealed that it would only add about 4% more trips to the surrounding roads.  He said they could partner with Lane County, the City of Eugene and ODOT to improve the transportation in the area to function better than it has in many years.  He said if approved by the jurisdictions, the transportation improvements that they are prepared to fund could be in place by the time the new McKenzie Willamette Medical Center opens on the north end of Delta Highway.  He said if the County, state and city prepare a different approach for solving the transportation challenges in North Eugene, McKenzie Willamette welcomes the opportunity to continue the dialogue.  He asked the Board to retain the full $8.2 million in funding they previously earmarked in the CIP for improvements to Delta Beltline.  He said that McKenzie Willamette would like to partner with Lane County as well as ODOT and the City of Eugene to implement the improvements at Delta and Beltline that will benefit not just the hospital visitor and patients, but the entire region.  He said this part of the regional transportation system needs improvement.


Green said he was at the meeting where Orr shared the impact study with the Cal Young neighbors.  He asked if McKenzie’s portion of the impact was only four percent.  He noted that was taken during a 16-hour day on one day by his traffic study engineer, Chris Clemow.  He asked what it said about the other 96% and where that traffic was generated.


Orr said there was information in the document about existing traffic and its sources.  He said there are assumptions agreed upon by all three agencies in terms of how long their study should have taken place, the date, the times and assumptions built in about background on population, business and traffic growth.  He said they would eliminate two dangerous weaves onto Delta Highway in their proposed mitigations.  He said they also proposed ramp metering to calm the traffic.


Green hoped that once the review takes place that McKenzie Willamette would be in a position to allocate more than $5 million because Orr wasn’t just concerned about the hospital’s portion, but getting a solution for the entire area.  He thought that it would be expensive to put the piece together.


Sandra Belson, City Planner, Junction City, stated that the city was happy with the recommendations that were put forth in the CIP.  She encouraged the Board to include the High Pass Road project within the CIP.  She said it was critical that it remains in place as it is an opportunity to take advantage of the city’s plan to extend their sanitary sewer to the Willamette River.  She said they could benefit with cost savings through the partnership.  She said it was critical that that piece is in the CIP on the County’s part so they could coordinate with the city project.  She added the other project they recommended was for Prairie Road.  She said for that the city is assuming jurisdiction for the street.  She said they have a commitment from the developer to contribute cash and SDC’s.  She said all they were asking for on that project is for County staff to do the engineering for the design to ensure the system will work with the rest of the County system.  She indicated it would benefit County residents on both sides of Prairie Road who are not yet within the city and the partnership will take on the majority of the cost through the actual construction.  She commented that transportation is a key factor for industrial development in bringing more jobs to the region.


Jane Lee, ODOT, said they were concerned about pulling the money out of the CIP.  She believed the money was like a savings account where they are starting to build money from various sources to do the right thing at the Delta Beltline interchange.  She thought they could explore options locally that could be done to take pressure off the interchange while they go forward with their work.  She said they want to be partners and want to fix the problem.


Green asked what the status was of the funding associated with the study.


Lee responded they have the Delta Beltline study in the 10/11 STIP process.  She said they have other projects they are working on.  She indicated they were extending their corridor from I-5 to Delta Beltline and the 10/11 gets them to the project.


Green asked what kind of fixes they could do prior to 10/11 that would address the immediate concern that would meet their standards.  He thought that was more important than having a savings account.


Lee thought the Division Street Bridge was a viable concept.


Tom Boyatt, ODOT, stated it is more important to state what they can’t do, but they don’t know what is left that they can do.  He said they hadn’t explored the possibilities.  He said they came in at a specific project concept level.  He thought there might be opportunities with the County and private development and city and state resources to make improvements of the state system that would enhance the ability of Beltline to function between Coburg Road and River Road.  He commented that once they clear the river, it seems to work well.  He didn’t know what the project fix is.  He said the research says that other projects wouldn’t work.  He said they hadn’t looked at options that could work.


Green was uncomfortable being told they couldn’t do things because of the state’s policies and standards.


Boyatt said they could look at staging and improvements that are not on the state system that would enhance state system operation and the trip making locally.  He said the problem is there and they have a long-term strategy and a phased series of minor improvements to get there.  He thought they could do it as a single process over time or in tandem.


Green said he hadn’t heard that the state was willing to get a solution to the problem.  He indicated the County’s staff had stated things they were willing to do.


