BOARD OF COMMISSIONERS'

REGULAR MEETING

May 2, 2007

following HACSA

Commissioners' Conference Room

APPROVED 7/11/07

 

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

 

Brett Feingold, Florence, stated he is the Rhododendron Festival Chair this year for the 100th Rhody Festival.  He discussed the events and invited the Board.

 

Josh Green, President of the Chamber or Commerce, supported the Rhododendron Festival.

 

Jim Gillette, Eugene, wanted to know if a lien was still on his property.

 

Stewart stated that the lien doesn’t get removed until one year after Gillette was in compliance.

 

Gillette wanted the lien to be placed on the tax lots involved.   He wanted to free up his land to sell.  With regard to the cabin, he stated he took out a demolition permit.  He said he has legal resources to use other than to tear it down.  He wanted to use the agricultural building and he didn’t want to tear it down.  He said if he tears it down, the County might be liable.  He said he has other ways to work on it.  He stated he still hadn’t received the hearing that he was promised.   He commented that he had been treated unfairly.

 

Fleenor recalled that they recently had a settlement with Gillette that he signed and agreed to.  They did not force him to take the settlement and part of the settlement was the demolition of the property.  He hoped Gillette would be a man of his word.

 

Stewart told Gillette before they got into the signed agreement that Gillette could make recommendations, but once he signed the agreement, Gillette was bound to it.

 

Sorenson was open to any suggestions to the signed settlement agreement.  He suggested Gillette send a letter to the Board and to be prepared for a counter offer.

 

3. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 07-5-2-1/In the Matter of Receiving Comments From the Public About Community Development Needs, Proposed Projects to Meet These Needs, and Action to Apply for a Community Development Block Grant for a Regional Housing Center.  

 

Mike McKenzie-Bahr, Economic Development, reported that this was a public hearing with two potential actions regarding Community Development Block Grants.  He noted the first action is to have a public hearing to take comment on a proposed project.  He said they would take specific action on projects that they could apply for in this funding round.  He explained if the Board wanted to apply for projects for future funding rounds, they would have the opportunity.  He said these block grants are made available to counties and cities by way of federal funds from HUD.  He indicated as part of this process, local government must provide two public hearings, each at a different stage of the project.  He said the first public hearing is for the Board to take comments from citizens about community development needs and any project proposed for grant funding prior to submitting an application to the department.  He noted that potential applicants have been notified by a notice in The Register-Guard and through e-mail sent through potential applicants and people who had applied for Community Development Block Grants previously.

 

Commissioner Stewart opened the Public Hearing.

 

McKenzie-Bahr explained that Lane County is eligible to apply for a 2007 Community Development Block Grant from the Oregon Economic and Community Development Department and Community Development Block Grant Funds from the U.S. Department of Housing and Urban Development through the Housing Program.  He indicated that Lane County is preparing an application for a 2007 Community Development Block Grant from the Oregon Economic Development for the Regional Housing Center in Eugene. He indicated the project would benefit at least 1,300 people with at least 80 percent of these being of low and moderate income.  He explained that the purpose for this hearing is for the Board to obtain citizens’ views and to respond to questions and comments about community development and housing needs, especially the needs of low and moderate income persons as well as other needs in the community that might assist with a Community Development Block Grant Project.  He noted the projects must meet one of three national objectives benefiting low and moderate income persons: prevention or elimination of slums or blight or meeting other community development needs, or having a particular urgency that pose a serious and immediate threat to the health and welfare of the community.   

 

McKenzie-Barhr indicated there are two sets of funding with the first being the Oregon Housing and Community Services Department which Lane County is eligible to apply for with the funding round closing on June 4.  He said two areas of funding are regional housing rehabilitation or a regional housing service center.  He stated that currently Lane County is not eligible to apply because they have open projects. He said the next time they are taking applications is June 30 and they won’t be ready then.  He added the next time to apply is September 30 and they may be eligible at that time, however in the past two years Oregon has run out of money in the June 30 cycle and there have been no funds available in the September 30 cycle.  He noted the next cycle is December 30 and they would be ready to apply for projects.

 

Dwyer asked what the maximum amount would be.

