July 24, 2007

9:00 a.m.

Commissioners’ Conference Room

APPROVED 9/16/2007


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.




Under E, the board order numbers are not correct and some of the Measure 37 claim numbers are incorrect.




Kent Howe, Land Management, reported staff has conducted analysis of the pertinent Measure 37 requirements on the claims and summarized the information in the staff report.  He indicated the analysis addresses the requirements of ownership, date of acquisition, the current zoning, zoning regulations at the time of acquisition and some form of competent analysis of fair market value reduction resulting from the land use regulations that have been applied to the property since the current owner’s acquisition.  He added for those claims that did not provide an appraisal, the County Administrator had waived the appraisal requirement because they provided a competent analysis of value reduction.  He noted that as of May 22, all of the Measure 37 claims the County received has had their hearing.  He said it was announced at the prior hearings that this hearing would be held today.  He said the citizens would have an opportunity to comment on Babb and Van Duyn.  He recalled the record closed on June 29 for the other six claims that are scheduled for deliberations only.  He noted that Larsen and Shelly are recommended for denial.  He said if the Board concurs with the recommendation, the County Administrator would issue a letter to that effect for each claim.  He added the remaining claims appear valid as described in the staff reports and the County Administrator recommends the Board adopt the proposed order for those claims.  He noted two were tentatively approved and are on tomorrow’s Consent Calendar for Robinson and Warner.  He reported the Board is taking action on eight claims today.


1. PUBLIC HEARING AND ORDER 07-6-20-9/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 (PA06-7257, Babb).


Stewart asked if there were any ex parte contacts.


There were none.


Commissioner Stewart opened the Public Hearing.


Jim Spickerman, Eugene, stated he represented Ray Babb.  He agreed with the supplemental memorandum.


MOTION: to approve 07-6-20-9.




VOTE: 5-0.


2. PUBLIC HEARING AND ORDER 07-6-20-18/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 (PA06-7259, Van Duyn).


Jim Spickerman, Eugene, stated he represented Charles Van Duyn.  He agreed with staff’s recommendation.


MOTION: to approve ORDER 07-6-20-18.




VOTE: 5-0.


3. DELIBERATION AND ORDER 07-7-24-7/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 (PA05-6425, Bixler).


4. DELIBERATION AND ORDER 07-7-24-1/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 (PA06-7297, Brandt).


5. DELIBERATION/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 (PA06-7251, Larsen).  (DENIED)


6. DELIBERATION AND ORDER 07-7-24-2/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 (PA06-7333, Montgomery).


7. DELIBERATION AND ORDER 07-7-24-3/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 (PA06-7246, Petersdorf).


8. DELIBERATION/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 (PA06-7253, Shelley). (DENIED)


MOTION: to adopt staff recommendations for Bixler, Brandt, Montgomery and Petesrdorf.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


MOTION: to adopt staff recommendations to deny Larson and Shelley.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


Howe distributed a list (copy in file) of what the Board had done to date (except today’s claims).  He said they approved 326 claims and denied 38 claims.  He added there are 16 claims placed on hold.  He indicated most of those were claims placed on hold by the applicants because they wanted to wait to determine what the courts would do with the different Measure 37 issues.  He noted the Zippo Logs claim was requested to be placed on hold by the neighbors.  He added that Purcell and First Baptist were placed on hold because they involved an urban growth boundary.  He said all but Zippo Logs have the acquiescence of the applicant.  He commented that it is up to the claimant to exercise a request to have the Board address the Measure 37 claim again.


Fleenor asked what the legal ramifications would be if they kept claims on hold.


With regard to all but the last five claims, Stephen Vorhes, Assistant County Counsel, said the Board has discretion because the legislation in the past session extended the period of time for consideration. They added time to the original 180 days under the measure.   He thought the risk was low as all of the applicants said they were fine with waiting.


Green asked what the position of the applicant of Zippo Logs was.


Vorhes wasn’t aware the applicant wanted to move fast on this.  He noted there has been a referral to the voters on modifications to Measure 37 and pending the outcome, they might want to see if they want to do something.


Sorenson wanted a status report on December 4 as to all the claims there were put on hold.


Fleenor wanted a work session on the post Measure 37 waiver development process.


Howe said they could have a work session on the water quantity tests and the water quantity limit areas and the availability of water.


Green concurred that they needed a work session.  He suggested have a joint meeting with the Planning Commission to discuss processes.


Stewart wanted the water master present at the work session to discuss water.