Lee thought everyone was bringing some money to the table.  She commented when one party backs its money out, she gets anxious when there is no plan to replace it in a couple of years.  She said she would be happy to participate in a meeting to figure out the right thing to do.  She added there are ASHTOS standards they have to follow.


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


Green noted they had a comment in the morning about Crossly Lane near Fir Butte.  He asked what the status of the road was.


Stinchfield was involved with an e-mail exchange with the County’s surveyor’s office at the request of their construction people.  He noted that Crossly Lane is a County road off Fir Butte near Creswell and the County is overlaying the road.  He said it generated the question from the residents at the end of the road.  He said the County Surveyor’s Office indicated that the existing County road is .354 miles long and it matches with the end County maintenance sign that is out there.  He said the road was extended in 1979 a few hundred feet and that was accepted as a public right of way and a local access road, but not for County maintenance. He indicated they know where the County road and the local access road are.  He stated there was a time pressure because the overlay would be done in the next few weeks.


Sorenson asked if they could roll this to May 17 when Dwyer and Morrison could be present.


Snowden said they were okay with rolling it but they had a number of suggestions on resetting the priorities.  He asked what information the Board wanted from staff between now and May 17 that would help with the decision on priority setting.


Sorenson asked what the downside would be to putting the $8 million in.


Snowden said when they have a Budget Committee meeting next Tuesday night; he is going to spend more time explaining the structural deficit they are facing in the road fund.  He said if they look to 2002 at the beginning of Secure Rural Schools and compare it with where they are in 2006, their new revenue flow in the road fund increased about four percent.  He said the operating budget that is being proposed to the Board and the Budget Committee for FY 2006/2007, is 40% higher than the FY 2002 budget.  He said they have a structural deficit.  He said they forecasted that even with 100% reauthorization of Secure Rural Schools, they could not continue to provide the same level of service that they had been providing in the past.  He added when the Board adopted the Strategic Plan, they set priorities on how they want to use road fund money when the money gets tight.  He recalled the highest priority was maintenance and preservation of the County road system and modernization and revenue sharing with other agencies.  He said the CIP follows those priorities.  He indicated they cut out revenue sharing with the cities, they scaled back the capital program and the modernization program to fit what they think the cash flow will support in the coming years.  He noted in the year 2010/2011, there are no modernization projects proposed in the CIP.  He said if they want to refund the $8 million that was earmarked for Delta Beltline, their request to the Board is what does the Board want them not to do on other projects.


Green requested Snowden secure a commitment from the people at ODOT in bringing problem solvers to the table and come up with a meaningful way to address the problem or ODOT would need to come up with a way to replace the funding on the interchange.  He said the County’s dilemma is that they have limited funds.  He asked if Snowden could contact Jane Lee and others at the state and get a commitment for a meeting as soon as possible.


Snowden said he would do that.


Stewart also wanted to include Marcola Phase 3, scaling it back to what was necessary for the overlay and bridge repair.


Green agreed with the High Pass Road recommendation about not expanding the scope of the project.  He also agreed with County engineering along Prairie Road.


MOTION: to keep the record open to May 16 at 5:00 p.m. and to take the matter up on May 17 for a vote.


Green MOVED, Sorenson SECONDED.


VOTE: 3-0.


c.  PUBLIC HEARING AND ORDER 06-5-3-9/In the Matter of Adopting a Priority List for Connect Oregon Application in Lane County.


Stinchfield recalled this item had been before the Board.  He said they had a work session on October 19 for the Connect Oregon Program.  He noted that MPC considered the metro area projects on the proposed list on April 13 and made a recommendation.  He said they ranked the Eugene Air Cargo project first, the LTD project second and the Eugene Depot project third.  He said they made generalized comments in the support of improvement to siting at the main freight yard in Eugene and at the Eugene Depot.  He said there are three other requests from outside of the metro area.  He said Central Oregon Pacific Railroad has a multi-region request that involves a track yard in Winchester and track improvements in Region 3.  He noted in Region 2, their request involves $1.4 million of track repairs on the CORP lines that are in Lane County.


Stinchfield indicated another project is the Port of Siuslaw project that involves a dock repair and enhancement and replacement of a hoist.  He said it is a facility that moves commercial fish products from the boats to trucks.  He added a third project outside of the metro area is the Creswell Airport that is a fire suppression project that would lift the moratorium on development at the Creswell Airport.


