September 12, 2007

following HACSA

Commissioners' Conference Room

APPROVED 8/4/2009


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




Fleenor requested that item 3 E 1 be removed from the Consent Calendar.




Ron Land, Eugene, asked the Board of Commissioners to uphold ORDER 94-1-26-3 and ORDER 94-9-27-19 and direct the Public Works Department to require an approved facilities permit prior to any road construction on E. 43rd.   He noted that E 43rd is a single lane gravel dead-end roadway, classified as a local access road.  He indicated that all of the current homes along E. 43rd were built prior to the zoning change.  He said they have had numerous problems over the past few years with people trying to construct roadways without a facility permit. He recalled in 1991 an adjacent landowner opened a previously unopened roadway. He said they took the timber and put the road outside the easements and did the work without a facility permit.  He indicated there was a stop work order in September 1991 and continuous memorandums from County officials.  He said they opposed any waiver of road standards on E. 43.  He reported in 1992 by certified mail, the Public Works Director notified all the landowners that a facilities permit was required prior to any roadwork on E. 43rd.  He noted the two board orders they are referencing accepted the roadway as a public road and mandated that the public road should include a facility permit.  He added the second order was an appeal by the person who had the stop work order and that board order reaffirmed the need for a facility permit and the standards of design for the roadway on E. 43rd.  He reported that there are two pending applications for the template dwellings.  He asked the Board to review the materials they provided and to reaffirm and uphold the prior board orders and ask the Public Works Department to require a facility permit on E. 43rd.


Roseanna McArthur, Eugene, spoke about E. 43rd Avenue..  She indicated the road is the only way in and out.  She recalled a few years ago they completed extensive repairs costing thousands of dollars. She indicated the side of the road was severely eroded due to stormwater runoff from newly built houses on Spring Boulevard.  She indicated the rules have changed and now no facility permit will be required before road construction.  She said orders approved by a previous Board were ignored by Public Works.  She said Public Works will allow road construction on E. 43rd Avenue without the benefit of engineering design and a permit.  She recalled the condition of the road that prompted the decision over ten years ago has not changed.  She asked the Board to do the right thing to direct staff at Public Works to enforce ORDER 94-1-23-3 and ORDER 94-9-27-19 requiring an approved facility permit and the property owners on E. 43rd Avenue be notified when the permit has been approved.


Don Eliason, Eugene, stated he has lived on E 43rd Avenue for 30 years.  He said that  over the last 30 years, they have been responsible for maintaining the road as their only access in and out.  He said they have had a prior experience with development in the area that used to be access to their homes.  He said it took efforts by a prior Board of Commissioners to develop the permits for this with the standards to get their neighborhood back to normal.  He hoped they could get this re-established and they would have some County supervision with what happens to their access road.  He said it will require engineering in order to make it work for them without significant problems.  He had concerns in that what is presently proposed for development, whether or not slash burning will be permitted.


Dwyer asked why the rules were not being complied with.


Wilson said it appeared that the Board made a decision in 2000 with facility permits that differs from early decisions by the Board. She added the subsequent decision would overrule the prior decisions.  She said if the Board made a change on how they were handling facility permits, the more recent decision would apply.  She didnít get to review the documentation.


Fleenor thought they should have another work session on this matter.


Dwyer said this is not related to the broader discussions of local access roads.  He said people create local access roads because they wonít build a County road and in order for them to develop their property, they need access.  He said they agree they will build the road and they set the standards.  He said they agree to maintain them.  Then they come back after the road is built to have the County take the road over.


Stewart asked to have Public Works report on these board orders and this road.


Janet Dahlgren, Eugene, said she has lived on E. 43rd Avenue for 29 years.  She said they have maintained the road all that time.  She said they are concerned because they have had the experience of a developer dumping and leaving them with a $6,000 fix.  She indicated that they had no recourse other than the courts.  She stated that they are trying to avoid that in future.  She noted it is the only way in and out of their properties.  She added that they are in a high fire area..  She stated they need the road open. She doesnít want people coming up, messing with the road and then leaving..  She wanted the County to be included.


Cindy Land, Eugene, said they are not looking for a change to the road, but they are requesting that if there is a change made, that it be done with a facility permit.  She said that E. 43rd has provided adequate access for the four homes on the road for the past 40 years.  She commented that it is inadequate for potential development and it would be unsafe with more homes on the road.  She noted there are 20 lots on the road and it is backed up to some of the most expensive real estate in Lane County.  She said in 1994 a facility permit was recommended by the management office of the Public Works Department, the Director, the Surveyor, the Planning Director, the Hearings Official and all five Board of Commissioners. She said they spent thousands of dollars to make sure the local access road was protected.  She asked for the long term safety and well being of the neighborhood to continue with the facility permit process for E. 43rd.  She added the transportation plan in 2004 that changed the local access information references that the legal liability of the County is tied back in with the safety and request of interested parties.  She said these interested parties are coming to the Board to say the road would be unsafe if it is not monitored by a facility permit process.


