BOARD OF COMMISSIONERS'

REGULAR MEETING

February 7, 2007

following HACSA

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 Nelson and Recording Secretary Melissa Zimmer were also present.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Dianne Birch, Florence, said she will be assisting West Lane County citizens.  She invited the constituency to the Florence Justice Center. She asked people to arrive between 8:30 a.m. and 9:00 p.m.  She commented that video conferencing is saving travel time and expense to the citizens.

Maurice Sanders, Florence stated that video conferencing is a way for government to be transparent.  He said it will allow residents to come to the meetings without really being there.  He thought this was the right thing to do.

John Dotson, Eugene, said in the past few months the Boundary Commission has annexed properties in the Santa Clara and River Road area.  He said the affected territories include properties with streets and rights-of-way.  He noted ORS 199.507 states that if the Boundary Commission by its final order approves a transfer of territory, the change shall take effect in a time specified but it will not be less than 45 days or not more than one year after the date the commission adopts the final order creating the change.  He said if no effective date is specified in the final order, the order will take affect 45 days after they approve the change.  He said it is standard procedure to expedite the process of the transfer of territory so owners and contractors could move forward with their projects.  He said the 45 days is a cut off completely and it overrides any IGA that might exist between the city and the county regarding turning streets over each year and it has already taken place.  He didn’t want county money spent on city streets.

3. EMERGENCY BUSINESS

ORDER 07-2-7-14 Approving the Submittal and, if Awarded, Acceptance of a Grant to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention in the Amount of $450,000 Over Three Years for a Family Drug Court Program.

MOTION:  to approve ORDER 07-2-7-14.

Sorenson MOVED, Dwyer SECONDED.

VOTE: 4-0 (Green out of room).

4. COMMISSIONERS' REMONSTRANCE

Dwyer stated the President put forth his budget, and he was sorry to see the natural resources as part of that budget.  He said if they don’t get the Secure Rural Schools money, Lane County won’t look like it does now.  He urged Congress to take the appropriation and the continuing resolution to have a stand-alone bill to have some certainty for the next ten years, until there is some program to allow them to start to restore harvesting the timber where they won’t need the resource.

Sorenson recalled a couple of weeks ago they heard 28 Measure 37 claims in one day.  He said today the agenda team scheduled hearings on 21 Measure 37 claims for next Tuesday.   He thought it was time for the Board of Commissioners to send a letter to the governor.

5. RESOLUTIONS

a. ORDER 07-2-7-1/In the Matter of Proclaiming January 30, 2007 Through April 4, 2007 a Season of Nonviolence.  

MOTION: to approve ORDER 07-2-7-1.

Sorenson MOVED, Dwyer SECONDED.

Sorenson read the resolution into the record.

VOTE: 5-0.

6. COMMISSIONERS' BUSINESS

Letter on Measure 37

MOTION: to send this letter to the governor and the Lane County legislative delegation.

Sorenson MOVED, Dwyer SECONDED.

VOTE: 5-0.

7. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1240/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Land Use Diagram for Property Within the Coburg-Crescent SubArea of the Willakenzie Area Refinement Plan, Amending the Corresponding Willakenzie Area Plan Land Use Diagrams, and Adopting Savings and Severability Clauses (City of Eugene, File No. PA 06-6742, Huntington Crossing) (Second Reading & Public Hearing: February 22, 2007, 5:30 p.m., Eugene City Hall).

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1240 on February 22, 2007 at 5:30 p.m.

Green MOVED, Dwyer SECONDED.

VOTE: 5-0.

b. DISCUSSION AND ACTION/Board Direction on Priorities of Land Management Division - Long-Range Planning Projects Through FY 2006-07 in Balance With the Mandate to Process Ballot Measure 37 Claims Within the 180-Day Timeline.

Kent Howe, Land Management, recalled that on October 4, 2006 they had a work session where they discussed the possibility of exploring cluster subdivisions as it relates to implementation of Measure 37 waivers.  He noted at that time they only had 122 claims affecting 9,000 acres and during the month of November, they had an additional 275 claims, for a total of 395 claims affecting 34,000 acres.  He said by law they have to process all of the claims by the end of May.  He said the Board asked him how many claims were a transfer within a family of the first 28 Measure 37 claims on January 23.  He said the Board requested he seek outside assistance to provide for that information.  He met with the specialist from a title company with an estimate.  He said they would be hiring a temporary part-time employee.  He said they will do the work where the research won’t have to be repeated during the full analysis of the claim.  He said this will help staff on the demand the Measure 37 claim process is placing on their resources.  He said they have had to add three additional FTE to meet the schedule necessary to complete the processing of the additional 275 claims by the end of May.  He stated it was affecting their long range planning work program.

Howe noted on page 3, (attachments a through f) are the claims they have been working on for the first half of the fiscal year and they are 95 per cent complete.    With regard to clustering, he said they could amend the policies so Measure 37 claimants could develop their property with cluster subdivisions.  He said they would focus their remaining long range planning capacity to complete the first six projects listed in a) through f).  He added that this option has no remaining capacity to address the last six projects.  He said in the event the Oregon Legislature acts to significantly reduce the impact of processing the Measure 37 claims, they could come back for direction.

Howe commented that it was hard to deal with the projects when they don’t have control of their work program.  He indicated that the remaining six items listed were in a priority fashion.  He noted the private airport planning rule was adopted before they entered into their periodic review.  He said it is about seven years out before it has to be addressed.  He said a constituent who has a small airport wants that planning effort to occur.  Howe indicated it is on the list but as low priority because they haven’t been able to get to it.  He noted they have three years of land use legislation that they have yet to codify in Lane Code.  He stated that in the event the legislature does something to free up staff because of not having to process Measure 37 claims, they could start to put effort in projects g) through l).