Stinchfield reported the process going forward for the Region 2 all area group to convene on May 16 is to consider a Region 2 list and Region 2 priorities that would go forward onto the statewide process.  He said there are two lists proposed.  He noted the supplemental materials contain Exhibit A and all the analysis and Exhibit A contains the priority list for Region 2 funds and a statewide list that has three of the projects.


Stinchfield explained that the way the process works, the legislature allocated $15 million to each of the five ODOT regions that totaled $75 million.  He added $25 million would be available for a statewide competition that will occur outside the region structure.  He indicated that Lane County went through a process of ranking.  He said they had to ensure that all of the projects met all of the criteria.  He concluded they did that.  He added they ranked the projects based on a point scheme.  He noted the point scheme is not precise and the Board might have to make some judgments on the projects.  He indicated they have the Eugene air cargo project at $4.1 million as the top priority for the Region 2 list, followed by the Port of Siuslaw and CORP railroad.  He said that LTD was ranked fourth overall but ranked as number two in the metro rankings.


Stinchfield noted on the statewide list they ranked the Union Pacific Rail yard as most viable to compete with statewide funds because of its position on the main line and the air cargo and CORP lines have some chance of statewide funding.  He noted a challenge for the Region 2 group would be how to allocate $15 million among the four areas.  He said that some of the Lane County projects would use one-third of the money by themselves.  He asked the applicants to tell them whether any phasing ideas were on the table to help address the problem and whether they thought they were viable in the statewide competition.  He noted the only applicant that responded that their project was definitely phaseable was the CORP main line project.  He added the Port of Siuslaw had indicated that their project had been phased and scaled down as far as it could be done.  He stated that Union Pacific also stated they started with a $15 million project and had scaled it back.


Stinchfield indicated the Board had to take action today.  The all area meeting will take place on May 16 at 10:00 a.m. and the region had requested input on these priorities by May 5 so they could produce a straw proposal to send out to the people attending the region meeting.


Commissioner Stewart opened the Public Hearing.


Bob Noble, Eugene Airport, stated he was advocating for a project in the amount of $4.1 million improving the air cargo facilities at the airport.  He said there are three primary components to aviation:  commercial air service, general aviation and air cargo.  He said with the construction of the air traffic control tower in 1985, the terminal in 1990, parallel runway in 2005 and expansion of the runway in 1993, they had addressed commercial air service and general aviation.  He wanted to look at modernizing the air freight facilities.  He said the application speaks to the criteria that the state had advanced for the applicants on why this is an important economic development project with impact and jobs.  He believed it would create temporary jobs during construction and permanent long-term employment and added value to the community in the ability to conduct commerce for local business.  He believed they could begin the project in spring 2007.  He said they had done work on the project and hoped to complete it by the end of 2007.  He said the air cargo project has local support and has received high marks including the review by the State Aviation Board that ranked it as their number one priority for Region 2.  He asked the Board to accept the staff’s proposed board order with the current ranking and asks that whoever the Board’s representative is that they make a strong commitment for their local project.


Dan Egan, Springfield Chamber, spoke on the LTD MX project. He hoped the project could be moved up in priority.  He said they endorse the project as a business community in Springfield.  He noted they have 725 business members and they represent 40,000 employees.  He said of those there is a large number in the Gateway area.  He said there would be 10,000 new jobs being created in the Gateway area.  He noted this is a connection that doesn’t just connect with Downtown Springfield to the Gateway area, but connects between Downtown Eugene with Downtown Springfield.  He thought the project should be moved up.  He commented that the Intersection of I-5 and Beltline is one of the fastest growing in the state.  He thought there could be a potential to add another 10,000 jobs in the next seven years.  He commented a big challenge is transportation and if they want job creation, they need to solve that problem.  He said the MX system ensures that job creation and good jobs continue to happen in the Gateway area.  He hoped the Board would move the MX system up on the list.


Jerry Gaydos, Eugene, represented LTD.  He concurred with Egan to move the LTD MX system up.  He believed this should be scored higher.  He said they estimate 214 construction jobs and 401 indirect jobs related to construction.  Over 20 years of operating the project equals about 1,425 jobs.  He said the businesses in the area believe a savings will occur and national analysis estimates a savings of $57 million for highway users for the anticipated investment of Pioneer Parkway and MX.  He said this project scored high with the Public Transportation Advisory Committee ranking and has the interest of the ODOT staff in the State Transportation Commission.  He didn’t want to see it drop off the Lane County list.  He thought it was important to advance these projects at the regional level.


