BOARD OF COMMISSIONERS'

REGULAR MEETING

April 18, 2007

9:00 a.m.

Commissioners Conference Room

APPROVED 9/3/2008

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

1. ADJUSTMENTS TO THE AGENDA

 

None.

 

2. PUBLIC COMMENTS

 

John Milandih, Oakridge, Chair of Hazeldell Fire District, wanted to see what the response was from the Board, in helping to build their High Prairie Station on Dead Mountain Road.  He said the review and permitting process require that they complete the road with a County estimate of $211,000.  He added their estimate was about $47,000.  He stated that either estimate was high for them to work with because they are a small district.  He recalled they have been in this process since 2006 and they wanted help to move on.  He said they didn’t want to do anything to the road because they think it is adequate.  He noted their proposal is to increase the travel surface from 15 feet to 16 feet and provide an unobstructed width of 20 feet of existing space based on the interpretation of the improvements specified in County code.  He noted that it  shows “may” and not “shall.” He said the code allows interpretation of “may.”  He asked the Board to accept the application of applying the County safety design standard that requires 20 feet unobstructed width, 16 foot travel surface and six inches of gravel. He noted the road currently has eight to nine inches of gravel and  has 20 feet of unobstructed passage.  He thought they would meet the safety code of the County thereby avoiding the high cost that is imposed by the conditions. He indicated if that is approved, they will require two years to complete the project because they don’t have the funds readily available.  He added if it is not approved, then it would take them four years to accomplish the work to their estimate that has not been approved by the County.

 

Jerry Shorey, Oakridge, Hazeldell Fire District, said this project was conceived two years ago to provide fire protection for people in an area that doesn’t have fast response time.  He said the amount of use on the road is limited and it will be impacted more by commercial projects than by their use.  He said the road use will be about two to three times per month.  He indicated that the biggest impact will come from development of the site itself.  He noted there are no system development costs for the road and there are no residences on the road.  He indicated it is primarily a forest road for hauling logs. He thought the road should be brought up to County standards through a user fee or through an agreement to maintain maintenance for the people.  He commented that if the district had to pay $210,000, it would kill the project.

 

Carole Grappo, Santa Clara, proposed a dedicated levy for the ballot in the fall to help fund Extension Services, Veteran’s Services and other safety net services that would be impacted.  She suggested having a dedicated levy for those items on a September ballot and anyone who falls within the federal poverty standards would not be subject to the levy. She added most of the services are tax deductible.  She indicated that the levy would be collected in November each  year.  She said it would be $3.12 to fund Extension Services per year per household.  She thought there were 200,000 businesses and households in the County.  She noted the second levy would be for Veterans Services, WIC, Meals on Wheels and other services.  She added that all the services funded would be $1.6 million. with a cost per household of $7.92.  She indicated the third levy is for Parks.  She suggested funding back money to Parks of $510,000 would be $2.55 per household and business per year. She said the money would only be dedicated for the services and would have a sunset clause.

 

Stewart explained that what the Board is proposing to the citizens does pay for those services and it stabilizes it for a longer period of time.  He noted they are paying 67 percent of the property taxes into the public safety system. He added that only seven percent of the property tax is to stabilize the current services they provide and pay for.  He said if the tax measure passes, they won’t see cuts in Veteran’s Services or other services, they would be paid for from the remainder of the property tax left in the general fund.  He added if it doesn’t pass, he can’t guarantee what would happen.

 

 

3. CONSENT CALENDAR

 

BEGINNING OF CONSENT CALENDAR * * * * * * * * * * * * * * *

 

A. Approval of Minutes:

March 21, 2007, Regular Meeting, 1:30 p.m.

October 25, 2006, Regular Meeting, 1:30 p.m.

March 21, 2007, Regular Meeting, 9:00 a.m.

 

B. County Administration

 

1) ORDER 07-4-18-1/In the Matter of Designating Anette Spickard, Lane County Assessor as the Tax Administrator for the Lane County Public Safety Income Tax, and Authorizing a Contract for Administrative Services.

 

END OF CONSENT CALENDAR * * * * * * * * * * * * * * * * * * *

 

MOTION: to approve the balance of the Consent Calendar.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

B.1)

 

Sorenson noted since it would cost $10,000 for the City of Portland to collect the tax, if there was any way for them to postpone the spending of the $10,000 to see if the voters approve the measure or if they have to send the money in now.

