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.
17. PUBLIC WORKS
a. REPORT BACK Review of Road Fund.
Ollie Snowden, Public Works, reported that they are in the process of
working on the Fin Plan. (Copy in file). He
said they are assuming that either HR 3058 and/or the Wyden amendment for Secure
Rural Schools will be approved and they are assuming the $9.9 million from SB
994 will stick. He said they would
assume their current level of service except that they continue to have the
decreasing capital improvement program. He added that they are proposing increases in their
preservation budget because they are finding the increased cost of materials
means they are unable to keep up. He
commented that they are still facing a structural deficit in the general fund
because their overall operating costs continue to increase. He indicated that
the road fund balance is okay for about three years before it starts to drop off
unless they change the services or add revenue by 2013 they will need to make
Stewart thought they would have time if they thought capital improvement
projects were important to move forward. He agreed to move forward with some of the projects.
He thought the projects should be discussed with the Roads Advisory
Committee. He asked about the
letters to the city on the 994 project list recommendation.
Snowden responded that the letter didnít go out because they had to
regroup after they talked to AOC. He
said the original concept was that they would share the money with the cities
and the cities could use it on their streets.
He added that AOC said that was not the legislative intent.
Sorenson asked if there was an alternative to the road funds without the
renewal of SRS.
Snowden reviewed their budget at a one year extension.
He noted that if nothing comes through, they would have to make big cuts.
He said if they only get a one year extension, he suggested they look at
serious cuts. He added that they
still have the 2009 session of the legislature.
He said if they come through with a big package they would see revenue
and they could look for a transition period where they wouldnít make drastic
cuts until they see what the legislature does.
He recommended going through the services they provide to see if there
are some they should no longer do. He proposed drawing the reserve down to
continue their same level of service until either Secure Rural Schools is really
dead or they know what the legislature will be doing before they get into making
major cuts. He indicated that they
eliminated 15 positions and transferred four positions out of the road fund to a
different fund and they are planning to use the reserve for the current level of
b. REPORT BACK to Board on progress of the Waste Management Division's
Nuisance Abatement Program.
Jeff Bishop, Waste Management, distributed information including maps
from June 1, 2006 to November 27, 2007. (Copy
c. ORDER 07-11-28-5/In the Matter of Authorizing the County
Administrator to Execute an Intergovernmental Agreement with the City of Eugene
Authorizing $40,000 from the Road Fund and Lane County Participation in the West
Eugene Collaborative Process.
Ollie Snowden, Public Works, reported that he was asked to prepare a
board order that would authorize the transfer of $40,000 to the city for support
of the West Eugene Collaborative Process. He distributed a memo that listed potential conditions the
Board might want to attach. He indicated that a lot of this was pulled from the
prospectus by the West Eugene Collaborative in July. Snowden read the order into the record. He noted there is no Attachment A. He said the city has asked for $40,000 and it is his
understanding that this will enable the process to continue for six months and
if the Board provides the funds, they might not want to include conditions.
He thought they could have the Countyís financial participation be
conditioned on some definable outcome at the end of six months.
He recommended the Board choose someone to participate on the committee.
Stewart indicated that he would be willing to sit on the committee.
Snowden said they will change the last whereas if the Board designates
Fleenor supported the board order and requested to add the caveat that
the WEC process must concurrently address congestion and safety issues on
Highway 126 from Greenhill Road to Territorial Highway.
He wanted to ensure this County funding is used for facilitation versus
Mayor Kitty Piercy, city of Eugene, indicated there is technical work
being done currently on the short term solutions when it comes to the input on
the Em Ex route in West Eugene. She
said the only issue she has with the word ďconcurrentlyĒ is that they would
be doing this within 18 months.
to approve ORDER 07-11-28-5 stating in the order that Stewart
represents Lane County in the WEC process.
Sorenson MOVED, Fleenor SECONDED.
Green stated he wonít support this as it is not a good use of public
dollars on this process.
Dwyer questioned whether it is legal under the Constitution.
He said it is a stretch when they say a study group qualifies under
Article 9, Section 3 a. He said he wonít stand in the way of this.
Wilson recalled that Dwyer raised the issue of the use of the road
funds. She said that any IGA they
entered into with the city of Eugene or other cities that involves the transfer
of road funds contains language that requires that the road funds be used for
constitutionally permissible purposes and has the city indemnify the County in
the use of the funds. She said they
will ensure the funds are used for appropriate purposes.
Sorenson said he wanted to give this a chance.
Stewart said he wanted to be optimistic. He commented that they wonít get anywhere if they donít
Dwyer thought they could successfully argue that this process is not a
planning process. He said they are
planning to see where they can plan. He
indicated that he was not bringing that issue today.
VOTE: 4-1 (Green
Dwyer stated that he was serving notice of possible reconsideration.
d. Coordination Population Estimated Process
Stewart recalled that the public came to the Board asking them to take
over the coordinated population estimate process. He reported that they had expanded the public input period
and outreach to the citizens to accommodate the needs and concerns of the
Sorenson asked if the LCOG Board of Directors were going forward with
adoption of the new population projections.