Howe suggested waiting until after November 6 until the large number of subdivisions will come to fruition.  He stated they would have a general work session on implementing land use proposals under a Measure 37 waiver, discussing issues of public health and safety including water availability, transportation and sanitation.




Charlie Tibbet, Western Environmental Law Center, Eugene, sent the Board an e-mail concerning the conversation he had with Paul Logan who is providing legal advice for the Environmental Quality Commission concerning the County’s and Board of Health’s request of June 22 to ask the EQC to stop the field burning based upon its statutory authority.  He said that Logan informed him the Environmental Quality Commission was not scheduled to address this issue until August 15.  He said August 15 puts them about halfway through the field-burning season and based on that discussion, he sent an e-mail and a suggestion suggesting the County write a letter asking for faster action. He suggested the County write a letter to the Environmental Quality Commission asking for faster action.  He noted on July 10 there was a small field burn of 55 acres south of Harrisburg that hit the center, the western and north portions of Eugene.  He had discussions with LRAPA and the Dept of Agriculture on the 326 complaints they had that day from various parts of the city.  He interviewed a woman about her medical condition and the field burning.  He asked the Board to adopt the letter and send it to the Environmental Quality Commission.


Fleenor asked if they have had a dialogue with the grass seed burners and if they were asked to cease and desist.  He asked if they have a list of farmers who do the burning.


Tibbet indicated that he has a list of 144 field burners.


Fleenor thought they should send a letter to the burners asking them to stop their practices.  He wanted to work with the grass seed growers to ask them formally to cease and desist.


Tibbet thought they should write a letter to the Seed Council asking their members to stop burning.


MOTION: to send the letter to the Environmentally Quality Commission.


Sorenson MOVED, Dwyer SECONDED.


Sorenson wanted to engage the interested parties in a conversation.  He thought the Board of Commissioners could write a letter from Lane County to the people on the list, inviting them to a board meeting to participate in a conversation in a work session.  He wanted a letter from the County Administrator to Mr. Nelson and the Lane County residents that are running their farms.  He thought they had an opportunity to discuss the seriousness of the issues.


Stewart did not support the motion because of the scheduled Executive Session. He wanted to learn more about the process.  He said the EQC was asked to review this.  He received a letter from them stating they are in the process of reviewing this.  He did not think it would make a difference whether they would hear it August 15 or before. He indicated he had a meeting with the growers.  He thought they should have taken time to get the growers more involved as they had information that was contradicting to the information they received in public comment.  He was concerned about taking action before they discuss the matter in Executive Session.


Dwyer supported sending the letter. He thought it was in the interest of the public to let the EQC know how serious this is and by delaying any decision, they might be affecting  people’s health. 


Green had concerns about the litigation.  He said when their legal counsel starts to contract out, it costs additional money.  He commented that Lane County was being pushed into something they could not afford.  He said if the elected officials could not stop the burning, he did not know how a letter from the Lane County Board of Commissioners was going to stop it.


Wilson explained the path the Board was on to ask the EQC to exercise the authority they have and that the EQC is considering it a positive sign.  She said the significant purpose is to ask them to act quicker than they would in due course and she indicated that was a governmental decision.  She thought the Board could in good faith ask the EQC to exercise its authority in making an independent decision.


Sorenson thought they should send the letter as it shows urgency. 


Fleenor wanted to get the practice of burning stopped in an efficient manner without litigation.


Stewart stated they have processes for things.  He said it was unfortunate that the legislature was not able to move forward with processing laws on this.  He said they have experts testify that there are health issues.  He did not know why this was not processed through the agricultural committee.  He wanted to be part of a process where there are experts who make good decisions.  He did not think sending a letter would be productive.  He was concerned about the costs of litigation.


Sorenson wanted to acknowledge the point of view that field burning has been an established practice.  He indicated there are people in the grass seed industry who do not burn.  He wanted to have a meeting with grass seed farmers who used to burn and farmers who were at a competitive disadvantage and were squeezed out of the conversations.  He wanted to invite the grass seed farmers to come in and talk to the Board with a specific invitation for a time certain.


Tibbet indicated they would have a hard time getting the farmers who do not burn to speak out.  He indicated those farmers were told that they would be blacklisted.


Stewart commented that this was about priorities.  He said to him Public Safety was important.  He wished he saw as much enthusiasm in fixing the Public Safety system.  He said they have a direct effect in solving the problem.  He thought that was where they should be spending their efforts.  He said that the EQC’s job is to protect people’s health.  He said they testified at hearings and wrote letters but it was not working.  He thought the Board should focus on the problems in Lane County.