 

Van Vactor said the election is May 15.  He said Jim Gangle has been working on this and they could do the minimum necessary, but if it passes on May 15, have Lane County be in a position to implement the tax successfully on July 1.  He indicated that $10,000 is the minimum they need to spend to effectively and efficiently collect the tax.

 

MOTION: to ORDER 07-4-18-1.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

 

4. EMERGENCY BUSINESS

 

None.

 

5. COMMISSIONERS' REMONSTRANCE

 

Dwyer stated that his heart goes out to people who were impacted by the shooting in Virginia.  He commented that you can’t regulate insanity. 

 

Fleenor echoed Dwyer’s sentiments about the Virginia Tech shooting.  He recalled yesterday during the Measure 37 hearings there was discussion about the cost of processing Measure 37 claims.  He asked if the Board would be interested in having a work session on reviewing the actual costs.  He also wanted to discuss when people file a Measure 37 claim, they should be required to pay the processing charges up front and not have that deferred.

 

Sorenson said since 2004 they have had a halt in Land Management long range planning activities and all money has been diverted to handle Measure 37 claims.  He wanted to find out the data on what it is costing them to process the claims so their processing fee could fully capture what the effect is.  He also thought the post Measure 37 development claims need to pay their way and they have to get a better estimate of what the costs will be.

 

Dwyer thought the Demers claim was a test case.  He stated Measure 37 doesn’t say anything about being charged for exercising their rights.

 

Stewart was in favor of a work session.  He wanted to wait until after the budget and Measure 37 claims are completed.

 

 

6. COMMISSIONERS' BUSINESS

 

a. REPORT/Watershed Councils.

 

Todd Miller, gave a presentation on the Watershed Councils. (Copy in file).

 

 

b. REPORT/Legislative Leadership Tour of Southwestern Counties, April 21, 2007.

 

Tony Bieda, Intergovernmental Relations Manager, reported that this was in response to a request for a tour of Oregon counties that are most affected by the potential loss of Secure Rural Schools from legislature leadership Peter Courtney and Jeff Merkley.  He added it was an effort by AOC.  He discussed the proposed agenda for Saturday’s meeting.

 

Fleenor asked to deliver the introductory remarks.

 

Dwyer indicated that he couldn’t attend as he would be out of town.

 

7. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor indicated that he worked on the Animal Welfare Task Force.  He said they analyzed the work and thought the process would be helped if they could hire an independent facilitator to get the group moving.

 

Dwyer preferred to put this matter back on the agenda.

 

Sorenson wanted to appoint a short term group of people to help LCARA make a transition.  He didn’t want to spend $25,000 on a facilitator

 

Green indicated there is a low trust level for  people who are interested in this area with staff.  He said that Van Vactor and Suchart are overwhelmed with other issues.  He agreed not to spend $25,000.  He wanted to wait until after the budget session was over to deal with the matter.  He added that it might be moot.

 

Sorenson recommended having the seven task force members, the LCARA manager and the County Administrator present.   He didn’t know if having a facilitator could change things.  He envisioned this as being something that was short term.

 

 

b. ORDER 07-4-18-2/In the Matter of Awarding a Contract to Westech for the Manufacture of a New Treatment System for the Mapleton Water District Using CDBG Funds in the Amount Not to Exceed $253,790.

 

Mike McKenzie-Bahr, Economic Development, recalled that the County was awarded $750,000 for an economic development block grant in 2005 to update and replace the Mapleton water system.  He stated this is the contract for the actual construction of the new membrane facility.  He added there will also be a contract in the future for the actual installation.  He recalled they went through a competitive process and went with the low bidder.  He noted that amount was within the budget for this item.

 

MOTION: to approve ORDER 07-4-18-2.

 

Green MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

8. PUBLIC WORKS

 

a. ORDER 07-4-18-3/In the Matter of Amending Chapter 60 of Lane Manual to Revise Land Management Division County Surveyor’s Office Fees (LM 60.853 and 60.854), Effective July 1, 2007.

 

MOTION: to approve ORDER 07-4-18-3.

 

Dwyer MOVED, Green SECONDED.

 

Dwyer recalled that this item went through Finance and Audit.

 

VOTE: 5-0.

