Board of Health
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.
ADJUSTMENTS TO THE AGENDA
Item 8 a. was supposed to be heard as a Public
Hearing and it has been noticed. Stewart
asked if there would be three commissioners to open the Public Hearing.
He wanted to add an item to have Tony Bieda give
a description of the elections around Measure 49.
Dwyer thought the County needed to formulate a
response and alternatives to deal with Measure 49. He added that there were certain claims they put on hold
pending the outcome of the election. He
wanted to know how they are impacted and what their alternatives are as it
relates to those claims and bring it back in a report.
Stewart recalled that yesterday they rolled the item
about listening to questions. He
asked if they could give this to the Agenda Team for the November 20 meeting or
the last meeting in December.
There was a consensus of the Board to give it to the
Item 9a, should be November 17, 2007.
Eric Myers, Eugene, said he is a Saturday Market vendor.
He commented that since there is no Fair Board to go to, he is coming to
the Board. He distributed what Saturday Market had done so far this year
with regard to waste diversion. (Copy in file). He wanted to see composting
continue and to show the possibilities of creating a new system to avert waste.
A. Approval of Minutes:
December 6, 2006,
Regular Meeting, 9:00 a.m.
June 20, 2007,
Regular Meeting, 1:30 p.m.
August 28, 2007,
Listening Tour, 7:00 p.m.
September 12, 2007,
Listening Tour, 7:00 p.m.
B. Children and
1) ORDER 07-11-7-2/In the Matter of Awarding Contract to Relief
Nursery in the Amount of $582,480 and Birth to Three in the Amount of $500,307
for Lane County Healthy Start Services for the Period 9/1/07 to 6/30/09.
C. Management Services
1) ORDER 07-11-7-3/In the Matter of Authorizing the Sale of Tax
Foreclosed County Owned Real Property for $895.20 to the State of Oregon Acting
by and Through Its Parks and Recreation Department (Map
18-12-34-00-00600 Located in Glenada and Formerly Map
D. Information Services
1) ORDER 07-11-7-4/In the Matter of Creating a 1.0 FTE Senior
Programmer and Systems Analyst Position in the Information Services Department
to Support the Uni/Care Health Information System for the Health and Human
MOTION: to approve the Consent Calendar.
Green MOVED, Fleenor SECONDED.
commented that he didnít know why there was sticker shock with the fairgrounds
when the city of Eugene wants to build a city hall that is $125 million for one
building and they are going to build a $250 million sports center and they got
authorization for a $200 million bond from the Board of Higher Education.
He said everything is a matter of perspective.
stated that one of the best tools Americans have to communicate is the process
they use in Congress called the Dear Colleague Letter.
He noted the representative can send a letter that is hand delivered to
every congressional office. He recalled that Congressman DeFazio used that power
on November 6, in which he wrote a letter to the other United States
representatives to give them an update on the reauthorization of the Secure
Rural Schools Act of 2000. He said
the bills that DeFazio has introduced are important to Lane County and others
because of substantial federal land. He
indicated that federal lands do not pay any property tax and they are seeking to
have fairness in the way the federal government tries to pay in lieu of property
tax payment funds to public land counties.
a. DISCUSSION/Evaluation of Internal Auditor.
Green wanted a format where they could write comments and come back.
Stewart noted in Agenda Setting they could have distributed forms with
comments. He said in the past the
commissioners have given their remarks verbally. He said they could restructure this and come back with
written comments or they could do it in Executive Session.
Fleenor recalled the Carver Governance and how they evaluate performance
with respect to their individual employees and what are they looking for.
He asked if there were some parameters or identifiable targets. He
didnítí feel comfortable just telling Stewart Bollinger that he was doing a
good job. He thought they were
missing tools to institute moving forward for next yearís evaluation. He asked what the target was.
Stewart noted that he and Dwyer sit on Finance and Audit and they
receive a report every month from Bolinger.
He said their request at the last meeting was for Bolinger to put some
timelines on some of the activities he was working on.
Stewart indicated that each commissioner received a list of activities
and audits he is working on and the timelines to be completed.
He added that they have had one formal presentation of an audit of the
Riverstone Clinic and the medication program they reviewed.
Stewart said it was his understand that Bolinger has been working out a
Public Works review of the safety audit and it should come before the Board on
November 20. He asked Bolinger for
an update on his projects.