Dave Van Sickle, Eugene, commented on the discussion of the August 29 post boundary commission procedures.  He said the legislation eliminated the Boundary Commission and they changed the rules for island annexations.  He said County residents inside and outside the urban growth boundary pay taxes.  He asked the Board not to pass the buck by an IGA with the city of Eugene.   He noted that the Metro Plan is an agreement, not a law and they have to represent the constituents.  He asked the Board not to sign an IGA with Paula Taylor and the Boundary Commission.


John Dodson, said currently LCOG, the city of Eugene and the Boundary Commission are in a railroad situation where annexation is expressed.  He said January 2, 2008, will be the first day when all annexations will be under ORS 220 and 221.  He said he couldnít find a tie to the urban growth boundaries, Metro Plan or IGAís that make the bending of the annexation rules any different than any other counties.  He said it made the IGA null and void.  He commented that at that time, someone applying for a building permit should have the same speed of action where they are in the city or in the County regardless of annexation.


Jim Seaberry, Eugene, said he saw the Boundary Commission abridge the very thing the County thought they had, control of the streets.  He added that he saw them use the Metro Plan as a reason and rationale for annexing properties and streets inside the urban growth boundary of Santa Clara and River Road.


Kurt Williams, Eugene, stated that he is trying to get a paintball facility.  He gave the Board information.  He recalled that Fleenor was concerned about chemicals possibly being toxic to the environment.  Williams said it is just a food coloring add to paint balls.  He said it is not toxic. He said the Emerald Valley Paintball Club, a non-profit club was organized to bring other paintball players to play on either public land or private land or wherever they have permission to play.  He hadnít received anything back on organizing a club.  He said he was under the assumption that there was nothing illegal.  He added if it was illegal, he wanted to be contacted.


Stewart wanted Williams to discuss this with Kent Howe, Land Management.


Jim Gillette, Eugene,  said he lets people recreate on his property.  He wanted to make sure that he would not be in violation by letting people recreate on the land.  He also wanted some control.  He wanted a club formed.  He distributed a letter to the Board.  (Copy in file).


Roxie Cueller, Springfield, stated her concern was about LCOG.  She said the projected population forecast is a land use decision and it requires public participation.  She indicated the hearing that LCOG has scheduled on this is for September 23, a Saturday, in Oakridge.  She commented that Eugene and Springfield need different population figures given the passage of HB3337.  She said LCOG has not divided the numbers.  She said one of the reasons they gave for not dividing the population projects between Eugene and Springfield is political sensitivity.  She thought this was something that needed to be done.  She commented that Eugene is a paying client to LCOG.  She thought having the Board take on the role is better than having LCOG doing it.  She asked the Board to do it and not delay it.


Doug DuPriest, Eugene, recalled on Monday afternoon he delivered to the Board office a letter and two draft resolutions of what Sorenson requested.  He wanted confirmation they were received.


Heather Camp, Veneta, spoke on the LCOG Population projection forecast. She indicated LCOG in their proposed forecast, has elected to use Venetaís five year most recent growth rate. She noted there were issues in Veneta that precluded development from taking place.  She said when the moratorium was lifted, growth in Veneta exploded and they became one of the top three fastest growing towns in the state.  She thought that for LCOG to use the last five years as a protection for the next 23 years is nuts.  She said the numbers were crazy.  She indicated that there are three sets of forecasts they could have chosen from for 2030, one that has a forecast for 5,600 people total population for Veneta, another for 6,125, using the 15 year historic rate or 9,960, using the five year rate. She distributed a copy of an email sent by the Veneta City Manager to LCOG stating a more realistic number for Veneta would be between a five year and 15 year growth rate.  (Copy in file).





A. Approval of Minutes:

September 20, 2006, Regular Meeting, 1:30 p.m.

November 29, 2006, Regular Meeting, following HACSA

July 28, 2007, Listening Tour, 10:00 a.m.


B. County Administration


1) ORDER 07-9-12-1/In the Matter of Closing the Animal Regulation Capital Improvement Fund and Transferring the Remaining Balance into the Animal Regulation Authority Fund.


