October 24, 2007

(following HACSA)

Commissioners' Conference Room

APPROVED 9/20/2009


Commissioner Faye Stewart presided with Commissioner Bill Dwyer, Bill Fleenor, Bobby Green, Sr. and Peter Sorenson present.  County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




Item 7 a. is pulled.




John Dotson, Eugene, indicated that the199 agreement has been deleted from the state statute as of January 1.  He said it was subordinate to the annexation process.  He said the agreement allowed many liberties that were taken by the Boundary Commission and they are going away.  He said they will be under strict guidelines from the state.  He indicated in the past when a city has requested volunteer annexation, it was under the 199 agreement and that issue is off the table in future positions.  He noted in Supreme Court Ruling S53777 by the city of Beaverton and Costco, the court said in reaching their conclusion (under 222.750 under the new system,) to consider it statutory and of historical context.   He said that people who purchase property make the choice to obtain the benefits and subject themselves the burdens of property  ownership determined by the location of the property within or without city limits.  He said it stated that cities donít have power to confer outside their borders.  He stated the city of Eugene has no authority to require or subject County residents to quasi voluntary annexation in order to process County building permits.


Jim Seaberry, Eugene, said the Board is a layer of defense for the citizens of the County.  He asked if it was the Boardís intent to hold a public hearing on whether or not to adopt the city of Eugene Planning Commissionís recommendations to the city council.  He asked while having met all other legal criteria for residential home construction in Lane County if the Board concurs that after January 2, 2008 Lane County cannot refuse to cause the issuance of a building permit to a property owner within a cityís urban growth boundary if it is non-contiguous to that city.


Van Vactor reported that County staff is working on Lane Countyís process but not with the city of Eugene.  He indicated that Lane Manual doesnít require a public hearing but they could ask the Agenda Team to schedule it.


Jim Gillette, Eugene, said his property could be available for the Fairgrounds.  He said he has 100 acres of land he would be willing to give to the County for the Fairgrounds.  He said he would rather get his fine money back in fees for the County.


Michael Smith, Eugene, discussed radio town hall meetings.  He thanked the Board for letting them have the meetings.


Rob Handy, Eugene, commented that the city of Eugene has blinders on around how they are approaching the opportunity for changing how they do business and responding to the County and city residents.  He said the staff at the city of Eugene is approaching their ordinance with the ease of administration and are not looking at it in a comprehensive way or in a way that will address the issues that led the citizens to go to the legislature to get redress.  He said there is a lack of public hearings, no appeal process and the street annexation issue is coming back.  He said he was not seeking help from city staff.  He hoped the County will be involved


Philip Bulliard, Eugene, discussed item 9 on todayís agenda.  He said it is a small parcel located at the cul de sac on Pine Canyon.  He indicated the parcel of land is dedicated for utility right-of-way, pedestrian passage and emergency vehicles.  He said he owns the property adjacent to Parcel A and he was interested in obtaining Parcel A for the purpose of using it to run utilities through to the property he wants to put a house on.  He added the parcel has road access from 38th Street.  He thought it would facilitate his utility situation if he could come through the lot and have ownership.  He said he  only wants to use it for the legal use for which it is intended.  He added that he is not looking to subdivide his parcel.  He indicated there are competing interests for the parcel by other adjacent property owners. He thought the parcel should be put up for public auction.




A. Approval of Minutes

October 3, 2007, Regular Meeting, 9:00 a.m.


B. Management Services


1) ORDER 07-10-24-1/In the Matter of Authorizing the Sale of Surplus County Owned Real Property for $4,200 to Bruce and Susan Harris, Former Owners of Record (Map No. 17-04-22-32-11502, 1220 Jay Street, Eugene).


C. Public Safety


1) ORDER 07-10-24-2/In the Matter of Delegating Authority to Execute Purchase Order  229423 to Purchase In-Car Video Camera Systems from Motorola in the Amount of $189,134.10.


D. Board of Commissioners


1) ORDER 07-10-24-3/In the Matter of the Post Secure Rural Schools Strategic Planning Activities Following the 2007 Listening Tour.