Sorenson said they are overdue on the anticipated six month review.
He noted the Board hasnít been on the timeline to give what they set
out. He recalled when they
discussed this in Agenda Team, (because they donít have a process) he and
Stewart thought they should put it off because they donít know what the Board
wants to do. He was comfortable
having this item as their delayed six month review.
Dwyer commented that they didnít adopt the Carver model.
He asked about the goals that Bolinger set.
Dwyer asked if Bolinger achieved his goal and the percentage he is away
from achieving the goal and what the obstacles are to prevent him from those
achievements. Dwyer was willing to see where Bolinger is.
Stewart Bolinger, Internal Auditor, thought what Dwyer suggested were
good benchmarks. He recalled for
the clinic there were eight recommendations with 100 percent implementation.
He said he liked coming to Eugene because of the high level reporting
relationship and the serious charter to go for results as opposed to ceremonial
processes. He added by being an at
will employer, he serves at the Boardís favor every day.
He commented that a six month report was not important to him because
every day he could be called to review any item.
He noted there have been many audits started and he is getting to the
point where several will finish. He
said in two or three months things will come to the Board.
Bolinger recalled that Green was more interested in seeing the audit
approach deliver constructive outcomes as opposed to findings that might sound
sensational but might alienate people and less might get done.
He added to allow the passage of time with some of these the Board could
get a total process time and some problems could be eliminated.
He wanted to err on the side of speed.
He indicated that he visited every Public Works site two times throughout
the County on the job. He wanted to
make sure they were complying with their safety rules and regulations.
He wanted to make sure that the findings from the outside regulatory
agencies hadnít committed to writing new policies and committed to good
behavior in compliance with those policies, but they were complying with those
policies. He said by doing a field observation they were able to find employees
following a procedure that they should not have been doing per the revised rules
but they were able to terminate the conduct, go through the proper procedures
and now the employees who run the trucks are doing them per manufacturer and
management and are okay. He said he
will have an audit reply with a corrective action plan for every item in the
report. He indicated there will be
agreed upon solutions when the report goes to the Board.
With regard to the fleet matter, Bolinger realized the report went too
long but it gives the employees a chance to make their very best case for their
proposition. He noted that early
on, the pillars of the internal control system are compliance, accuracy,
protection of assets and efficiency and effectiveness.
He indicated that wasnít
authorized in his audit plan. He
made an assumption in February when they were under an extreme budget pressure,
to spend time talking to everyone about any idea about any fund process or
anything he knew from his prior experience that they might be able to squeeze
money out of in order to close their budgetary gap.
Fleenor said based upon his lengthy personal discussion with Bolinger
over the past 10 months, he finds him competent, efficient and trustworthy.
He said they are lucky to have a man of this capability working for them. He said that Bolinger should be given the opportunity to sit
at the table with County Counsel and the County Administrator.
Dwyer said he took responsibility for the delay of the fleet audit
because he had a discussion with the Sheriff.
He said they need to have quarterly timelines as to what the objectives
are and the conclusion. He wanted a
written report, not when they can expect a conclusion of the reports.
He liked Bolingerís attitude.
Sorenson said giving the Board written updates would be good, but a
little more frequent. He thought
Bolinger was doing a great job.
Green thought the Board made a fine selection when they chose Bolinger
as auditor. Green is interested in
the education of the employees as it relates to the accountability.
He thought Bolinger could be an influence versus the role and perception
of being a fear monger. He also
wanted reports from Finance and Audit. He
said Bolinger was easy to get along with. He
asked if they could get his report on the websites so the public could read
Stewart concurred with the other commissioners.
He believed Bolinger was doing a good job.
He asked the Board if they would like an audit to take place and if s
so, that it come through Finance and Audit and they can make recommendation to
the Board so they can change the work plan.
He encouraged the citizens that if they believe there is some waste or
problems, to contact the Board. He
indicated they want to do this review on a yearly basis.
He asked Human Resources to provide information and salary.
Sorenson asked the Agenda Team to ask personnel to provide information
and determine whether it needs to come back to the Board.
Green explained that Bolinger has received a positive evaluation and a
contact would come back at a later time.
b. Oregon's Ocean Policy Advisory Council.
