February 7, 2007

1:30 p.m.

Commissioners' Conference Room

APPROVED 1/23/2008


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




a. PUBLIC HEARING AND FINAL ORDER 07-2-7-13/In the Matter of Surrender of Segments of County Road Numbers 615 (Butte Road), 1173 (Niblock Road), and 1088 (Harvey Road) to the City of Creswell (NBA & PM 1/7/07).


Bill Robinson, Land Management, explained that this is a request to transfer segments of County roads into the City of Creswell.  He indicated Creswell passed a resolution in November asking Lane County to proceed with this.  He said it is under ORS 373.270.  He added there was a road partnership passed and agreed to by order in May 2004.  He stated they did a posting and notice.  He indicated they received no comment in the surveyorís office other than support from the city.  He said the roads have been annexed by the city and this is the next step to surrender jurisdiction. He indicated it was recommended by the Director of Public Works that they proceed that way.  He noted that these are roads that have been in the County since 1908.


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


MOTION: to approve ORDER 07-2-7-13.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


b. SECOND READING AND PUBLIC HEARING Ordinance No. 1-07/In the Matter of Amending Chapters 10 and 16 of Lane Code to Revise Definitions and Provisions for Flood Hazard Reduction in the Floodplain Combining Zones (LC 10.271-15, 10.271-25, 10.271-27, 10.271-30, 10.271-35, 16.244) (NBA & PM 1/24/07).


Keir Miller, Land Management, explained that these are a series of amendments to the flood plain combining zone ordinance.  He noted the proposed amendments were first reviewed by the Planning Commission on April 4, 2006.  He said the Planning Commission requested a small change to explain criteria for conducting crawl spaces in the floodplain. He indicated that after the revision was made, the Planning Commission recommended approval of the amendments.  He said the First Reading took place on January 24 and last week staff noticed there were inadvertent omissions in the finalized ordinance.  He stated a supplemental memo was written and a new draft ordinance was sent out.  He noted that Legal Counsel and staff determined that by correcting the omissions, it would constitute a significant change to the ordinance.  He said staff requested taking testimony but postponing making a final decision on the amendments.


Miller said this is before the Board because Lane County is a participating member in the National Flood Insurance Program.  He said the agreement states that Lane County will adopt and enforce the Floodplain Ordinance in reducing flood risks in specially designated hazard areas.  He stated the federal government will make subsidized loans available in Lane County.  He indicated they have been participating in the program since 1970 and that 2,335 residences and businesses receive flood insurance.  He commented that Lane County has more people covered under flood insurance in Lane County than any other city or county in the state.  He indicated that FEMA periodically conducts an audit of their floodplain program.  He added that in 2003 they found some minor issues with the floodplain ordinance they wanted updated.  He stated as part of their agreement, they are required to keep the flood ordinance up to date and to be in compliance with U.S. standards of Title 44.  He added failure to do so could get them removed from the flood insurance program and if that were to happen, flood insurance would no longer be available.  He indicated there is $1.4 million in premiums paid by the 2,335 residences.  He said if they bring their code into compliance, they are able to enter into the community ratings system, and it awards communities if they are above and beyond the minimum standards of the flood insurance program. He added those communities are given premium discounts to flood policy holders.  He said that amounts to between $70,000 and $625,000 per year to be saved by policy  holders in Lane County.


Miller indicated that staff had done a preliminary review of the flood insurance program based on what they were doing without implementing any new regulations and it appears they could qualify to get into the community rating system.  He said they have to first bring the flood ordinance into compliance.


Commissioner Stewart opened the Public Hearing.  There being no signed up to speak, he closed the Public Hearing.


MOTION: to approve a Second Reading and Setting a Third Reading and  Public Hearing for Ordinance 1-07 on February 21, 2007, with the record being left open


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


c. FIRST READING AND PUBLIC HEARING Ordinance No. 2-07/In the Matter of Amending Chapter 4 of Lane Code to Add Provisions for a Lane County Public Safety Income Tax, to Adopt Administration and Collection Provisions, To Renumber Differential Tax Provisions, and to Set an Effective Date (LC 4.500 through 4.571) (Continued Public Hearing: February 13, 2007 at 6:30 p.m.; Second Reading and Public Hearing: February 21, 2007, 1:30 p.m.).