 

McKenzie-Bahr responded the maximum amount is $1 million from the state.    He said they could either apply for the total amount or it could be split into two.  

 

Dwyer asked what the process was for open projects in the future.

 

McKenzie-Bahr said they have open projects for water treatment facilities for Mapleton and Blue River. He said when they get a project, they get an award letter and it would be open on whether they draw down any money or not.  He indicated they have three years to finish a project.  He said they could have three open grants on the Community Development or Economic Development side at any given time.  He said to do that, each project must be drawn down the percentage the state requires in that year.  He said if they are open in the first year, they have to spend 25 percent of the money.  He added if it is open in the second year, they have to spend down 50 percent of the money.  He noted in the third year 75 percent needs to be spent in the beginning of the first six months and in the last six months of the project 100 percent of the dollars must be spent.

 

Dwyer asked where they are with the projects.

 

McKenzie-Bahr explained in the two open projects with Blue River and Mapleton, Mapleton is in the third year of the project as of June 1.  He said by calendar time they should be 75 percent spent down and by application time, 100 percent would be spent down.  He added for Mapleton, they are about 30 percent spent down.  He noted both of the projects will be 100 percent committed by August or September.  He explained with the Row River Project, the Board has taken action to prioritize applications for three projects, one of which was the Row River Project.  He said the first part was to do a technical feasibility study that has been completed.  He noted the next step would be to apply for funding in order to do the construction project.

 

McKenzie-Bahr recalled that the Board had chosen three projects.  He indicated   the Row River Water Project is a priority to apply for CDBG funding.  He said he is working with the newly formed Row River Valley Water District.  He said they had done an income survey and it meets the Row River District Boundary.  He said they found that 65 percent of the families had low to moderate income and it met the criteria to apply for the CDBG funding.  He said the economic study showed that the day to day operations of such a facility would be financially feasible.  He said the issue is rehabilitation and new construction.  He said if they did everything the engineer recommended, the costs would be $4 million.  He noted scaled back costs would be about $2 million. He indicated the City of Cottage Grove had put in about $1.1 million and a community block grant of $1 million would make up the shortfall.  He said the District asked the Board to continue the support of the project and when they are eligible, the County could apply on its behalf.  He noted the County is the only potential applicant for CDBG for the Row River Valley Water District because the district is outside of the Cottage Grove city limits.

 

Jim Baker, Finn Rock, said he represented the Blue River CDC.  He said they are having economic housing and septic problems in the Blue River Development Node.  He said the lack of a community sewer system severely limits what could be accomplished with commercial development and affordable housing.  He said the community sewer system will spur economic development in the commercial area of Blue River.  He added that it will help meet the goals of EWEB of a clean river for fish and water users in Eugene and Springfield.   He indicated the old septic system in Blue River has been identified by EWEB and DEQ as an area of concern.  He noted that the new McKenzie Resort will need a new sewer system to fully realize their plans.  He thought it could be the sewer system opportunity for Blue River.  He said they have several projects moving forward in Blue River but this project was important in their attempt to rehabilitate Blue River.  He added for the economic study, Blue River is 70 percent below average and one of the lowest in the state.

 

Stewart said he met with people at Blue River to discuss an overall plan that could improve Blue River.  He indicated that the first step is to get the water system in place to encourage development.   

 

Chris LaVoie, Blue River, said he had been working with Jim Baker on the CDC and they bought the old ranger station.  He said they see potential for this property and the water is a great help.  He said there is blight and this would help. He stated that sewers were a key issue.  He thought they could get other private money involved to make it happen, but most of the downtown properties are too small to support current septic standards and it is impossible to redo anything. He wanted to see something get done to make it happen.  He wanted help in getting a community sewer installed.