Stewart noted this is a letter. He
said that Fleenor has attend OPAC meetings and at this Fleenor doesnít feel it
is appropriate use of his time and would like to withdraw form the council.
He thought the Board should say the Board believes in protecting and
preserving the stateís territorial seas are a high priority and hope it
continues to be a high priority.
MOTION: to approve
sending the letter with the conceptual amendments and have the chair sign it.
Dwyer MOVED, Green SECONDED.
c. ORDER 07-11-7-5/In the Matter of Appointing a Commissioner as
the Voting Delegate to the Council of Forest Trust Land Counties.
Stewart said they have the ability to have a voting member of the
Council of Forest Trust Lands. He
said it takes place at AOC Conference next week.
He, Green and Fleenor will be attending. He added that he also sits on the public lands.
He said he would be willing to be a part of this.
Fleenor said he would be willing to sit on the committee.
MOTION: to approve
ORDER 07-11-7-5 appointing Bill Fleenor.
Sorenson MOVED, Green SECONDED.
The Board recognized Bill Van Vactor for his service to Lane County.
b. ORDER 07-11-7-6/In the Matter of Awarding Contracts for
Strategic Investment Projects Selected Through the 2007 Economic Development Rfp
Initial Proposal Cycle and Authorizing the County Administrator to Sign Project
Mike McKenzie-Bahr, Economic Development, explained these are awards of
video lottery funds recommended by the Economic Development Standing Committee
in the initial cycle. He
added that they have two protests to the initial cycle.
He said the questions ask if all the projects were scored fairly and in
an unbiased manner and if not should just the two projects be reviewed or should
the whole process be reconsidered.
McKenzie-Bahr asked if the awards of the two projects recommended for
funding (Oregon Track Club and Eugene 08 Festival) be funded as a grant from the
strategic opportunity reserve fund instead of as job creation for workforce
Fleenor asked for Dwyerís opinion.
Dwyer stated that he was not surprised by the appeal.
He said they were not valid. He
thought they shouldnít have been scored in the first place.
He indicated that was consistent with past practices.
He commented that it is not an entitlement and the fact that a program is
running and doing good things doesnít mean it is their obligation to continue
to fund it in perpetuity. He
thought they scored the projects in a fairly and unbiased manner he wanted to
award the funding to the following project:
Genesis Juice and the Oregon Track Club.
He thought the Oregon Track Club needs to be a grant because it is
unique. He didnít think the
appeal was valid.. He stated the
manual and directions are clear that they donít fund things continuously.
MOTION: to approve
ORDER 07-11-7-6 and that the Economic Standing Committee all projects
fairly and an unbiased manner and award the contract to the following contracts,
authorize the County Administrator to sign and to fund Genesis Juice, Tobyís
Family Food and a $50,000 grant to the Oregon Track Club.
Dwyer MOVED, Fleenor SECONDED.
Trina Laidlaw, Assistant County Counsel, explained that Lane Manual sets
forth the procedure when they have protests. She said there are two protests and they have listed the
criteria the Board could consider in a protest.
She said the department presents issues orally or in writing at a public
meeting. She stated that the
appellants will have 10 minutes to specifically address the protest criteria and
the recommended proposer shall have ten minutes to respond.
She said there was the possibility to make multiple awards of money from
this program. She added that
Genesis Juice may not want to present today.
She indicated that the two protests are related to whether there is
additional money the Board would like to approve for their particular projects.
She stated that Genesis Juice is not required to present. Laidlaw explained that the protester must be eligible and
next in line to be awarded a contract if the protest is successful.
She added the Board should state its conclusions reached either in
writing or on the record at a public meeting.
Laidlaw noted that Versalogic had been reading their protest that said
different criteria were used to evaluate different proposals.
She noted their protest also said the evaluation committee unfairly
applied the evaluation criteria to the proposal.
MOTION: to postpone
indefinitely the question of the appeal until after they conclude other
Dwyer MOVED, Fleenor SECONDED
Dave Hauser, Chamber of Commerce, said they are protesting the award
regarding the scoring on strategic investment and fund application for their
business retention expansion program. He
said they created the program in 2000 and has been funded a couple of times by
the Economic Development program. He
said that 80 percent of all new jobs created in a community come from companies
that are existing business and their program helps identify trade sector
companies who are facing problems or might capitalize on opportunities.