George Kloppel, LCOG, believed they were going forward based on the
Boardís request. He recommended
to the Board that they not proceed as had been scheduled with an adoption
action, but to keep the record open and continue the public hearing.
He added the LCOG Board acted on the Board of Commissioners
recommendation to advise the cities to seek additional public comment.
Sorenson asked if Kloppel saw the letter from Attorney Doug DuPriest
saying that Lane County was opposed to the adoption of the LCOG forecast or that
Lane County would reassert its authority and take the authority and transfer it
back from LCOG to Lane County. He
asked Kloppel if they preferred for Lane County not to take back that authority
and for them not to object to the population forecast.
Kloppel believed that LCOG by experience and tradition is in a good
position to carry the task out on behalf of the County and the cities to do a
coordinated population forecast. He
believed that they are the right body to do it and if the County thought
otherwise, that would be okay.
Sorenson asked Wilson if Lane County could take it back.
Wilson indicated that he gave it to Assistant County Counsel Steve
Vorhes and the review hasnít occurred and it wasnít on the agenda.
Sorenson asked if Vorhes could get back to the Board on the legal issue.
Van Vactor commented that besides the legal issues there is the
practical issue of staff and resources. He
said that LCOG doesnít get any compensation.
He added that if Lane County were to assume the task, he didnít know
where they would get the expertise and staff to handle it.
He stated that currently they donít have the capability of the
Dwyer indicated the Board response was not directed at LCOG.
He said people who lived in the various cities didnít think they had
the opportunity to talk about it as an agenda item at their level.
He wanted to see a list of all the cities and what actions they have
taken to satisfy their concerns.
Bob Swank, LCOG, said since the request, the cities of Oakridge,
Creswell, and Florence have conducted public hearings and adopted a resolution
supporting the forecast. He added
that Junction City is scheduled to do that in December. He noted the city of Veneta stated they have discussed it but
did not conduct a public hearing.
Dwyer asked if they were required to adopt the forecasts or if they
could exclude those groups that didnít want to be part of it.
Kloppel responded that it is a coordinated countywide population
Swank explained that the only cities that have changes from the ones
that were adopted in 2005 are the cities he just listed.
He stated the rest of the cities accepted the existing adopted numbers.
Kloppel commented that the concept of a coordinated population forecast
is part science and part participatory process between the County and the
cities. He indicated that a number
of meetings have been held to engage in the process as a collective.
Fleenor wanted to defer discussion until next week and have all the
information in front of them.
Stewart was not afraid to have the conversation.
He thought it was inappropriate to change the process in the middle
because a couple of people came to public comment.
He commented that the person who is really pushing this owns about 40
percent of the buildable property in the urban growth boundary in Lowell and it
is to her advantage not to see the urban growth boundary moved.
He thought instead of changing the process in the middle and go by rules
people have prescribed to, that if they want to take over the coordinated
population estimated business, to start the process at a new date so they can
explain the rules to everyone as they move forward.
He added that this Board directed more public input.
He believed that Lowell and Veneta had the matter on their agenda and
allowed for public comment. He
added that other entities had public hearings.
He believed the intent of the Board was to get more input into the
process and that desire has been met.
Van Vactor recalled that Fleenor wanted information.
He wanted to know what type of information.
Fleenor asked how much it would cost the County to get the function back
and what the elements involved would be.
Swank indicated that it had been a year long process and it was
initiated at the request of four cities. He
said they have been using city administrators as the primary oversight
committee. He estimated that there has been two months of staff work involved.
Fleenor explained that the purpose of his interest is to look at some of
the legacy practices that had been going on for several decades and look at it
in a contemporary perspective to see if they need to do something different and
where they are headed.
that he was participating in the Ocean Policy Advisory Committee meeting.
Dwyer reported that
the $5,000 from the Board leveraged $5,000 from the community for food..
He noted that so far he has raised $22,000.
He said he is having a meeting tomorrow with Food for Lane County and St.
Vincent de Paul to coordinate the event that will be held on December 13 at
10:00 a.m. at Food for Lane County.
the RIB meeting on Monday and they adopted a priority list.
He announced the retirement of Bill Van Vactor and Don Nichols.
CORRESPONDENCE TO THE BOARD
from Port of Siuslaw Letter
thought they needed to have the County Administrator and planning staff to see
where they are in terms of compliance and report back to the Board with options
that are available to them, including the possible extension of the timeline.
thought they needed to have an objective evaluation and where they need to be in
five years in order to satisfy the deed requirements.
indicated that Jeff Spartz would do the research and report back to the Board.
Intergovernmental Relations Program
that Tony Biedaís last day will be December 14. He asked Bieda to make suggestions on what they need to be
tracking and how they should proceed forward with Secure Rural Schools, United
Front and Special Session, to help them plan for the future.
Bieda explained the
IGR functions. He also discussed
the United Front and the 2008 Special Session.
Greta Utecht, Human
Resources, discussed posting Biedaís position.
There being no
further business, Commissioner Stewart adjourned the meeting at 4:10 p.m.