Green recommended completing projects a) through f) by July 1.  Measure 37 is the number one priority, then the list combined with Measure 37.  The remainder of the items to be put into a short and long list:  short list:  g) h) and i).  He said for the long list, k) and l).  The fuel break issue is on hold.  The rest of the projects would be completed as staffing allows and time permits.

Dwyer concurred.

Stewart would prioritize h)g)i). He said he would do h) first.

8. CONSENT CALENDAR

A. Approval of Minutes:

May 24, 2006, Regular Meeting, 9:00 a.m.

May 24, 2006, Regular Meeting, 1:30 p.m.

May 31, 2006, Regular Meeting, Following HACSA

June 14, 2006, Regular Meeting, 9:00 a.m.

January 10, 2007, Regular Meeting, 9:00 a.m.

January 16, 2007, Regular Meeting, 9:00 a.m.

B. Board of Commissioners

1) ORDER 07-2-7-2/In the Matter of Authorizing the West Lane County Commissioner's Florence District Office.

2) ORDER 07-2-7-3/In the Matter of Appointing a Member to Fill a Vacancy on the Finance and Audit Committee.

3) ORDER 07-2-7-4/In the Matter of Appointing a Member to Fill a Vacancy on the Economic Development Standing Committee.

C. County Administration

1) ORDER 07-2-7-5/In the Matter of Appointing One Member to the Public Safety Coordinating Council (PSCC).

D. Children and Families

1) ORDER 07-2-7-6/In the Matter of Approving the Submittal and, if Awarded, Acceptance of a Grant to the U.S. Department of Justice, Office on Violence Against Women in the Amount of $400,000 Over Three Years for Supervised Visitation and Safe Exchange of Children by and Between Parents in Cases Involving Domestic Violence.

E. Health and Human Services

1) ORDER 07-2-7-7/In the Matter of Approving Contracts with PeaceHealth Oregon Region in the Additional Amount of $384,026 and Safe, Inc. in the Additional Amount of $133,126 for Lanecare Provider Panel Mental Health Services for the Period January 1, 2007 Through December 31, 2007.

F. Public Works

1) ORDER 07-2-7-8/In the Matter of Accepting Deeds of Land to be Used As a Public Road Easement For River Road and High Pass Road (Also Known As 1^st Avenue) (County Road Nos. 283 and 2080) (15-04-32 & 16-04-05).

2) ORDER 07-2-7-9/In the Matter of In the Matter of the Alteration of the Portion of North Game Farm Road (Portions of County Roads No. 1043, 42, 209, and 975) From Coburg Road, Southeasterly, to the City Limits of Eugene, Located Within Sections 9, 15 and 16, Township 17 South, Range 3 West of the Willamette Meridian.

3) ORDER 07-2-7-10/In the Matter of Entering into a Reciprocal Striping Agreement with the Oregon Department of Transportation (ODOT) in the Not-to-Exceed Amount of $300,000 Per Year (Revenue) and $10,000 Per Year (Expense) for Three Years.

4) ORDER 07-2-7-11/In the Matter of Awarding a Contract to Bearcat Mfg., Inc., in the Amount of $199,965.00, for the Purchase of One (1), New Self-Propelled Chip Spreader, as Specified in Contract FY06/07 FS-07.

5) ORDER 07-2-7-12/In the Matter of Amending Order No. 06-8-23-8 to Clarify a Ballot Measure 37 Claim Decision to Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (Klemp/PA 06-4583).

MOTION: to approve the remainder of the Consent Calendar, with item 8. F. 1) pulled.

Green MOVED, Dwyer SECONDED.

VOTE: 5-0.

8. F.1)

Fleenor said he went to First Avenue, and stated Pioneer Cemetery would be affected by the expansion.  He added half the cemetery is going to be paved over and he had concerns. He said if they move the project forward, he wanted to know how they would mitigate the problem.

Wilson explained that this was an order accepting deeds to be used for a public road easement.  She added it doesn’t describe the plan for the improvement.  She asked if they wanted to hold up accepting the deeds pending Public Works coming back or to move forward with it, giving direction to staff to come back with a report.

Dwyer wanted to wait.

Sorenson asked to bring this back to the Board with someone from Public Works to explain the situation.  

9. COUNTY ADMINISTRATION

a. Announcements

None.

b. REPORT/Management Team Budget Planning (Non-Renewal of Secure Rural Schools).

Alicia Hays, Children and Families, reported back on the development of the budget that did not include Secure Rural Schools.  She indicated it was for the general fund portion only.  (Copy in file.)

10. COMMISSIONERS' ANNOUNCEMENTS

Fleenor announced that he was having his coffee and conversation in Veneta.

Green indicated that he sent Congressman DeFazio information about Secure Rural Schools.  Green and Fleenor were at the River Road Community Celebration.

Stewart announced that tomorrow Project Homeless Connect will take place at the Lane Events Center.  He reported that last week that the Boundary Commission  approved the Row River Water Association’s application to form a water district.

Wilson reported that the public hearing will be March 14 and if the citizens want to have the question of formation on the ballot, they would need to collect petitions for the May election. 

Dwyer announced the grand opening of the Save a Lot program on Main Street in Springfield.

11. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(d) for the purpose  of deliberations with property negotiators.

12. OTHER BUSINESS

Public Health Building

Dwyer explained this was for the possible facility for a public health building.  He indicated it was a number one goal of the Board of Commissioners.  He said they have an opportunity to purchase an existing building that is a quality building for half the price of its appraised value.

MOTION: to authorize David Suchart to move forward with due diligence to see what they can do to acquire the facility at the best interest of all the citizens and  report back to the Board.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 10:10 a.m.

Melissa Zimmer

Recording Secretary