 

 

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1241/In the Matter of Amending the Rural Comprehensive Plan (RCP) and Veneta Comprehensive Plan Maps to Expand the Veneta Urban Growth Boundary to Include .36 Acre of Land; Redesignate That Land From a RCP Designation of ‘Forest’ to a Veneta Plan Designation of ‘Medium Density Residential’; Concurrently Rezone That Land From Lane Code (LC) Chapter 16 ‘F2 - Impacted Forest Lands’ to LC Chapter 10 ‘RR - Rural Residential’; and Adopting Savings and Severability Clauses. (File No: PA 06-7487; Applicant: City of Veneta) (Second Reading & Public Hearing: May 9, 2007).

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1241 for May 9, 2007 at 1:30 p.m.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

 

c. SIXTH READING AND DELIBERATION/Ordinance No. PA 1238/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise the “Significant Mineral and Aggregate Resources Inventory”; Metro Plan Redesignation from “Agriculture” to “Sand and Gravel”; Rezoning from “E30/Exclusive Farm Use Zone” to “SG/Sand, Gravel & Rock Products Zone”; to Allow Mining on 72.31 Acres of Land Pursuant to Lane Code 12.225 and 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (file no. PA 05-6151, Delta Property Co.) (NBA & PM 10/18/06, 11/1/06, 12/12/06, 2/14/07 & 3/14/07).

 

Stewart stated he met with Mayor Piercy.  She indicated the city council would continue to process the application. 

 

Kent Howe, Land Management, reported that with the City of Eugene, there isn’t an update from the last time he reported to the Board.  He indicated they would convene today to discuss the matter to take it further.  He noted the Eugene City Council took a straw vote, but they hadn’t actually taken formal action.  He added the status of their last meeting was when they reviewed the determination of significance, their straw vote was tied with the mayor breaking  the vote that it wasn’t a significant site.  He noted that they hadn’t adopted findings or pursued it further.

 

Stewart asked if they could deliberate on May 1.

 

Green concurred with scheduling deliberations on May 1. 

 

MOTION:  to approve a Sixth Reading and Setting a Seventh Reading and possible deliberation on May 1, 2007 at 1:30 p.m.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

Howe indicated that there have been three engineering firms proposed that were agreed upon by the applicant and opposition: Ch2m Hill, Foundation Engineering of Eugene and PSI, Inc. of Springfield.

 

d. REPORT/Land Management Manager Position.

 

Ollie Snowden, Public Works, discussed the Land Management Manager Position.  (Copy in file).  He asked Craig Starr to come back as interim manager, starting April 30.  Snowden hoped to have interviews in June.  He hoped they could make an offer to a replacement before the end of June.  He indicated that the Board was interested in looking at reorganization options.

 

Green didn’t think they needed to reorganize the department.  He wanted to know the benefits and the down side of doing it.  He wanted to hear about the unintended consequences that could happen as a result of it. 

 

Dwyer didn’t think they should do any reorganization now.  He thought there could be things that were out of their control if they don’t get reauthorization of Secure Rural Schools.

 

Snowden reported that seven years ago they had a $54 million fund balance in the road fund.  He recalled that the Board made a conscious choice that they wanted to draw the fund balance down.  He said the Board said it would be better to put the money in the community for variety of services.  He thought at the end of this fiscal year, they will come in with a fund balance of $32 or $34 million 

 

Sorenson said within the next two years they will go to $15 million and they will be out of money.

 

Snowden said they wouldn’t be out of money but they don’t have a replacement for the loss of Secure Rural Schools money. He noted that they have reduced the capital program and engineering positions.  He said they are ramping down without a replacement source from state or local funding. He indicated that Land Management is permit fee driven.

 

Sorenson asked if there were any opportunities for reorganization given the significant ramping down of funding in the road fund.

 

Snowden said they used to have engineering services including design and field services.  He said because they are eliminating the County funded capital projects, they are trying to refocus the engineering group from being purely a roads group to one that could provide engineering services for Waste Management Division. He added that they were discussing doing work for Lane Transit District that is BRT related.  He said they are doing design work for Junction City and they will pay for the project. He indicated they were looking for ways to transform the old engineering group that into a group that provides other engineering services to other public agencies.

 

Sorenson asked if they were going to continue to spend the road fund until the funding is gone.

 

Snowden preferred to make sequential cuts over time.  He indicated that there is union contract language that makes it difficult to do that in the 626 contract.  He stated the 626 language says that if there is a reduction or attrition in a road fund position because of money that goes to the inmate road crew in the Sheriff’s Office, the inmate road crew has to go away.  He said they will be coming to the Board with two budgets:  the doomsday with no Secure Rural Schools and Budget 3 that would continue to have engineering cuts but if he gets any 626 cuts, there is no inmate road crew.  He thought they would be looking at additional cuts next year.