He noted that their partnership with the County has earned the
distinction of being one of the best programs of its kind in the country.
They take no issues with the projects that have been recommended for
funding, their application was for $33,500 that leverages another $60,000 and in
the effort they would have proposed to create another 125 new jobs.
He stated their protest is based on grounds from the Lane Manual and they
believe different criteria were used to evaluate the proposals and they believe
there was bias demonstrated toward their project.
He added that their project ranked above the required 80 percent level by
four of the five members of the Economic Development Standing Committee, scoring
an average of 130 points. He
indicated they were initially notified they exceeded the necessary threshold and
they moved forward in the process. He
said when a final member of a committeeís scores were submitted, they were
substantially lower, pushing their project below the threshold.
He said they were then notified they would not be moving forward in the
process. He added that the scores
from the final member of the panel were so much lower that they questioned
whether the same criteria was used in the evaluation.
He said because the final scores were submitted following the tallying of
the initial scores appears to them to be problematic from a process point of
view, as it gives one panel member the ability to disproportionately influence
the process. He said they were
under the impression that due to the fact they were funded in prior years that
they were eligible to reapply again. He
wanted to make sure they had a fair and reasonable consideration but based on
Dwyerís comments, they were concerned they might have been bias demonstrated
toward their project. He asked the
Board to reconsidered their project.
Julie Tobson,Verisologic Corp., protested the scoring of the
application. She believed that one
of the scoring members was out of sync with the remainder four committee members
in their scoring. They were unable
to review each category as it was scored and only received the final score.
She noted that Dwyer wasnít in the same ballpark as the other scorers.
She explained that their business is to manufacture imbedded computer
products. She said they are a high
tech business and they have been in Lane County for 31 years and they have a
hard time finding qualified individuals to work for them. She said the training grant is to help them be successful in
the community. She indicated that
they have continued to provide work and retain work for employees.
She asked the Board to review the scoring criteria to ensure the scoring
Gary McLen, Veriologica, reported that they also received a grant from
the Workforce Partnership for the same proposal and they scored high with that
proposal and were awarded funds. He
commented that to get their application turned down, it was a surprise to them
with all of the hard work they put in to meet all the specific criteria that was
established by the County. He asked
the Board to re-review the application and the process and how the scoring was
Laidlaw explained for the applications that the applicants were trying
to reach the 80 percent level in order to be further considered by the Board.
She indicated that they didnít reach the 80 percent level.
She added if the Board is considering granting their protest, they might want to consider remanding back to the committee
if they thought these organizations should have gotten to the 80 percent so the
committee could do a re-evaluation.
McKenzie Bahr indicated that the Board is not required to grant any
funds. He added that they are under
no timeline in which to make a decision. He
recalled that they released the RFPís in mid-July and they had a conference
with groups who might be considering applying.
He noted the deadline was September 5 and at that point in time they
worked with groups who had questions and told them how to fill out the
documentation. He added the
proposals are then packaged together for the Economic Development Standing
Committee and in the RFPís, is a scoring criteria. He noted they have an
Economic Development Standing Committee meeting where the scores are presented.
He added those scores are totaled, divided by five and a score of 80
percent of the points to be considered for funding. He said they invited anyone
over 80 percent to be invited for the next process and in this case only one
scored at 80 percent. He noted an e-mail went out nothing there was only one
proposal and the committee decided by e-mail to just move Genesis Juice project
Sorenson asked if they could approve the funding for Genesis Juice and
Oregon Track Club and refer back the protest to the committee.
Trina said it would be possible.
MOTION: to approve
ORDER 07-11-7-6, allocating $42,000 to Genesis Juice and $50,000 from the
strategic opportunity reserve fund to Oregon Track Club for Eugene 08 and to
refer the protests back to the committee.
Sorenson MOVED, Dwyer SECONDED.
Stewart thought the $200,000 amount for the RFP, (if the two appeals are
reviewed and the committee changed its direction and recommended funding) is not
enough money to fund everything. He
recommended holding off on Genesis Juice to make sure they appropriated the
amount of money to different requests.
Van Vactor asked when this is referred back to the committee, what
questions the committee should address.
Sorenson said they should ask the committee if they want to revisit the
scoring. He also wanted to know if
they granted the requested money, how much is left and if the committee wanted
to go beyond the allocated amount they previously set up.