Terry Connelly, Eugene Chamber of Commerce, asked the Board for their support of the Eugene Airport cargo project.  He said the chamber has been a strong partner with the airport.  He said they had enhanced commercial air service.  He said any opportunity to expand cargo service to and from Eugene is critically important and it should rate a high priority for the region.


Mike Shrives, City Administrator for Creswell, commented that when the City of Creswell saw the grant opportunity, it was one of the few they thought they might be competitive for.  He noted the Creswell Airport is an enterprise fund and it has to make it on its own.  He recalled that they have a building moratorium on any building at the airport because of a fire suppression issue.  He noted once they work on the fire suppression issue, they would be able to lift the moratorium.


Cynthia Pappas, City of Springfield, explained that the City of Springfield is a co-applicant with LTD on the Pioneer Parkway MX application.  She thought this, with other transportation projects planned in the Gateway area, are critical to addressing transportation needs for the regional economy.  She believed it would facilitate employment growth in an area that has become traffic restricted.  She commented that the Pioneer Parkway corridor is important to many businesses in the area for delivery of freight and employee commutes.  She noted that Pioneer Parkway MX would connect the Gateway area with Downtown Springfield and with Sacred Heart and the University of Oregon.  She added that it would provide a shuttle connection through the Gateway area so people could take MX to their jobs and do errands at lunch without having to drive a car.  She said they think this project merits being moved up the priority list.  She noted the project is $5.4 million and leverages almost $33 million.


Dan Olsen, Fire Chief South Lane County Fire and Rescue, Cottage Grove, said their agency provides fire protection in South Lane County to an area of about 160 square miles.  He supported the request for Connect Oregon funding for fire protection and water system at the Creswell Hobby Field.  He said they value the airport as an integral part of economic development and viability of the region.  He said the airport plays a vital role in the development of recreational, tourist and air cargo business and future economic development in South Lane County.  He said it also serves as a landing site for fixed wing aircraft providing emergency medical transport.  He said they are working at the airport to improve fire code compliance and fire protection and life safety at Hobby Field.  He commented that an on-site water system would greatly approve fire control operations and provide for needed water supply required for future construction.  He said without the project the airport is severely limited in being able to develop the potential that exists at Hobby Field Airport.  He requested the Board assign a higher priority for the project so it could move forward and receive funding.


Philip Farmington, Peace Health, recommended giving greater ranking and prioritization to the MX project.  He said in reducing transportation costs for Oregon businesses, they could put money into equipment and medical technology and support services that they don’t have to put into parking facilities.  He commented they now employ more people at the River Bend annex then Sony had when it operated before it closed.  He expected the area to grow.  He encouraged the Board to prioritize the MX project higher.


Shelly Humble, Creswell Airport Manager, Creswell, commented that the Connect Oregon Grant came about when they had been struggling with fire suppression at the airport.  She said it was vitally important for the airport to protect the aircraft at the airfield and allow them to continue to bring in businesses for Creswell and the surrounding areas.  She said they meet the criteria for the rules and regulations for Connect Oregon.  She noted their biggest issue is for safety.


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


Sorenson commented that the LTD MX project should be moved up.


Green indicated he would be going to the state with these projects.  He agreed the LTD project should be moved up for the regional piece.  He said he would move the CORP main line out of the slot as it would be a better project statewide.  He suggested moving that above the Eugene cargo on the bottom half of the statewide projects.  He suggested that the cargo remain number one and they move LTD up below the Port of Siuslaw docks.


MOTION: to have Eugene Air Cargo, Port of Siuslaw and the LTD MX as the projects for Connect Oregon.


Green MOVED, Sorenson SECONDED.


Stewart asked if they could move the Creswell Airport to number 4.


Green thought it would be a stretch for the Creswell Airport, but he would be willing to accept Stewart’s recommendation.


Stewart said because it was a smaller project, there might be a small amount of money left over that it could qualify for.


Green noted that the CORP should move up to number one on the statewide application.


Stinchfield recalled the projects were Eugene Air Cargo, Port of Siuslaw, and the LTD MX.  He added on the region list they stay the same: CORP, Union Pacific and Eugene depot.


VOTE:  3-0.


d.  PUBLIC HEARING AND ORDER 06-5-3-10/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-6207, Davies).