Wilson explained that the background of the ordinance is due to the probable loss of Secure Rural Schools.. She noted the Income Tax Ordinance for a First Reading and Public Hearing is today, a Second Reading and Public Hearing on  February 13 and a Third Reading and Public Hearing on February 21, 2007.  She discussed the options. (Copy in file).


Commissioner Stewart opened the Public Hearing.


Fran Curtis, Eugene, said she will be in favor of the tax to support prevention.  She hoped the Board was heading toward providing programs instead of finding funding for prevention so it will make sense.


Steve Allen Kenter stated he is a psychologist.  He said that Birth to Three prevents child abuse. He supported the measure as there are tax dollars for intervention.


Minalee Saks, Eugene, Director of Birth to Three, commented that it costs a lot less to offer programs that work in the early years.  She stated that Birth to Three was not put into the tax measure and asked that it be put in.  She asked for less than $100,000.


Cliff Kelly, Elmira, urged the Board to support funding for Extension Service on behalf of 4-H, as an effective preventative.  He indicated it is a volunteer program and it is a way of leveraging dollars. He added that a bulk of the programming is done by volunteers.  He didnít know if the income tax was the best way to fund the Extension Service.


Karen Choweninski, Coburg, commented that the safety issue was important.  She said she experienced a theft and whenever she called the Sheriff, they were not available.  She thought prevention buys more for the tax dollars instead of putting criminals in jail. She added that the Extension Service continues to meet the needs and citizens of Lane County.


Carolyn Ashton, Eugene, said she is an Extension Service employee.  She commented that the 4-H program is important and without it, she didnít know what the students would do.  She asked the Board to support Option 8.


Charlotte Riersgard, Eugene, Staff Chair, Extension Service. She stated the Extension Service has been providing service to Lane County since 1914.  She was in support of public safety and the continuation of the Extension Service in Option 8.  She reported that last year her staff and 900 volunteers made 40,000 educational contacts in the community with nutrition, 4-H youth development, family stability, gardening, small woodland management and food safety. She said they emphasize prevention and they partner with community agencies.  She noted for every dollar they receive from the County, they leverage $2.90 from federal and county sources.  She stated their goal is to continue to contribute to the long term health and safety of the community.  She said they support the Board.


Charles Biggs, Eugene, encouraged the Board to include Options 2 and 4 that would refer this to the voters.  He commented that if there is a tax it should be referred to the voters.  He heard the business tax portion will only go to residents and that would only defer costs for the services.  He thought the tax would be three percent on all residents.


Ken Tollenar, Eugene, stated his concern of that tax is that it expands the deductions in favor of private sector pensioners.  He said Option 6 and 7 impair the equity of the tax by shifting the burden of the tax to middle class wage earners.  He stated seniors as a class of people are better able to share the burden of the County income tax than those in the younger age brackets. He thought the County should find ways to apply the tax to PERS and federal pension income, not expand the deduction to the private sector retirees.  He thought the first step should be to seek repeal in this session of the legislature of ORS 238.445, exemption for PERS income .


Carolyn Walsh, Eugene,  commented that Lane County spent too much money on the public relations campaign. 


Joe Bauman, Veneta, stated that he wrote an op ed piece opposing the income tax in November. He supported the general idea but didnít like the way it was implemented.  He appreciated the Board taking the votersí ideas.  He thought the Board should enact the tax and take Option 1.


Barbara Olson, Pleasant Hill, stated she is a lifetime participant of 4-H and a parent of a 4-H participant. She was in favor of the Extension program. She commented that the kids in 4-H keeps stay out of trouble.  She stated they need to start looking for a permanent fix for stability.


Patty Driscoll, supported the Extension Service. She indicated there are over 250 volunteers in Lane County in the Master Gardener Program. She said they are teaching 47 citizens about noxious weeds so they can answer questions as they come through  the program


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


MOTION: to approve a First Reading and Setting at Second Reading and Continued Public Hearing for Ordinance No. 2-07 on February 13, 2007 at 6:30 p.m.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.














There being no one else signed up to speak, Commissioner Stewart adjourned the meeting at 4:10 p.m.



Melissa Zimmer

Recording Secretary