Dwyer stated they werenít eligible and he didnít want to score them.
He said the Chamber gets paid for promoting business.
He said they have a process in the manual that indicates it canít be
multi-year unless they state it is. He
added the Board said it wasnít for more than one year and it wasnít
eligible. He scored them alike and didnít give anyone any preference.
He said it failed the smell test. He
said if they send it back, he will ask the committee administrator not to accept
it because it doesnít meet the criteria and they wonít have to score it.
He thought there was a conflict of interest with Versalogic.
He noted a committee member had given Versalogic an award of other money.
Green wanted it to go back for the scores to be reviewed and to make
sure the process is clear.
Fleenor wanted to take the existing board order and make another motion
to return the protesters back to the community.
Sorenson amended his motion to approve the board order as recommended
and remand and review the remaining issues back to the committee.
Van Vactor noted if the Board approves the award to Tobyís and Oregon
Track Club, there is less money left.
McKenzie-Bahr explained the motion that was just made would takes the
$50,000 out of the reserve fund and the $42,000 out of the $200,000, leaving
$158,000. He recalled that last
year the Board dipped into the reserve fund for several hundred thousands of
dollars because they found other projects with merit.
Dwyer wanted to clarify the $50,000 for the Track Club is a grant and
didnít come out of the same pot of money.
He said he would support the motion.
Stewart reiterated that the motion is to approve the grants to Genesis
Juice and the Oregon Track Club. He
said Genesis Juice will be awarded out of the $200,000 that was appropriated for
the RFP and $50,000 out of the Economic Development Standing reserve fund and
they are remanding back the two protested for further review of eligibility and
a. ORDER 07-11-7-7/In the Matter of the Surrender of Five County
Roads, or Portions Thereof, to the City of Cottage Grove.
Mike Jackson, Surveyor, explained that this request is to transfer five
county roads or portions of them to the city of Cottage Grove.
He recalled that between 1980 and 2006 the portions of the County roads
were annexed into the city limits of Cottage Grove.
He noted the city of Cottage Grove on September 10, 2007 passed
resolution 16-39, formally requesting the transfer.
He indicated Lane County statue 373.270 allows for the transfer of
jurisdiction. He noted that a
county and city road partnership has not been entered into, therefore this
proposed surrender will not increase payments to them.
He indicated that he has not received any comments from the public
regarding the surrender and it is recommended by the Public Works Director to
proceed with the transfer. He noted
there were alternatives.
Commissioner Stewart opened the Public Hearing.
Wilson indicated that this was appropriately noticed by Public Works and
legal notice has been met. She
added the Boardís agenda didnít say it was a public hearing so the choice is
to continue for two weeks and allow the agenda to appropriately indicate that
this is a public hearing. She said
because no one showed up, she didnít know if anyone would show up to testify.
She stated the County has met what was legally required.
There being no one signed up to speak, Commissioner Stewart closed the
Dwyer indicated the law doesnít require the agenda match the legal
notice requirement. He thought some
people might show up. He wanted to
deal with the issue. He said
everyone was in agreement and didnít see any controversy.
He didnít think there was a risk if they approved this.
MOTION: to approve
Dwyer MOVED, Sorenson SECONDED.
Stewart reviewed this and he lives in Cottage Grove.
He commented that all of these were logical to him and he did not hear of
any disagreement and he plans on supporting the motion.
b. ORDER 07-11-7-8/In the Matter of Approving a Project Design
Concept for Harvey Road, M.P. 0.86 to M.P. 1.44, Based on the Design Concept in
Exhibit A; and Authorizing Staff to Prepare a Right-of Way Plan Necessary to
Construct the Road, Pursue all Necessary Planning Actions and Prepare Plans and
Specifications for Improvement of Said Road.
Bill Morgan, Public Works, asked the Board to approve a design concept
and findings so they can proceed with the design and ultimate bidding of the
project and right-of-way acquisition. He noted that Ollie Snowden, Public Works
Director, will be coming to the board at the end of the month to discuss the
funding of the project. He
indicated in the CIP there is an asterisk on this project and Bolton Hill Road
in Veneta regarding federal funding and road funding.
He said they want to bid this project in spring of 2008.