VOTE: 4-1 (Stewart dissenting).


Van Vactor indicated he would take the drafted letter and present it to the agenda team.


Green wanted to see a definite structure on how the invitation list is crafted and the process on how other people are heard.


Fleenor stated that he had not been contacted by any grass seed grower who burns or who does not burn.  He indicated he was contacted by individuals in Junction City, Veneta, Cheshire and Florence who are in favor of agriculture.  He commented there are concerns about them overstepping their authority.  He believed this was a public health matter but they had to be sensitive to the role that agriculture plays in Oregon.  He added the people contacting him are not with the seed grass industry.




1. ORAL REPORT BACK/Status of Florence Comprehensive Plan.


Kent Howe, Land Management, explained there was concern initially that the annexation proposal of the Bond Ridge Subdivision in the City of Florence was shown to be consistent with the Realization 2020 Plan which had been adopted but had not been co-adopted by Lane County. He said regarding the response for the Lane County Boundary Commission, it was found the City of Florence addressed both the Realization 2020 Plan and the 1988 Florence Comprehensive Plan that the Lane County Board of Commissioners had adopted and shown consistency with both.  He said initially Lane County did not adopt the Realization 2020 Plan. He said upon their review, the City of Florence did provide findings to address both plans and they don’t have any problem with the annexation proposal moving forward and have responded in that way to the Boundary Commission.  He noted the City of Florence is preparing revisions to the Realization 2020 Plan and will be sending that to the County for co-adoption in the fall.  He said at this time the proposal for the annexation is found to meet both plans and is therefore consistent.


Fleenor asked what the process is.


Vorhes responded the process in the Florence case is reviewing the Periodic Review tasks for acknowledgement when the plan gets to LCDC for periodic review action.  He added the process for action on plans has been the city works on the plans, develops what it ought to look like and forwards it to the County for co-adoption of the portions the County needs to adopt.  He noted there was some planning the City of Florence had taken the lead on and eventually their final product on the 2020 Plan will come to the Board of Commissioners for co-adoption.  He added when that is final, it goes to DLCD as part of the Periodic Review Report of actions taken. 


Fleenor asked if they were working under the 1988 IGA Agreement.


Howe explained the actions they take need to be consistent with the 1988 plan.  He added they may be consistent with their vision under the Realization 2020 Plan but the County would not be able to sign off on those for areas outside the city limits unless whatever actions they are taking are consistent with the 1988 Comprehensive Plan.


Vorhes said they were careful to reflect the Board action as a change or modification to the plan the Board had co-adopted.




1. DISCUSSION/Adopting the Recruitment and Hiring Process for County Administrator and Assistant County Administrator.


a. ORDER 07-7-24-4/In the Matter of Creating the Classification for Assistant County Administrator.


b. ORDER 07-7-24-5/In the Matter of Approving the Revision to Existing County Administrator Classification.


c. ORDER 07-7-24-6/In the Matter of Adopting the Recruitment and Hiring Process for County Administrator and Assistant County Administrator.


With regard to Attachment F, Sorenson suggested adding Oregon State University to the recruitment brochure.


Jan Wilbur, Human Resources, indicated they are posting the job for County Administrator.  She indicated the proposed salary range is $135,000 to $149,000.  She commented the range would put them in a more competitive position to recruit and attract. She indicated she was posting for the Assistant County Administrator next Monday.


Dwyer said if they post the job that it does not preclude the person from applying and becoming the County Administrator.


Wilbur indicated that once the Assistant County Administrator position is posted, she would move with finalizing the County Administrator posting recruitment.


MOTION: to approve ORDER 07-7-24-4; ORDER 07-7-24-5; ORDER 07-7-24-6. with modifications.




VOTE: 5-0.


2. FIRST READING AND SETTING SECOND READING/Ordinance 8-07/In the Matter of Amending Chapter 2 of the Lane Code Regarding Functions of the County Administrator and Assistant County Administrator (Second Reading and Public Hearing:  August 14, 2007 at 9:00 a.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on August 14, 2007 at 9:00 a.m. for Ordinance 8-07.




Wilson indicated on August 14 she would bring the Lane Manual change to reflect the County Administrator.  She said they would need to do additional planning and discussion regarding the Management Services changes. 


VOTE: 5-0.


There being no further business, Commissioner Stewart recessed the meeting at 11:00 a.m.


Melissa Zimmer

Recording Secretary