November 21, 2006

9:00 a.m.

Commissionersí Conference Room

APPROVED 7/25/07


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



Morrison requested D1. be pulled from the Consent Calendar.




Cindy Land, Eugene, said the revenue on the fairgrounds issue seems to be the primary concern for the Fair Board and the commissioners.She said in looking at the actual costs versus the actual revenue that is being generated, not only are they not trading dollars, they would be losing money similar to the ice arena.She recalled the projects on the ice arena looked good like they should bring in money but in reality the ice rink is a deficit to the Lane County Fairgrounds.She requested the Board examine real numbers.She indicated the 4-H submitted information where they had projected $7,000 to take the 4-H Fair to the Oregon Horse Center, but was actually about $25,000.She asked the Board to deny the request for the YMCA proposal and if it is necessary, to bring it back at a later date.She wanted this to be protected as a rural Lane County asset so in the future if they want to move the fairgrounds, they have a source of funding by selling the property to put it into a more user friendly area.


Bill Kloos, Eugene, said he is working for the developer on the East Ridge project in Glenwood.He discussed item 7 a) and whether they should extend the period for county funding from the road fund.He indicated that $220,000 has been appropriated as a contribution toward the Glenwood extension project.He reported that it is a $1 million project and $800,000 is being paid by his client.He indicated the money hasnít been spent yet because the project has not gone forward.He noted the project is being done by the City of Eugene and ODOT.He commented that the project is critical to the community.He wanted to keep the County money in there.He said the policy question for the Board is should there be public money in this or should the publicís money be better spent somewhere else.He said there is a public interest for this project because of where it is located.


Curtis Irving, Eugene, stated he is the broker for East Ridge in the Glenwood area.He wanted to see the project going forward.He said without County funds, his client is paying it all and there would be benefit delivered to everyone, not just other developments. He said without the $220,000 it puts an added burden on a developer.He thought it was a great investment for the public.


John Maitlen, Junction City, said he is trying to resolve an issue in Glenada.He thought access issues to the 80 acres of Glenada property was part of the resolution as a solution of selling the property to the state.He found out that there is debate on whether that was part of the resolution. He talked to County Parks, Public Works, and Commissioner Morrison to try to find a way to resolve the problem.He stated that Bear Creek Lane is the only access to the landownerís property.He said the property has changed hands in the past couple of years and the current property owner said it was a permissive easement and could be rescinded at any time.He noted the land was platted in 1890 and there was no regard for the topography of the land.He said where Wilson and Viola Street are going east/west, the reality is the topography of the land would not support the roads. He said since then it had been modified. He thought there was a viable solution at minimal cost.He said because of the easement issue, none of the property owners could sell their property on the open market because a bank wouldnít loan on it.


Jim Welsh, Eugene Association of Realtors, supported the Judkins Point, South I-5 project.He said any improvements within any of the interchanges would be a plus.He hoped the delays would not take long.He hoped the Board would approve the request to go forward.


Terry Connolly, Eugene, asked the Board to consider CIP funding for Judkins Point and I-5 interchange.He said they see this as a big picture item. He thought it was good overall for the commerce of the region.


Ernest Nisser, Eugene, stated he came before the Board before to look into the case with the Sheriff but hadnít heard anything.


Dennis Knight, Oregon Department of Energy, asked for the Boardís support for the commercial deed of trust on the gas station and convenience store.








Stewart stated he was contacted by three Fair Board members who didnít share the same sentiments on the process as the chair.He believed the Fair Board was doing an excellent job.


Morrison said she gave the Fair Board specific direction to be creative and to think out of the box regarding their financial situation.She commented that they have come a long way from the deficits in 1999 to the present.She said they needed to be commended under the Boardís direction to make something happen.She thought the Fair Board has gone beyond what they have to with the hours they spend around the fairgrounds.


Green indicated that Angel Jones, City of Eugene, had submitted a letter that he wanted to discuss under Correspondence to the Board.


Dwyer stated his criticism to the fair was how he was treated with regard to having a conversation about the process.He said the Fair Board failed to follow their directive when they were asked to meet with vendors but didnít have those meetings.


With regard to the vendors, Morrison noted in the report the consultant submitted, it had the summary of all vendors who have been at the fairgrounds, their response and the dollars they had generated.


Stewart stated he didnít have a problem with the Fair Board to go out for an RFP.He questioned some of the comments that were made.








a. Announcements


Van Vactor reported that Management Team will meet next Monday to get ready for the December 4 Leadership Team Meeting.




a. ORDER 06-11-21-1/In the Matter of Denying a Request that the Board Authorize the County Administrator to Sign a Second Extension of an Intergovernmental Agreement with the City of Eugene Regarding $220,000 in Capital Improvement Program Funds for the Judkins Point South/ I-5 Interchange Project.