MOTION: to approve the Consent Calendar.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.








Sorenson announced that this week marks the birthday of Senator Wayne Morse who was born October 20, 1900.


Fleenor indicated President George Bush was asking for another $35 billion for war appropriation.  He commented that the money is almost equivalent to the S chip program that Bush had vetoed.  Fleenor said the $35 billion will come out of the cash flow as a country.  He commented the $35 billion will be taken out of the country and put elsewhere.  He said they are approaching a point in time where they will not have sufficient money to maintain infrastructure.  He said people in the country need to be aware that the ongoing costs of the war will be destructive to society and to the communities.


Dwyer wouldnít mind sending $35 billion if he thought it would be doing some good.




a. Announcements


Van Vactor indicated that he met with Tony Bieda to go over work for the next few years.  Van Vactor stated that he plans on leaving November 16 but he would be available to stay longer if needed.


b. ORDER 07-10-24-4/In the Matter of Awarding a Contract to Stettler Supply Company, in Response to a Bid, for the Installation of a New Treatment System for the Mapleton Water District Using CDBG Funds in the Amount Not to Exceed $325,100.


Mike McKenzie-Bahr, Economic Development, explained that they received a CDBG grant to assist Mapleton with this project.  He said they have gone out to bid for the actual installation and this is for the installation.  He indicated they have funds and will be awarding it to the lowest bidder.


MOTION: to approve ORDER 07-10-24-4.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. ORDER 07-10-24-5/In the Matter of Adopting Policy in Supervision and Treatment Services/Parole and Probation on Supervision Standards for Felony and Misdemeanor Offenders, and of Establishing a Ceiling on the Number of Misdemeanor Cases to Be Supervised at Any Given Time.  (PULLED)




a. ORDER 07-10-24-6/In the Matter of Allowing the Sheriff's Office to Use $500,000 of Revenue Collected in Excess of Budgeted Revenue in the Sheriff's Office in FY 06/07.


Russ Burger, Sheriff, recalled in July 2007 after the  last fiscal year closed, they went to Finance and Audit with an item to request that they use lapse funds to build up their fleet reserves and radio reserves for obligations they have in the future.  He indicated that the Finance and Audit Committee asked that they give them the number they need.  He went back and calculated the number and with their communications needs, the amount would be $210,000.  He explained that it is  grant funding from the federal government for three different radio projects including the seven county radio project. He added that they also have the Metro Simulcast Project being implemented that includes a COPS grant for the city of Eugene and a radio project up the McKenzie where they partnered with EWEB.  He added the Countyís internal auditor has recommended they change their methodology for funding their fleet program.  He stated that they need at least $1 million more than what is in their fleet reserve to meet the requirements of a catastrophic event.  He said they were asking for $290,000 in excess lapse to begin the process.  He recalled that the Sheriffís office lapsed over $1.3 million last year, none of which was general fund dollars.  He said it was a result of revenue they brought into the organization.  He stated they will meet their 2 percent lapse and will have additional funds.


MOTION: to approve ORDER 07-10-24-6.




VOTE: 4-1 (Stewart dissenting).


Stewart said he was in favor of the communication piece but he wanted more flexibility with the $290,000.  He wasnít worried about the structure collapsing and losing their entire fleet, he was looking toward changing the way they do things.  He wanted to see if they could have more people on the ground to serve the citizens.



b. ORDER 07-10-24-7/In the Matter of Amending Chapter 54 of the Lane Manual to Adopt a Revised Emergency Operations Plan for Lane County and the National Incident Management System (LM 54.005-54.050).