 

Sandy Halonen, NEDCO, Eugene, asked for support and the need for the Regional Housing Center which is the homeowner center of Lane County.  She said they are in the second year of the grant.  She noted the first year of the grant Lane County sponsored them and with the second year, Oregon Housing and Community Services had funds that were not CDBG funds so they did not go to Lane County but they continued to work.  She said this year they asked to come for the third year of the grant funding.  She reported in the first year they worked with 1,265 families and over 40 became homeowners in the process, during the year.  She noted they were finishing up the first quarter of the second year and they worked with 387 families and many have taken classes with one on one referrals.  She noted that 16 have become homeowners.  She asked for support to continue this.  She noted there is $48,000 available for Regional Housing Centers in the third year.  She said the application is due June 4 and the funding doesn’t start until January 1.  She indicated the entire budget is $160,000 and they raise all of the additional funds from private sources.  She said this proposal is for $48,000.

 

Green asked what the source of the stable funding was.

 

Halonen reported the other funding is fees they charge for classes for about $13,000 per year and grants they receive from a number of banks.  She added the majority of the funding is from the development work they do through building homes and they take any revenue from the sale of those homes and put them back into their homeownership program.

 

Doug Harcleroad, District Attorney, said he is a member of the Friends of the Child Advocacy Center.  He said the Child Advocacy Center was initially opened in 1994 with a $443,000 CDBG block grant.  He said in 1995 they had about 150 children go through the center. He reported they are now seeing 700 children in a 2800 square foot building.  He indicated they applied for another grant for $600,000 and they received it about five years ago.  He thought they had it and a prior Board approved it.  He said they then received notice three weeks later that they were $85,000 short and they stopped the project.  He noted their customer service base is large.  He wanted to get back on the list because they have a need for a larger child advocacy center to help sexually and physically abused children.

 

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

 

McKenzie-Bahr explained that the next phase is to make decisions on the projects.  With regard to housing, he said there is a separate pot of funds of $500,000 they are eligible as a property to draw down.  He said the housing rehabilitation (which had been a priority) will come through Junction City and they will apply for it within the city limits. He thought it was in the $350,000 range.  He said the only application the Board has before them to draw down housing dollars for this round is the NEDCO project.  He said NEDCO would have been available for their own funds this year, but their HUD dollars are tied up with the continuing resolutions and have not been made available for the direct applicants to apply for.  He said the State of Oregon indicated that they are allowing applications for the state dollars even though those dollars have not been approved in the continuing resolution.  He said the application was ready and it was a continuation.

 

With regard to Blue River, McKenzie-Bahr stated they had discussions and they went out to the location and talked to the DEQ.  He said both DEQ and EWEB have studies that identified Blue River septic as an issue of concern. He said if they decide to apply for a technical assistance grant, they would be working with EWEB and DEQ to look at a septic solution to address the area of concern.   

 

Dwyer stated they needed to apply for the grants.

 

McKenzie-Bahr said the direction to him is to come back in June with a technical assistance application.  He commented that the Child Advocacy Center applies under every criteria.  He recommended getting an application ready so when they are ready to apply, the application will be complete.  

 

Dwyer said McKenzie-Bahr needed to move forward with this.

 

McKenzie-Bahr reported the list in the board order is the City of Eugene application for a Regional Housing Center; planning, design and construction for the Row River Water project; and the Child Advocacy Center of Lane County.

 

MOTION: to approve ORDER 07-5-2-1.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

4. CONSENT CALENDAR

 

A. Approval of Minutes: None.

 

B. Public Works

 

1) ORDER 07-5-2-2/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices For Dust Abatement Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 2007 to September 15, 2007, Contract No. 07-M&S-50.

 

2) ORDER 07-5-2-3/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Rock Material Needs During Fiscal Year 2007-2008, Contract No. 06/07-M&S-51.

 

3) ORDER 07-5-2-4/In the Matter of Authorizing Public Works to Enter Into an Agreement With ODOT Rail Division to Upgrade the Highway-Railroad Crossing at Irving Road.

 

4) ORDER 07-5-2-5/In the Matter of Accepting a Deed of Land to Be Used as a Public Road Easement For County Road No. 1300 (Salmon Creek Hatchery Road)  (21-35-22).

 

5) ORDER 07-5-2-6/In the Matter of Awarding a Three-Year Requirements Contract to PetroCard Systems for the Purchase of Cardlock Fuel and Fueling Services in Eugene, Contract No. RFP06/07 FS-01.