Stewart recalled that the city of Creswell and
the Creswell School District came to him and asked if there was anything
the County could do to upgrade the road because of all of the development taking
place. He noted the County road
still has a speed limit of 40 miles per hour and they have students that cross
the road. He added that they were
able to establish a cross-walk for the students to cross, but with the
development taking place to the south of the high school that this is an
important project for the kids walking to school.
Morgan indicated that they want to urbanize the road and to provide a
safe pedestrian pathway along Neblock so they can safely cross Harvey Road to
get to the front of the school.
Stewart said he received a copy of the letters the citizens received
regarding the process, being assessed and the obligations they will be facing.
to approve ORDER 07-11-7-8.
Dwyer MOVED, Green SECONDED.
c. REPORT BACK Land Watch Correspondence.
Kent Howe, Land Management, reported on October 17 the Board discussed a
letter that was received from Land Watch. He
asked if the Board wanted a more detailed work session on this topic, he would
come back and prepare one. He
recalled there is a lot of history on this from the Land Management Task Force
that the Board established.
Howe noted in 2002 the Land Management Task Force was established.
He recalled that lot line adjustments was one of the issues the Land
Management Task Force was to address. He
said that it was a 15 member task force the Board appointed.
He added that two commissioners were on the task force and other members
were in real estate, planning consultants, surveyors and members of Land Watch,
Goal 1 and 1000 Friends.
Howe reported that the task force was unable to resolve the issues but
reached agreement that notification of legal lot verifications would address the
greatest number of issues. He noted
April 8, 2003, the task force made the following recommendation to the Board:
ďIn an effort to address the wide range of concerns identified, the
task force recommends that a legal lot determination be considered a land use
decision when resulting from complex property line adjustments and that
notification of those decisions be sent to surrounding property owners with
opportunity for appeal.Ē Howe
stated that the recommendation resulted in Ordinance No. 7-04, that was
adopted June 15, 2004. He indicated
after testimony at the public
hearing, the Board directed staff to facilitate a broader discussion of the
issues related to legal lot verifications and property line adjustments and
report back. He recalled that the
Board directed that committee working on the broader issues should be comprised
of land use consultants, attorneys, surveyors and an equal representation of
those who spoke in opposition to Ordinance No. 7-04. He noted in August 2004, the legal lot property line
adjustment code amendment committee was formed:
comprised of four land use attorneys, four land use consultants, four
surveyors and four representatives of either Land Water, Goal One or 1000
Friends. He added that the
committee met four times in 2004 and an additional three times in 2005.
He said all the members of the legal lot property line adjustment code
committee met and discussed the items. He
noted as a result of the committeeís work some of the surveyors, planners,
consultants and attorneys were concerned with the additional time it would take
for processing applications for both property line adjustments and special use
permits. He indicated that under
Lane Countyís current regulations for property line adjustments, both
processes can occur simultaneously and notice sent for both actions can save
three to nine months processing time. He
added for those property line adjustments that donít involve a companion
application, notice can be sent for the property line adjustment alone as soon
as the resulting legal lots or approve or notice can be delayed until the legal
lots are involved in a development proposal.
He noted on April 20, 2005 the committee reported back to the Board
without consensus, recommending the concepts for amendments to Lane Code but the
Board decided to not move to direct staff to prepare amendments to the code and
thanked everyone for their hard work.
Howe noted the statement in the letter from Land Watch was the
underlying problem that Land Watch has identified in Lane Countyís practice of
not reviewing and approving property line adjustments.
He added that Lane County is alone in Oregon in not requiring that
property line adjustments receive County approval.
He stated the County has a process that deals with property line
adjustments. He noted the Board
adopted a code amendment in 2004 that they have been implementing since.
Howe recalled since the Board last discussed this on April 20, 2005,
there have been 1,139 legal lot determinations and of those they sent notice on
408. He added 149 of those involved
a property line adjustment and in the last two years they have received appeals
Howe reiterated that these are site specific issues and to have general
code language to deal with the nuances that will be different on each property
was going into more detail than was of value.
He said the Board left the code as it was, their process for property
line adjustments. He indicated that
they send notice and give the surrounding neighbors an opportunity to appeal if
they think the property line adjustments are not in accordance with the law.
Since September, 2007, Howe reported they brought to the Board the Blue
River Community Conformity Determination Dredge Material disposal plan
amendments and the amendments they made to chapters 10 and 16 for the coastal
goals and that completed their periodic review efforts.