Ollie Snowden, Public Works, explained the Board programmed this money in 2004 after they deleted the Ridgeway Road Project from the CIP.He said the developerís representative came to the roads committee to ask for $220,000.He said the Roads Advisory Committee recommended it and the Board agreed to it.He added the County Administrator extended the agreement for one year.He didnít know if the Board wanted to extend it a second time.He asked if County money should be used to offset the developerís costs.He indicated the City of Eugene is taking a neutral position because there was no financial consequence to the City on this decision.He noted the City had an agreement with the developer and if the County takes the money back, the developer would be required to backfill the money, not the City.


Morrison wanted to know who was dragging their feet and why.


Snowden stated he didnít have the information Morrison wanted.


Morrison wasnít opposed to extend it.She wanted to make sure it would come to a conclusion and wouldn't be dealing with this same issue next year.She wanted to know who created the stop block.


Snowden stated it was the ODOT permits the developer and the City were waiting for.


Green asked if the Board were to act today, what project they have in their system that would go away if they allowed the $220,000.He asked what the unintended consequences would be.


Dwyer recalled that they designated the money for the Jasper light on 42nd.He said they are not building the light.


Snowden stated when they were discussing the Division Avenue Bridge, the direction to staff was to take the $3 to $5 million that could have gone to the Division Avenue Bridge but was set aside as a safety net in the event the Secure Rural Schools funding is not reauthorized.He said when staff puts together the CIP for next year, they will not be adding any more projects.He added they will revisit their cost estimates to make sure the cost estimates are up to date and if they need to add money to the existing cost estimates, they would take it from the money set aside.He said they have to review the Fin Plan and rework the numbers.


MOTION: to approve Option 2 of ORDER 06-11-21-1.


Stewart MOVED, Morrison SECONDED.


VOTE: 4-0.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 10-06/In the Matter of Amending Chapter 16 of Lane Code to Revise the Commercial Airport Safety Combining Zone to Reflect Updates Made to Mahlon Sweet Field (LC 16.245) (File No. PA 06-6070; Applicant: City of Eugene, Agent: Bob Noble, Airport Manager). Second Reading on December 6, 2007 at 1:30 p.m.


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance10-06, for December 6, 2007, 1:30 p.m.


Morrison MOVED, Stewart SECONDED.


VOTE: 4-0.


c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1239/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Forest" to "Nonresource" and Rezoning That Land From "F-2/ Impacted Forest LandsĒ to "RR5/Rural Residential", and Adopting Savings and Severability Clauses (File PA 05-6249; Carver) (Second Reading & Public Hearing: December 6, 2006, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1239.


Morrison MOVED, Stewart SECONDED.


VOTE: 4-0.




A. Approval of Minutes


B. Health and Human Services


1) ORDER 06-11-21-2/In the Matter of Approving an Intergovernmental Agreement in the Amount of $123,830 for the Period From July 1, 2006 Through June 30, 2008 With the Oregon Judicial Department in Support of the Domestic Violence Pretrial Monitoring Project.


C. Management Services


1) ORDER 06-11-21-3/In the Matter of Authorizing the Property Management Officer to Sign and Record an Affidavit Disclaiming Ownership of Real Property Erroneously Deeded to Lane County Identified as Assessor's Map16-04-35-43-14538.


D. Public Works


1) RDER 06-11-21-4/In the Matter of Authorizing Acquisition of Real Property Within the Exterior Boundaries of That Property Commonly Known as the Glenada Dunes Property.


2) ORDER 06-11-21-5/In the Matter of Awarding a Contract to Carter & Company, Inc., in the Amount of $1,430,832.50 for Grading, Structure and Paving Row River Road Bridge at MP 16.64, Contract 06/07-03.


3) ORDER 06-11-21-6/In the Matter of Authorizing Execution of a Letter Agreement With Union Pacific Railroad Concerning Long Tom Drive in Section 10, Township16 South, Range 5 West, Willamette Meridian.


MOTION: to approve the balance of the Consent Calendar with itemD1. pulled.


VOTE: 4-0.


D. 1)


Morrison had concerns about the vacation of all of the streets and how the access will work with all of the houses that are still there including Mr. Warwick. She thought Mr. Warwick was going to be given a life estate regarding the property where he currently resides.She said as of last Saturday Mr. Warwick was there.She said the access needed to be addressed.She indicated the cover memo discussed six parcels that the County would have to purchase. She asked if any of those properties had direct alignment.


Todd Winter, Parks, he said it was just on the natural resource section.


Morrison asked if they were going to address access issues.


Winter explained that the State Parks will allow by permit anyone who currently accesses the subject property to reach their private property in perpetuity.He said the access they are discussing is off the subject property.He added that he would contact every person to see if they use any portion of the subjection 80 acres because State Parks is committed to permit that use.


Snowden said it was his understanding that Land Management would expect a 40 foot private easement if they are going to serve the five properties from the Neveta parcel.