 

6) ORDER 07-5-2-7/In the Matter of Awarding Contract WM 06/07-10 to R & G Excavating in the Amount of $7,103,302.20 For Construction of the  Phase V Liner, Phase I/II Final Closure, Wetlands Construction, Camas Swale Temporary Bridge and Haul Road at the Short Mountain Landfill and Wetlands Mitigation Area, and Authorizing the Administrator to Execute the Contract.

 

C. Health and Human Services

 

1) ORDER 07-5-2-8/In the Matter of Approving the Submission of a Continuum of Care Grant Application to the U.S. Department of Housing and Urban Development (HUD) in the Amount of $2,198,874 for the Period of January 1, 2008 Through December 31, 2009.

 

D. Management Services

 

1) ORDER 07-5-2-9/In the Matter of Acceptance of Bid LCP 2007-03 and Award Contract to Northwest Elevator Company to Upgrade Passenger Elevators PHX 6776 and PHX 6777 at Lane County Public Service Building, in the Amount of $153,995.

 

E. Board of Commissioners

 

1) ORDER 07-5-2-10/In the Matter of Recognizing Sea Lion Caves for 75-Years of Continuous Service to Lane County and Preservation of a Natural Wonder.

 

F. County Administration

 

1) ORDER 07-5-2-11/In the Matter of Awarding Contracts for Projects Selected Through the 2007 Economic Development RFP Open Cycle, Transferring $95,000 from the Special Revenue Fund Operational Contingency to Materials and Services Within General Expense, and Authorizing the County Administrator to Sign Contracts Related to the Projects.

 

MOTION: to approve the Consent Calendar.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

5. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor indicated he sent information to the Board about possibly reassigning Animal Regulation from Management Services to Health and Human Services because of the workload the Management Services Director currently has.  He thought it might be a good time to take this action because of the assignment of the task force.  He thought they could have a more thorough discussion after the budget process.  He wanted to place this on the agenda next week.

 

Fleenor asked what the cost estimate would be for doing this.

 

Van Vactor responded that there was not a significant cost either way.

 

Green asked if Health and Human Services was the right fit for Animal Regulation.

 

Dwyer approved of this as it was only temporary.

 

MOTION: to move the function of Animal Regulation from Management Services to Health and Human Services.

 

Dwyer MOVED, Fleenor SECONDED.

 

Green asked what the impact was to employees.  

 

Van Vactor indicated that David Suchart, Management Services, has requested an opportunity to have a discussion with the employees and then have Rob Rockstroh, Health and Human Services, visit with the employees.

 

Green thought the discussion should have taken place before the transfer.  He supported the recommendation.

 

Sorenson wanted a communication with the union and employees so it does not come as a shock and there would be a smoother transition.

 

Dwyer amended his motion to reflect that a discussion would take place at Animal Regulation and then the board order would come back to the Board.

 

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

 

b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 5-07/In the Matter of Amending Chapter 4 of Lane Code to Provide that Car Rental Tax Revenue be Placed into the County General Fund (Lane Code 4.250) (Second Reading & Public Hearing: May 23, 2007, 1:30 p.m., Harris Hall, Main Floor).

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 5-07 for May 23, 2007 at 1:30 p.m.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 6-07/In the Matter of Chapter 4 of the Lane Code To Revise the Use Of Transient Room Tax Revenue (Lane Code 4.175) (Second Reading & Public Hearing: May 23, 2007, 1:30 p.m., Harris Hall, Main Floor).

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 6-07 for May 23, 2007 at 1:30 p.m.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

5. COUNTY ADMINISTRATION

 

d. ORDER 07-5-2-12/In the Matter of Awarding Funding for Projects Selected Through the 2007 Economic Development RFP General Allocation Cycle.

 

McKenzie-Bahr explained this was the first cycle for 07/08.  He indicated this was internal for County use instead of external for business use.  He noted that each year a set of funds is allocated and the process is similar for all three rounds.  He said an RFP was prepared for County departments and circulated.  He noted the applications for funding were sent in and reviewed by the Economic Development Standing Committee and recommendations made. He reported that five applications came in.  He noted there were two from Information Services (one for wireless internet in the Public Service Building and one for expanding of video conferencing), the Sheriff’s Department preparing inmates for work, Land Management long range planning projects, and the Department of Youth Services MLK Education Center.