2) ORDER 07-9-12-2/In the Matter of Appointing One Member to the Lane County Budget Committee.


3) ORDER 07-9-12-3/In the Matter of Ordering the Acceptance of the Recommendations of the Benton, Lane, Lincoln, Linn Regional Investment Board Regarding Funding Projects for the FY 2005-2007 Biennium.


C. Assessment and Taxation


1) ORDER 07-9-12-4/In the Matter of A Refund to Fourteen Pines Oregon Ltd. in the Amount of $132,949.73.


D. Public Works


1) ORDER 07-9-12-5/In the Matter of Entering Into a Revenue Agreement With the City of Springfield for Right of Way and Surveying Services in an Amount Not to Exceed $200,000.


2) ORDER 07-9-12-6/In the Matter of Amending Order No. 07-7-11-11, Establishing a Timeline For Delivery of Signed Dedications For Bob Straub Parkway, Phase II.


E. Board of Commissioners


1) ORDER 07-9-12-7/In the Matter of Recognizing Ray and Kathy Robinson for Constructing and Operating the "Meadows and Lake Kathleen Railroad" in Deadwood, Oregon and Commemorating the Driving of the Golden Spike on October 13, 2007. (PULLED)


MOTION: approve the balance of the Consent Calendar.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.








Sorenson announced that tomorrow a group of 50 Oregon elected officials will be submitting a letter to Oregonís congressional delegation asking them to cut off the funding for the Iraq war.  He didnít know if it was first in the United States.  He said they are pointing out the excessive cost of the war has a significant reduction in the ability of the federal government to help elected officials with their responsibility.  He said it came as a result of a letter that seven county commissioners made last spring.


Dwyer said remonstrance constitutionally protects legislators from any kind of suit and to be able to speak to whatever issue they want to speak to.  He thinks it is important to keep this on the agenda.  He said it may or may not be related to anything they talk about.




a. REPORT/CVALCO Semi-Annual Report.


Kari Westlund, discussed and distributed the Semi Annual Report.  (Copy in file).


Fleenor wanted a visioning statement of what CVALCO would like to see in the future so they have goals they could achieve.


Westlund indicated CVALCO has projects on their strategic planning horizon.  She noted that  one is the Lane County Travel Plaza and putting a first class interface along the I-5 corridor to draw people off the freeway and into the county.


Fleenor said he wanted to participate with the Fairgrounds.  He indicated that they are looking at pilot projects to extend the LTD to Florence.  He asked how that would be a positive impact to the businesses in Florence.


Westlund said with LTD, it is hard to build market demand for something that doesnít exist, and it is a challenge.  She said they get questions about transportation to the coast.  She indicated that they would do their part to start to build the demand over time.  She didnít think it will pencil out in terms of visitor usage of the LTD system.  She thought it would be a great addition to the product they have in place.  With regard to the Three Rivers Casino, she indicated that they have already generated a significant impact with their draw of visitors to the Coast.  She commented that it is hard to market to Florence as a meeting destination because of the lack of proximity of hotel rooms to the Florence Events Center.



b. DISCUSSION/Proposed Fairgrounds Work Sessions.


Stewart said they had discussions in Agenda Setting about what they might do in the future for looking at the potential fairgrounds relocation and the Golden Gardens property.  He said the direction was to have a work session on November 6, from 9:00 a.m. to 12:00 p.m.  He added they would have presentations from Rod Markin from Markin Consulting, the comments on the 2007 Fair and results from the fair exhibitors and vendors and observations on the Golden Gardens site.  He indicated that after they have the work session, they will schedule listening sessions in each district between December and February.  He said they will also have a separate listening session at the fairgrounds for the neighbors and another one for the Golden Garden neighbors.  He said they will have a report back on the results of the listening session and whether to go onto the next phase.


Dwyer said he contacted Ray Babb, the person who made the offer with Golden Gardens.  Dwyer  said Babb would pay for the architect. He wanted the architect to be part of the first phase process.


Van Vactor said they need to be careful because they havenít executed any option agreements.  He said this was a free offer and no strings attached.


Stewart explained the Work Session 2 would be answering policy issues, discussion and direction.  He said depending on the outcome, the next steps would be to include public information.


Sorenson wanted a standardized presentation for the regional meetings so the entire population of Lane County is invited to all five meetings.


Stewart wanted all public input before they make any decisions.  He said they would remove the no-go out of phase one and leave the decision for phase three.  He added that they would reduce the listening tours to five and they will determine if they need additional listening tours.  He added that the partners should be invited and encouraged to participate.