Linda Cook, Emergency Management, asked the Board to amend Lane Manual Chapter 54 and to adopt a revised Emergency Operations Plan for Lane County.  She recalled over the past five years the Emergency Operations Plan has gone through a number of changes and it had been some time since the chapter has been adequately updated to accurately reflect the Emergency Operations Plan.  She asked that they amend Lane Manual Chapter 54 of the Emergency Operations Plan and adopt a newly updated Emergency Operations Plan.  She indicated they are staying on schedule for keeping the plan updated.  She added that they are to update the Emergency Operations Plan bi-annually in odd numbered years.  She recalled the updates over the past two years have involved following state guidance to make sure the plan is in compliance and that 50 elements were complied with. She added that the plan was sent to all department directors countywide and any feedback she received was incorporated into the revised plan.  She recommended putting the basic plan on the Internet.


MOTION: to approve ORDER 07-10-24-7.


Green MOVED, Sorenson SECONDED.


VOTE: 5-0.





a. DISCUSSION/Providing Direction to Staff for Disposition of County Owned Tax Foreclosed Property Identified as Map No. 18-03-08-44-02500 (Adjoins 3783 Pine Canyon Drive, Eugene).


Jeff Turk, Management Services, recalled at the end of August this matter was first brought to the Board for discussion and to provide direction.  He indicated at that meeting the Board requested he get additional information on the property.  He was also asked to find out if the city may want this property.  He explained that the subject property is a 15 by 30 foot strip of land located at an end of a cul de sac on Pine Canyon Drive, within the 38th Street PUD.  He noted in that plat this strip was designated to be used for pedestrians, emergency vehicle access and utilities.  He said they foreclosed on the property in 1993.  He said a few months ago Phillip Bulliard (who owns tax lot 600 that adjoins the subject property) contacted him about possibly purchasing the property. Turk said at the time Bulliardís interest was to possibly use it as access to his property. Turk said when he received the offer from Bulliard he contacted the other adjoining owners of the property and they in turn contacted other property owners within the 38th Street PUD.  He added the other owners were also interested in the property and submitted a competing offer.  He got additional information regarding this being in the local transportation plan.  He said from the city of Eugene, they requested that this piece of strip be included in the subdivision to provide emergency vehicle access in the event that 38th Street was developed in the future.  He said they understood other properties might be developed in the area in the future and access could be either public or private but they stated in the agreement that they didnít see it necessary to provide regular vehicle access through the end of the cul de sac as 38th Street could be extended in the future.  He added that the city of Eugene didnít express an interest in acquiring the property.  His recommendation was to dispose of it to get title in someone elseís name.


Dwyer asked why they couldnít leave it for its intended purpose, as an easement and access for the benefit of everyone.  He asked if they could sell the property with restrictions.


Turk indicated that they could.


Green asked if Bulliard was offered the opportunity to make a counter offer.


Turk said he wasnít.  He indicated that he received the offer from Bulliard and at that time he contacted the other adjoining owners and they submitted their offer which exceeded Bulliardís by $100.  He indicated that at that point he brought the matter to the Board.


Sorenson asked if they offered this for sale how it would differ from what they have already done.


Turk said this property has never been offered for sale.  He indicated the statute allows that property assessed under $5,000 and not suitable for the placement of a dwelling to forego the public auction Sheriff Sale process and be sold directly.  He said they could have an oral bidding process and that would be his suggestion.


MOTION: to ask Jeff Turk to prepare the property for auction with deed restrictions regarding utilities and state it is not for access and allow Turk to expedite the sale of the property.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0








a. REPORT BACK Assumption of Boundary Commission Responsibilities.


Vorhes reported that there will be a new application for requests for  annexation involving special districts.  He added that everything but city annexations will start coming to the County on January 2, 2008.  He indicated that the Boundary Commission will continue to function and do the things they have started until the commission itself is abolished on July 1, 2008.  He noted the statutes donít go away and some of them are repealed.  He distributed information. (Copy in file).  He indicated there was a request to the Heceta Water District and to Lane County to address an annexation decision that was reached by the Boundary Commission on property near Florence.  He noted ORS 199.507(2), talks about when there are written objections to the Boundary Commission action that could trigger an election.  He said there could be written objections by electors within the affected area or a resolution adopted by the district board governing body of a city-county, or city council of any affected city or district.  He said the request was for the Lane County Board of Commissioners to initiate the claim. He added that they donít have the authority.  He noted the Heceta Water District has indicated that none of their district area is withdrawn by the annexation.