 

Fleenor said he was committed to providing quality services at the least possible cost that  result in customer satisfaction.  He said at this point in time Land Management Division has not been providing him with that goal.  He commented that the rural commissioners have a large amount of involvement with Land Management on a daily basis.  He thought this could be a unique opportunity to re-evaluate the process.  He asked if they are not happy with what is happening why they are continuing to do the same thing.  He asked why they aren’t putting more money in procedures that will result in customer satisfaction.  He wanted to explore doing something different instead of doing the same thing.  He thought Waste Management and Land Management could be combined together for customer satisfaction.

 

Green said to get to good customer service, they have to determine the measurements.  He said if the customer isn’t satisfied, they have to ask why.  He said they have to look at trends.  He said to eliminate problems they have to revisit what they are doing.

 

Stewart agreed with the way they were going.  He wanted to be part of the interview process and he thought Fleenor should be on the  team.  Stewart’s biggest frustration with Land Management is timeliness.  He wanted to see an improved process with time.

 

e. REPORT/Hazeldell Fire Department.

 

Snowden reported that they required the fire districts improve the section of road leading to the proposed fire station as part of the partition approval.  He indicated that the condition of approval is for the road to be improved.  He noted the Hazeldell Fire Department sent a letter stating they couldn’t afford that and they were offering to pay $25,000 toward meeting the upgrade conditions. Snowden met with Arno Nelson, Road Maintenance Manager, and he thought if the County did the job, it would be close to the $50,000 estimate that came from Branch Engineering.  He said it was up to the Board on how to proceed.

 

Dwyer wanted options.

 

Snowden indicated that an option would be to help the fire district pay for some or all of the improvements.  He noted that it is road fund eligible.  He said if the Board believes in this project and the roadwork is in the public interest, they could pay for some or all of it.  He noted another option would be for the fire district to file a modified proposal that would convert the road to local access status in which case it wouldn’t be a County road anymore and it would have to meet County standards.

 

Dwyer said they agreed to maintain it at the County standards.  He asked if they could enter into an agreement to meet County standards and it would still be a public road.

 

Celia Barry, Public Works, said if they change it to local access road status it would involve a formal process to modify it.

 

Stewart indicated that there is a time line for them.  He supported Dwyer’s solution to use road funds to pay for it and to enter into a maintenance agreement that they will maintain the road.  He considers this to be a critical life safety service.

 

MOTION: for Lane County to enter into an agreement with Hazeldell, that they will provide the amount testified, the County would provide the balance, bring it up to County standards and they would sign a maintenance agreement that said they would maintain it as a public road for the portion they approve.

 

Dwyer MOVED, Green SECONDED.

 

Green supported the motion but he cautioned to move to a level where over time it could become a local access road even if there is a different process.

 

Fleenor requested an amendment that the project not exceed $60,000.

 

Dwyer was in agreement.

 

Green thought if it exceeded the estimated costs, to come back to the Board for another  deliberation.

 

Barry indicated there would be no fee to do a withdrawal from County road status.

 

Snowden said if they don’t do the chip seal portion for another two years, there would be an inflation factor.

 

Sorenson asked if the County could pay half with the district paying the other half.

 

Snowden said the proposal is the district pays $25,000 and the County would pick up the rest.

 

Fleenor wanted to put a cap of $50,000.

 

Vorhes explained that they had been working on a performance agreement to deal with the condition of approval.  He said this agreement could state what can be done now and what needs to be done later to get the conditions complied with in order to move forward on the partition as quickly as possible.

 

VOTE: 5-0.

 

9. CORRESPONDENCE TO THE BOARD

 

None.

 

10. COMMISSIONERS' ANNOUNCEMENTS

 

Fleenor announced that he will be in Junction City for his Coffee and Conversation tomorrow at the Rodeo Steakhouse.

 

Green stated he will be meeting with Senator Schrader about the co-chairs and the governor’s budget.

 

Dwyer announced there will be a Legislative Committee meeting tomorrow at 9: 15. a.m.  

 

 

11. EXECUTIVE SESSION as per ORS 192.660

 

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

 

13. OTHER BUSINESS

 

None.

 

There being no further business Commissioner Stewart recessed the meeting into Executive Session at 11:45 a.m.

 

Melissa Zimmer

Recording Secretary