Van Vactor said he will ask Amber Fossen, Public Information to review and describe to the citizens about the meetings and she could lay out plans.  He said they will need to report back on the Listening Tours.


c. REPORT/Population Projections.


George Kloppel, LCOG, recalled at the end of last year, they had formal requests from four cities asking that the population forecast that had been finalized and adopted two years before, be revisited based upon more current information.  He took the requests to the LCOG Board.  He indicated that they agreed to direct staff to go forward to work the numbers but to work with the Regional Managers Group as the reference body for doing the work.  He said they developed initial numbers on the recent or long term experience of the communities.  He stated that they suggested to the cities that there were four options they could use in negotiating with one another to identify their particular vision for the future development of their communities.  He noted one was to leave the population forecast that had been previously adopted in place; to adjust it based upon a 15 year trend line that had been added since the adoption; to use more short term five year trend line and to offer additional information if none of those options were acceptable or consistent with the cityís vision; to add additional information and to present it to the Regional Managers Group for consideration.  He noted that different approaches were taken by different jurisdictions based upon the civic vision of those individual cities for what they want the future to be.


Kloppel noted that the Regional Management Group, after reviewing the data concluded that it was acceptable and should be moved to the next level.  He recalled for the past 30 years the delegated responsibility from the County to LCOG  is to set the information for the population forecast.  He noted that it has been in place but they recognize the final adoption of the land use action is a matter for general purpose units of government who can take land use actions to adopt Comp Plan amendments.  He indicated while this is slated to go in front of the LCOG Board as a report at the end of this month, it might be appropriate if there is substantial public comment to keep the record open on the proposal.


Dwyer thought they would want to get public input before they get the numbers, not use arbitrary numbers.  He didnít think the decision was transparent.


Kloppel thought this could be continued to LCOGís subsequent board meeting. He added that they could keep the record open for additional comments to be submitted in writing.  He added that it is not an attempt on their part to structure something that is a rush to judgment.


Pete asked if they could postpone this and not have the hearing on Saturday September 12.


Kloppel thought the LCOG Board would be open to continuing the public hearing or keeping the record open to provide additional opportunity for the Board to reflect the comments made.


Sorenson asked why the study should be retained by LCOG.


Kloppel said it was consistent with the organizational role of playing a coordinative role between jurisdictions.  He said the County could also have that role.  He said it was important that there was a coordinated population forecast that has the support of all of the jurisdictions.


Fleenor asked how LCOG avoids a conflict of interest with respect to the countywide planning versus taking care of individual clients.


Kloppel said they are a membership association and the County and 26 other local units of government belong and are clients.  He didnít see the conflict of interest as long as they are clear they are working on behalf of the region and the collective jurisdictions involved. 


Bob Swank, LCOG, explained that the process was designed to allow the cities to have as much discussion as they desired.  He noted four cities requested the study. He added that for those cities who did want to pursue a change, there was time for them to conduct public hearings. He indicated the city of Lowell actually conducted a public hearing on the topic.  He didnít know if Veneta made it a discussion topic at a meeting, but he has a letter from the mayor that stated based on their review, they were interested in a five year trend forecast.  He commented that there was as much opportunity as local jurisdictions wanted.


Van Vactor said these forecasts are important with certain applicants to the state of Oregon for loans and grants. He asked the city managers present what they have pending for applications or grants and the timing.


Ric Ingam, Veneta, reported that for them it is a process of the numbers coming from the census.  He said Veneta was unique in their number that came out in 2000.  He added they had moratoriums and little or no growth until the 2000 census and at that time they completed their wastewater facility and Water Facility Master Plan that positioned them to catch up with ten years of growth they did not have.  He said over the past five years they have seen what other cities have had for over 15 years.  He indicated that they fulfilled the facility plans they drafted in 1998. He reported that they were capped out in what they can meet for future demand in the community.  He commented that at this point for them to adopt a new facilities plan, the population numbers have to be accepted by DEQ and other state regulatory agencies.  He said it was  important for them to have a number that adequately reflects their population growth.  He said they brought the request to LCOG from their mayor to have the numbers reviewed.  He said there was consensus from the County to all the cities that they could work with modified numbers so they could continue to meet their Public Facilities Plan and meet the water and sewer needs for their community for the next 15 to 20 years.  He stated that they have 20 years of buildable lands in their community but they donít have water and sewer needs for the next five or six years.  He added that they canít start the process until they have a new number to work with.