 

McKenzie-Bahr explained the EDSC took two steps with the process.  He said they met with the applicants, got reports on the projects and that generated numerous questions. He said the applicants had two weeks to respond to the questions to make modifications that were necessary and brought them back.  He added they were scored again and the three highest scoring projects were the Sheriff’s Department preparing inmates for work; Department of Youth Services  MLK Education Center and Information Services Wireless Internet in the Public Service Building.  He said these were projects recommended for funding.  He said if approved, it would go into their 07/08 budgets.  He added when the budget is approved, they could draw down outside of the cycle of the 07/08 funds.  He said the $436,000 allocation is based on a percentage of the total overall funding they anticipate but it is based on a low number and they expect they will get in more funds.

 

Green asked what would go away for Land Management staff if they don’t get video lottery funds.  He wished the EDSC could have been more flexible.  He added the work plan is the Board’s plan, not Land Management’s staff.

 

Dwyer commented that the video conferencing met the criteria but they decided not to fund it.  He added that long term planning for Land Management was a cerebral stretch.

 

Green indicated the consequence of the decision is that they don’t have long range planning.

 

Fleenor asked what the consequence would be in taking $5,000 out of the four proposed programs to provide sufficient money for the expansion of the video conferencing.

 

McKenzie-Bahr said they would have to look at what projects would have to be cut.  He said the committee asked the departments to come back to justify the numbers.  He noted the Sheriff’s Department went down substantially.  He indicated there are other funds within the budget.  He said if the Board wanted to revisit where they have other funds going within the budget, they have the ability to do it.  He noted there was an additional $171,000 from county dues and memberships.

 

Fleenor asked why they couldn’t totally fund the wireless internet, the expansion of video conferencing, the long range planning projects and have the inmates for work funded contingent upon them having inmates and getting additional funding.

 

McKenzie-Bahr explained that Lane Manual has them locked in for what they could use in-house at 50 percent.  He said they are currently at 50 percent, including what they had allocated for his position and for his overhead costs and for other dues and memberships.  He said this caps the 50 percent and they won’t know for about 30 days if there would be additional funds.   

 

MOTION: to fully fund Information Services, the wireless internet, expansion of video conferencing for $44,800, Sheriff’s Department preparing inmates for work and the Department of Youth Services MLK Center and put on hold the long range planning projects for ORDER 07-5-2-12.

 

Fleenor MOVED, Dwyer SECONDED.

 

McKenzie-Bahr reported the Board hadn’t allocated all of the fees.  He said they could revisit the funds.

 

Wilson recommended adding the caveat that they are aware of the amounts contingent on fourth quarter receipts. She added if they are not sufficient, the ED Standing Committee would bring the order back to the Board.

 

Fleenor modified the motion to support legal counsel’s suggestion.

 

Dwyer SECONDED.

 

Dwyer wanted as part of the motion sufficient information to ensure that they could meet their obligations under the proposal.

 

Wilson suggested letting McKenzie-Bahr have a conversation with the Sheriff’s office and revisit the order within a couple of weeks.

 

Fleenor withdrew his motion.  Dwyer withdrew his second.

 

Sorenson stated this would go to the board meeting on May 23.  He asked for a revised board order incorporating this discussion.

 

6. EMERGENCY BUSINESS

 

None.

 

7. COMMISSIONERS' REMONSTRANCE  

 

Stewart recognized Frank Nearing for celebrating his 60th Wedding Anniversary.

 

8. COMMISSIONERS' BUSINESS

 

a. ORDER 07-5-2-13/In the Matter of Establishing the SAVE Adoptable Animals Task Force.

 

Fleenor asked how they came up with the committee name.

 

Van Vactor stated when they reviewed the minutes of the discussion, this was the closest thing to what the center of the Board thought.

 

Fleenor suggested the name Implementation Task Force.

 

Green asked if it was an open advertisement for the five committee members to pick two from the public.