Howe reported that the applicant’s property is located just east of Cottage Grove Reservoir and is zoned F1.  He said it is 44 acres in size.  He noted the property was acquired in 1977 and at that time it was zoned FF 20.  He said the property owner is interested in dividing the property into two 20-acre parcels.  He noted one of them already had a dwelling on it and the other has a temporary hardship mobile home on it.  He indicated that they want to convert that to a permanent structure that would legalize the dwelling.  He noted that there wasn’t an appraisal.  He said the value was established by a statement from a realtor.  With regard to ownership, date of acquisition and the zoning that was in effect, he said the claim appears to be valid.


Commissioner Stewart opened the Public Hearing.


Daniel Stotter, Eugene, stated he was present on behalf of the applicant.  He indicated the county administrator did correctly find that the applicant qualifies under the Measure 37 criteria based on the evidence that was presented.  He recommended approval of the proposed order with a modification.  He explained that Walter and Marie Davies acquired the property in 1977 and their property was zoned FF20 which allowed a dwelling on the subject property.  He said all they want to do is to develop their own personal residence property.  He stated they were not seeking to divide the property, but to put up a single residence.  He noted that the applicant is requesting that this Measure 37 order specifically run with the land, and that the order apply to any successors and interest for the subject property.  He said this is the Davies’ only significant asset and they seek the ability to be able to sell their property at fair market value and in order to get fair market value that a lending institution would need clear long-term title.  He asked the Board approve the order with one modification to specifically indicate in the order that the order apply to any successors and interest for the subject property.


Van Vactor stated that one of the most significant ambiguities of Measure 37 is that the State Attorney General ruled that the right is personal and doesn’t pass to the next owner.  He said there was a question whether there is legal authority to include that sort of language.  He added that specific issue is in litigation in Crook and Jackson County.  He said at this point in time he didn’t recommend that they change the language to the order.


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


MOTION:  to approve ORDER 06-5-3-10.


Sorenson MOVED, Green SECONDED.


VOTE 3-0.


e.  PUBLIC HEARING AND ORDER 06-5-3-11/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-6613, Iverson).


Howe noted that this property is near Pleasant Hill and currently zoned E40 and is 95 acres in size.  He said it has one dwelling and the applicant acquired the property in 1976.  He said at that time it was zoned FF20 and they conveyed the property to a trust in 1991.  He said the trust is revocable and Vernon and Margaret Iverson are designated as the trustees.  He said they want to divide the property into 20 acres, which the zoning was when they acquired the land. He indicated the claim didn’t have an appraisal but they have provided a list of comparable sales.  He said the waiver for the application would be specifically to Vernon and Margaret Iverson as opposed to the trust.


Commissioner Stewart opened the Public Hearing.


Boyd Iverson, Eugene, asked for the Board’s approval of their request.  He said they had supplied all the information required to meet the requirements of Measure 37.  He said he did an appraisal on the property.  He said he is in real estate.  He said he took into effect the value and the development of four parcels versus two parcels and adjusted on a lost value based on that.  He noted for tax reasons, the property was put into his mother and father’s name.  He said his dad died four years ago and his mother is the sole beneficiary of the trust.  He asked if the loving trust would be the one dividing the property out.  He said the request would be for three additional home sites.  He asked if the trust had the ability to build on the property and sell the house to another individual.


Van Vactor said their interpretation of Ballot Measure 37 is that any time there is a “new owner” that it is taken at that point in time on what the zoning was.  He added if the order were modified to show that it is in the ownership of the trust, it would be the date the trust acquired it, not his mother.  He suggested having the board order revised in the name of Margaret Iverson.  He said that is a personal right for her to develop under Ballot Measure 37, not the trust.


Sorenson asked if the creation of a trust meets requirements of Measure 37.


Vorhes responded that it is a revocable trust and Margaret Iverson is a trustee.  He said that Margaret Iverson retains an ownership interest in the property and that had not changed.  He said the trust itself and anyone with an interest through the trust, would have to look at those as acquiring an interest in the property as the date the property was conveyed to the trust.


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


MOTION: to approve ORDER 06-5-3-11 with the change in the order to remove Mr. Iverson’s name.


Green MOVED, Sorenson SECONDED.


VOTE: 3-0.












ORDER 06-5-3-12 In the Matter of Allocating $5,000 from the Board of County Commissioners' Contingency Fund to the Public Works' Employees Activities Association on Behalf of Keegan McQuillan's Education.


MOTION: to approve ORDER 06-5-3-12.


Sorenson MOVED, Green SECONDED.


VOTE: 3-0.


There being no further business, Commissioner Stewart adjourned the meeting at 4:30 p.m.



Melissa Zimmer

Recording Secretary