Stewart wanted to see them get the easement to the parcels as easy as possible.He said it appears Lane County owns a lot of the land.He thought for three or more homes they need a 20 foot wide running surface and if they could do it with a 30 foot wide easement, he would agree to bring it down to a minimum standard.


With regard to Warwickís life estate, Winter indicated it would not be extended to heirs or assignees.


MOTION: to approve ORDER 06-11-21-4.


Morrison MOVED, Stewart SECONDED.


VOTE: 4-0.


Snowden asked what staffís role would be in getting an easement.He asked if they should negotiate with Neveta or the property owner.


Stewart thought for the property Lane County owns, they determine where the easement needs to go. He didnít think they should get involved with private ownership.


There was consensus to do that.




a. ORDER 06-11-21-7/In the Matter of Authorizing the County Administrator to Execute an Acknowledgment and Consent Document with the Oregon Department of Energy Securing a Ground Lease Held by SeQuential Retail Station1, LLC


Jeff Turk, Management Services, reported that SeQuential has been trying to secure loans from state agencies.He recalled the County received the property through tax foreclosure.He indicated it was a former gas station on McVey Highway and there was petroleum contamination.He said the County secured a $200,000 grant from the EPA to effect the clean-up of the property.He added that they entered into a lease purchase agreement with SeQuential Biofuels.He said they are going to construct a fueling station using biofuels as one of their products.He noted the County also contracted with DEQ to effect the clean-up of the property.He indicated when they first entered into the agreement, it was their understanding that they were going to get a $50,000 loan from the Oregon Economic Community Development Department for clean-up.He said this would be the second loan from the Oregon Department of Energy that would go toward the actual construction costs to build the station.He noted the station is now open.He said they are hoping in February or March that things would be finalized with regard to the clean-up. He said they are doing a final monitoring of the wells because there was groundwater contamination.He said $170,000 of the $200,000 grant money was spent and whatever is left over is to cover the final stages of the grant..He thought in March or April the County would be done with the property and effect the transfer and Lane County would no longer be the owner of the property.


Van Vactor commented that when he drives by the station, it never seems busy.He thought there was a potential the station might not make it.He asked if under this arrangement the DEQ would take over if they default.


Turk indicated the DEQ would take over if SeQuential Biofuels defaulted.


MOTION: to approve ORDER 06-11-21-7.


Green MOVED, Stewart SECONDED.


VOTE: 4-0.


b. ORDER 06-11-21-8/In the Matter of Authorizing the County Administrator to Execute a Three Year Lease Extension Option with an Expense of $300,670 for the Riverstone Health Clinic Located at 1640 G Street, Springfield.


David Suchart, Management Services, indicated there were questions on why they would continue the lease on the property.He noted they are going through the process of programming for the public health building.He said an option they had looked at early in the process was the possibility that the whole project might be located in Springfield and the Riverstone Clinic would have been combined with it.He indicated in the last month they concluded that would not be the best option for the County and the Riverstone Clinic will remain in Springfield.He said the clinic as it exists does not meet the long range need for that type of clinic.††† He thought they should renew the lease in order to give them time to finish the process with the Riverstone Clinic.He said if they should find a location or be able to develop the process sooner, there is an option for them to get out of the lease.


Wilson indicated the lease stated if the lessee (Lane County) does not receive federal grant appropriation funds for the next fiscal year to continue payments, the lease may be terminated at the end of the last fiscal year for which the payments have been appropriated.She said lessee shall notify lessor of such determination of not later than 30 days before the end of the fiscal year.She added upon termination the lessee has no further obligation for payments.She stated there was nothing in the lease about relocation.


Dwyer wanted a termination provision put in the lease in case they build something or find a more suitable dwelling.


Turk said the way the lease is written they could renew by a letter from the County under the same terms and conditions.He added if they change things, they would have to go through a new negotiation.


Dwyer asked if they could have a lease for up to three years with an annual option.


Suchart said they could negotiate. He said the owner has been reasonable in dealing with issues they have had with the building.Suchart said the likelihood of their ability to get a building and complete it in a three year period is difficult.He added because of the number of repairs they had the owner make on the building, Suchart thought the owner might be difficult to work with.


Dwyer wanted the lease to be brought back.




Letter from Angel Jones


Green stated he received a letter from Angel Jones, Fair Board member.He agreed with everything she said.He said she plans to resign her seat on the Fair Board.




Green said he attended a Boy Scout meeting and gave a presentation on Lane County.He thought the AOC Conference was successful.He complimented the students from the Serbu Center.


Morrison also thought the AOC conference was well done.She complimented the Siuslaw Football team on their winning season.She wished everyone a Happy Thanksgiving.


Dwyer enjoyed the product tasting at AOC.


12. 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 10:20 a.m.




Melissa Zimmer

Recording Secretary