 

Sorenson thought they would take applications from the public and then the commissioners would select five people and the committee would review the remaining resumes and they would recommend two back to the Board.

 

Dwyer envisioned where they each pick their choice and the group would pick the two at large.  He had no objection for advertising for two at-large members.  He didn’t want a long drawn out process.  He added his choice didn’t have to live in his district.

 

Green wanted to have a two week process for a pool of people.

 

Sorenson wanted this process for all of their advisory committees.  He also wanted to include the words implementation committee.

 

MOTION: to approve ORDER 07-5-2-13 with the following changes: that it say in the matter of establishing the Save Adoptable Animals Implementation Task Force; identify the districts of the commissioners that are appointing people: District 4 Ann Jenson; District 5 Lorane Still, District 2 Mollie Sergent, District 1, C.T. Fulkerson, District 3, Jennifer Dumont Biglan and at the first meeting they shall appoint two additional members.

 

Sorenson MOVED, Dwyer SECONDED.

 

Dwyer stated they would advertise for two weeks.    

 

Sorenson wanted to add a Paragraph 6 where the County Administrator is directed to advertise the two existing vacancies for the at-large positions.

 

Dwyer amended his motion.

 

Green didn’t want the word implementation for the task force.  He said the charge is to develop recommendations to establish programs. He said based on the last meeting they were going to develop recommendations and polices and bring those ideas back to the Board.

 

Stewart shared Green’s concerns.   

 

Dwyer thought the charge was important.

 

Fleenor wanted an Implementation Recommendation Task Force.

 

Dwyer thought their intent was to come up with recommended changes in practices that could reduce the number of animals that are euthanized in their facility.  He said that was the goal.

 

Green said their intent is what the group title is.  He said they want to adopt animals that are adoptable.

 

Sorenson didn’t see the name of the task force as significant as what they expect it to do.  He said he would go along with any change with the name of the task force that would help them get to yes.  He said he would amend his motion to state in the matter of establishing the Save Adoptable Animals Task Force, the districts for each of the appointees and the addition of the paragraph directing the County Administrator to advertise for two at large positions for two weeks to be chosen by the committee.

 

Van Vactor recommended Steve Shriver as a facilitator.  He added that they will need a minutes recorder to record the meeting.

 

Wilson recommended the language: “Steve Shriver  pursuant to the contract being executed by the County Administrator.”

 

Sorenson amended his motion to include the above language.  Dwyer amended the second.

 

Wilson said they could put in language that the task force would complete its deliberation within 90 days of the full task force and shall cease existence at that point.

 

Sorenson wanted that included in the motion. Dwyer amended his second.

 

Van Vactor thought they may need to depend on other agencies like Greenhill.  He thought it would be good for those groups to attend the meetings.

 

VOTE: 5-0.   

 

9. COMMITTEE REPORTS

 

a. Legislative Committee.  

 

With regard to recommendations, Dwyer said they mainly monitored the bills as they only had so much political capital.  He said SB 946 allowed employers to allow eligible employees to take unpaid leave relating to domestic violence.  He indicated that it was sponsored by the County delegation.  He said they didn’t want to oppose it but they said they would support it with amendments.  With regard to HB 2867, it modified the definition of dental hygiene and the need to apply dental sealants. He said they supported it.  He indicated HB 3337 establishes a schedule for review of buildable lands.  He noted this involved Eugene and Springfield and the County opposed it.  

 

Green asked that they monitor it.  He indicated they are going into conversations called “The Little Look” and Lane County would become involved regardless on how it plays out.  He commented that it was awkward to oppose local control.

 

Dwyer said they were opposed to the state telling the County what it is they have to do.

 

Green didn’t support the position because he thought it was contradictory to state the reason for regional planning would be compromised if one partner in the metro area pursues growth strategies independent of the other party.

 

MOTION: to change position of opposition on HB 3337 to monitor.

 

Green MOVED, Dwyer SECONDED.

 

Van Vactor thought they should stay out of this.  He thought the bill impinged on local control.   

 

Sorenson stated he was comfortable opposing HB 3337.  He agreed with the committee’s recommendation on  HB2867 and  SB946.