Fleenor requested that County Counsel draft a letter that outlines this and respond back to the citizens who submitted the request.


Stewart said there will be two letters sent: one to the petitioners stating that Lane County doesnít have the authority to call an election stated in the statute and a second letter to the city of Florence with a recommendation of their consideration of calling an election.


Vorhes didnít think they had the authority but they could urge the request.


MOTION: to have Legal Counsel draft a letter written to the individual who submitted the petition that indicates the reason why they are not able to intervene at this point with attached page 652 and 652 and a second letter drafted to the city of Florence indicating that they have received the petitions and they are not able to act on the interpretation of the ordinance and have them consider a vote of the citizens.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


b. ORAL UPDATE/Senate Bill 1036.


Stewart explained that Senate Bill 1036 was passed last year in the legislature.  He said it gives the authority to local school districts to impose a tax upon new construction.  He said they are being asked as a body to collect the tax for construction that takes place in Lane County.


Craig Starr, Land Management, indicated that they havenít formally been asked but there are indications of interests from representatives of school districts saying they are looking at the ability to enact this tax.  He added that some have indicated their interest in having Lane County collect the tax for them when someone pays for their building permit.  He indicated that currently in their permit tracking system, they donít track by the school district where development is taking place.  He said they would need to make changes so they could track it if someone were to do an audit to make sure they were getting their proper amount of the tax.  He added that they would have the documentation in place to show it is happening.  He explained that the tax is $1.00 per square foot on residential for new construction or additional square footage, added to existing residences and 50 cents per square foot for all non-residential.  He added that there is a $25,000 cap on the non-residential side.


Van Vactor thought this called for a countywide approach.  He said he e-mailed the Superintendent of the Lane ESD and they were just learning about it.  He added the Bethel School District was reviewing it.  He suggested that Lane County convene a meeting of the superintendents of the 17 districts and the city managers for a discussion.  He also thought that LCOG could hold a meeting to discuss if they want to have a more comprehensive approach


Starr indicated that there is a funding provision in that if they enter into an IGA with the city, they could keep one percent of the tax they collect.  He didnít know the cost of collecting the money and he didnít think the one percent would cover their cost.  He indicated the legislation stated they couldnít retain more than one percent of that money.


Green thought they were rushing this.  He didnít think they should do it.  He thought it would become a costly expenditure and they would have no remedy to receive compensation.  He said they need to have the full cost of recovery.


Dwyer concurred.


Starr wasnít a proponent for collecting this money as this would add more work to Land Management.  He didnít want Land Management to have to take the complaints that would go along with this, especially if no money would come with it.


Stewart thought it would make the County more of a whipping post for people to complain about.  He said this makes it tougher for Lane County to improve its image. 


Sorenson thought there would be consequences if they didnít do anything.


Dwyer thought bonding was the appropriate way for everyone to pay for schools.  He said the schools need money but it was the wrong approach.


Green stated that his comments were not deemed to be construed to mean he didnít want to meet with other jurisdictions.  He didnít see other governmental agencies rushing to help the County.  He was willing to meet with other jurisdictions but he thought this would cost them in the future if they donít seek remedy for getting the true costs and services.


Fleenor thought they should be at the table and express the fact they need to be held harmless with collecting the fees.


Stewart said they will try to hold a meeting with the proper officials from the County, school districts and the cities.


c. REPORT BACK Reporting Back with Requested Information on Lane County Advisory Committees.


Dave Garnick, Budget and Finance Manager, reported back information regarding  the different committees. (Copy in file).  He indicated that they didnít do any analysis.  He wanted to make sure it was what the Board requested.


Van Vactor indicated if the Board wants to make changes, he wants to hear that direction.  



12. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(d) for the purpose of deliberations with labor negotiators and per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.




There being no further business, Commissioner Stewart recessed the meeting at 12:05 p.m.


Melissa Zimmer

Recording Secretary