BOARD OF COMMISSIONERS'

REGULAR MEETING

November 7, 2007

following Board of Health

Commissionersí Conference Room

APPROVED 12/1/2009

 

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

 

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 Agenda Team.

 

Item 9a, should be November 17, 2007.

 

2. PUBLIC COMMENTS

 

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.

 

3. CONSENT CALENDAR

 

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 Families

 

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  18-12-34-24-01000).

 

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 Services Department.

 

MOTION: to approve the Consent Calendar.

 

Green MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

4. EMERGENCY BUSINESS

 

None.

 

5. COMMISSIONERS' REMONSTRANCE

 

Dwyer 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.

 

Sorenson 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.

 

6. COMMISSIONERS' BUSINESS

 

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 them. 

 

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.

 

VOTE: 5-0.

 

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.

 

VOTE: 5-0.

 

7. COUNTY ADMINISTRATION

 

a. Announcements

 

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 Contracts.

 

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 training.

 

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 business.

 

Dwyer MOVED, Fleenor SECONDED

 

VOTE: 5-0.

 

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 was fair.

 

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 achieved.

 

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 forward.

 

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 scoring.

 

VOTE: 5-0.

 

8. PUBLIC WORKS

 

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 Public Hearing.

 

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 ORDER 07-11-7-7.

 

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.

 

VOTE: 5-0.

 

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.

 

MOTION  to approve ORDER 07-11-7-8.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

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 on 10.

 

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 certainty.

 

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 developed.

 

Stewart wanted Vorhes and Howe come back addressing whether they should be dealing with property line adjustments as they happen today, not ten years from now.

 

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 Awards.

MOTION: to approve ORDER 07-11-7-9.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

9. 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 Depression Screen.

 

MOTION: to approve ORDER 07-11-7-10.

 

Dwyer MOVED, Fleenor SECONDED.

 

Stewart read the order into the record.

 

VOTE: 5-0.

 

10. CORRESPONDENCE TO THE BOARD

 

None.

11. COMMISSIONERS' ANNOUNCEMENTS

 

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.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

Per ORS 192.660 (2)(a) for the purpose of employee personnel hiring.

 

13. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 2:00 p.m.

 

Melissa Zimmer

Recording Secretary