 

VOTE: 3-1 (Sorenson dissenting) (Stewart excused).

 

10. PUBLIC WORKS

 

a. ORDER 07-5-2-14/In the Matter of Vacating the Portions of the Alleys Between Lots 4 & 5 and Lot 6, and Between Lots 2 & 3 and Lot 4, in Block 19 in the Plat of Hubert, As Platted and Recorded in Book 6, Page 32, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (16-05-10-33).  

 

Bill Robinson, Land Management, reported that this is in the Cheshire area on a hill.  He said the access for the adjoining parcels are either on High Street, Park Street, Sixth Avenue, Fourth or Fifth Street.  He said the petitioners wanted to get control to do maintenance. He indicated the area is narrow.  He said transportation planning and the director of Public Works are supportive.  He said they notified the utilities and the adjacent owners and got either no replies or they did not get a response at all.  He said the Board could approve the vacation, deny or to continue with the dedication.

 

Dwyer stated that he doesn’t believe in vacating anything without a public hearing.  He thought there could be other public uses to that alleyway that would be prohibited when they put a gate across it.

 

MOTION: to approve ORDER 07-5-2-14.

 

Green MOVED, Fleenor SECONDED.

 

Green believed there was public notice for this and opportunity for people to comment.

 

Fleenor asked if there was an urgency to approve this.

 

Robinson responded that one of the things the petitioner listed was that every summer there is a fire danger because it is not maintained.  He thought with summer coming there could be urgency.

 

Sorenson asked if this could be set over for additional information.

 

Wilson said they could hold it over but she wasn’t sure about what additional information they wanted.

 

Sorenson thought they could learn something by having a public hearing.

 

Dwyer wanted to have photographs of the area to see if the area was already converted to some other use.

 

Green called for the question.

 

There were not enough votes, MOTION FAILED.

 

VOTE: 2-3 (Fleenor, Sorenson, Dwyer dissenting). MOTION FAILED.

 

Green asked if the petitioner would have to pay an additional $650 for a public hearing.

 

Robinson thought they would have to pay the fee again.

 

Fleenor asked if the petitioner knew that the Board wanted to have a public hearing on this.

 

Robinson recalled when the petitioner petitioned, he was told about in the past few years there had been a divided board and he let them know about the public hearing.

 

MOTION: to move for reconsideration.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

Dwyer suggested Robinson physically observe the property and they would defer action on this until Robinson could put it on the schedule with the agenda team and bring back his best reading on whether it is against the public interest to grant this.

 

MOTION: to have Bill Robinson observe the property and then have the agenda team bring this back for a further discussion.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

b. ORAL PRESENTATION/Lane County Maps Internet Application Demonstration.

 

Ollie Snowden, Public Works, reported the demonstration brings together three components of the technology initiative they have been working on in Public Works for the last few years.  He said it is a geographic information system with a parcel mapping project and their eGovernment site. He indicated they are working on a new initiative with Information Services to get online permitting available on their website so people could apply for certain building permits.   

 

Jim Marks, Information Services, reported that 70 percent of the data is generated from Public Works, 19 percent comes from LCOG and 11 percent from other agencies.  He commented that employees are using this as a tool.   He stated this was a success at the County and he wanted to share it with the Board.

 

Cress Bates, Public Works, discussed the usage of the application.

 

c. ORDER 07-5-2-15/In the Matter of Appointing One New Member (Howard Shapiro) and Re-Appointing Two Members (Steve Dignam and Ed Becker) to the Lane County Planning Commission.

 

MOTION: to approve ORDER 07-5-2-15.

 

Dwyer MOVED, Fleenor SECONDED.

 

Stewart indicated that Steve Dignam was his designee to the Planning Commission.  He said they needed to have a West Lane representative and Fleenor chose Howard Shapiro.  He thought Sorenson or Dwyer chose Ed Becker.

 

VOTE: 5-0.

 

11. CORRESPONDENCE TO THE BOARD

 

None.

 

12. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

13. EXECUTIVE SESSION as per ORS 192.660

 

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

 

14. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart recessed the meeting at 11:55 a.m.

 

 

Melissa Zimmer

Recording Secretary