He said they are working on an administrative process that might be able
to address HB 2723 that is the validation of a unit of land.
He said the Planning Commission is dealing with the private airports and
will be bringing it to the Board on December 20.
He added that they will be bringing legislative updates to the Board in
January for 03/05 and 0/7. He
reported that next month he will be doing a status report of Measure 37 claims
and information on the Measure 49 process.
He noted that they will also be bringing the Boundary Commission item.
Stewart asked what Land Watch was recommending to the Board.
Jim Just, Goal One Coalition, thinks there is a problem in Lane County
because of the way Lane County processes property line adjustments.
He said it creates uncertainty for property owners and people who want to
develop their land. He noted the objective is to solve that problem and remove
the uncertainty. He noted there are
hundreds of illegal properties throughout Lane County and that is a problem that
needs to be fixed.
Jan Wilson, Goal One Coalition, noted they have a pending appeal against
the County of the legal lot verification procedure and their main argument in
the legal lot verification procedure is if it isnít a property line adjustment
procedure than what is a legal lot verification.
She added that they have pending appeals on a number of issues.
She commented they have a situation where the code has a bunch of
loopholes and everyone who wants to develop has to go through loopholes.
She wanted the County to look into better procedures that could give some
Fleenor reiterated that Just pointed out there was a level of
uncertainty associated with the system they have. He asked Howe if that was correct.
Howe said he heard the perception of the people that are working this
issue. He noted the legal lot
verification that involved a property line adjustment sends notice and makes a
final land use decision. He said in
his opinion, it is certainty that lot is legal.
He added that doesnít mean it is certain that the lot could be
Stewart wanted Vorhes and Howe come back addressing whether they should
be dealing with property line adjustments as they happen today, not ten years
Sorenson asked Wilson and Vorhes to set up a meeting and report back and
describe what process they would like to recommend.
Dwyer wanted to know the remedy, the effect of the remedy and the costs
of the remedy.
Stewart wanted to know if they were actually doing something different
and not meeting the law.
Green recalled the task force made the recommendation for the processing
they are currently using.
Vorhes said the biggest request is to begin the process of reviewing
whether Lane County has an overall property line adjustment that is done in Lane
County to get some review from Land Management whether it is or isnít legal
according to criteria developed. He
added that was done by the committee that followed the adoption of the process
that allows for a legal lot verification determination and notice of that
decision separate from the development application. He noted that sometimes those are done simultaneously and
sometimes separately. He thought
they could have a bigger work session around this issue to get more of the
details of what is happening with the appeals and with the substantive issue
that is involved in the litigation.
Stewart doesnít think this could come back before the Board before the
end of the year. He said they could
bring this back as a work session the beginning of the year.
d. ORDER 07-11-7-9/In the Matter of Awarding Annual Trashbusters
MOTION: to approve
Dwyer MOVED, Sorenson SECONDED.
HEALTH AND HUMAN SERVICES
a. ORDER 07-11-7-10/In the Matter of Proclaiming October 11, 2007
as "Stop a Suicide" Day in Lane County and Endorsing the Benefits of
MOTION: to approve
Dwyer MOVED, Fleenor SECONDED.
Stewart read the order into the record.
CORRESPONDENCE TO THE BOARD
Fleenor recalled that he met with the delegation from
Thailand that came by on Monday and toured the emergency operations.
He said it was organized by the Distance Learning Center.
He was given a document for the Board.
Stewart announced that next week is the AOC
Conference. He said he couldnít
be at the Agenda Team meeting for next week.
He reported that the Department of Youth Services received a $995,000
grant that applies towards youth work programs. He thanked Lisa Smith and her staff.
Van Vactor announced the money would also go to
Workforce Partnership and other agencies.
Fleenor announced that he would have coffee and
conversation tomorrow and the city manager of Veneta will be hosting the coffee
and conversation. He will also
attend AOCís meeting in Portland.
Sorenson reported the Laurel Hill Valley Neighbors
are meeting next Thursday and he will be attending the meeting.
He reported the University of Oregonís Architecture School is
having a class look at the fairgrounds.
EXECUTIVE SESSION as per ORS 192.660
Per ORS 192.660 (2)(a) for the purpose of employee
There being no
further business, Commissioner Stewart recessed the meeting into Executive
Session at 2:00 p.m.