Chuck Spies, Lowell, commented that Lowellís situation was similar to Venetaís.  He said they are just getting started. He recalled in 2004 Lowell had a moratorium and restrictions on development because of water and sewer capacity from 1996 to 2003.  He recalled when they approached the figures in 2004, Lowellís growth rate was less than one percent.  He said they knew growth would occur.  He said in the two years since then, they have increased .8 growth rate in the 15 year historic rate to 1.6 in the five years.  He said they chose to use the 20 year growth rate that came out of the 2050 process because they had done a study on it in their coordination process.  He thought it was what their population growth would be in the next five years, should all the subdivisions they have approved and adopted be built in the five year time frame.


Fleenor said he was in favor of local control but was interested in the bigger picture.  His goal was to make sure everyone was being treated fairly..  He wanted an open policy.  He was concerned about the accuracy of the data they were using.


Ingam commented the biggest unknown is what the state comes up with for the County allocation.


Fleenor asked if they had any objection to Lane County taking over the process so there could be more public participation.


Ingam said the numbers were arbitrary and there was a minor fluctuation of five percent so Lowell, Veneta and other cities donít find themselves with a moratorium.  He thought LCOG had handled the process well and they were responsive to all four of the communities that put in the request.  He didnít know if the Board of Commissioners could be as responsive.


Kloppel suggested that they have the hearing on September 22.  He said Oakridge was one of the four jurisdictions that made the request.  He said that date could attract more public to comment and they could  keep it open and continue the hearing.


ORDER 07-9-12-15 Lane County Requesting LCOG to Postpone Its Scheduled Hearing Concerning Revising the Coordinated Body Area-Wide Population Forecast Under ORS 195.036.


MOTION: to approve ORDER 07-9-12-15.


Sorenson MOVED, Dwyer SECONDED.


Kloppel said he heard the will of the County was to add more opportunity for the public to comment.  He said they could open the public hearing on September 22, keep it open and have additional public comment at the next board meeting hosted by Lane County in Eugene at the Department of Youth Services.


Fleenor thought even if they kept the record open and had public hearings, the results would still be the same.


Dwyer thought the County should assume the authority to perform the forecast.


Stewart asked if the County takes over the process, how the process gets paid for.


Kloppel indicated there is no contract that supports it.  He indicated that it is basically an LCOG project because it was requested by the membership.


Stewart didnít understand why they would take over something they didnít have the expertise to do and no funds to do it.


Sorenson said they should make the statement they are concerned about the particulars of this public hearing.  He said they need to resolve the issue of who is paying for the population estimates, how often they are prepared and who should do them.  He thought they should vote on this motion and put the remaining topic on their work plan to see if Van Vactor could get answers to fiscal questions.


Stewart believed the process had worked in the past.  He was willing to say as a LCOG Board member  there have been serious concerns among the citizens in the outlying areas. He will ask if they can expand the public input process.  He believed there were other avenues to fix this than the order and he wonít support the motion.


VOTE: 3-1 (Stewart dissenting).


d. ORDER 07-9-12-8/In the Matter of Ordering the Acceptance of the Sixth Amendment to the Intergovernmental Agreement for the Creation of the BL3 Regional Investment Board and the Sixth Amendment to the Intergovernmental Agreement for the Regional Investment Plan Fiscal Agent.


Milo Mecham, LCOG, reported that the Regional Investment Board is a creation of the legislature and there are several throughout the state. He indicated that Lane County is a participant in the BL3 Investment Board with Benton, Linn and Lincoln counties.  He explained that the legislature this year decided they were not going to put money in for private companies to make job improvement investments in the community but in a budget note they indicated they needed information concerning the infrastructure needs of the state.  He said they gave money to the Oregon Economic and Community Development Department.  He noted that some of that money should go to the Regional Investment Boards to perform a needs and issues process.  He said in order to accomplish that, they need to make changes in the contracts regarding the Regional  Investment Board.  He added that the current IGA provides that the Regional Investment Boards will spend money that had been put into the rural investment fund the state legislature created but not in any particular place, and directed it should be spent by the Regional Investment Board.  He indicated the amendment allows for the additional funds the legislature has set aside to be used by the Regional Investment Board.  He noted this is a rush because the legislature wanted a needs and issues inventory reported back by February.


Dwyer said this needed to be sent to the Economic Development Standing Committee.  He wanted more time to understand what the real ramifications are.


Stewart thought this could be added to the agenda of the Economic Development Standing Committee for discussion.


Fleenor wanted to bring these matters before the full Board for discussion instead of going to the Economic Development Standing Committee.


Dwyer asked to bring this back next week.  He wanted to know why it was in their interest to sign the agreement.


Van Vactor asked if Mecham could tighten up the language so it is more precise.  He thought it was too broad of an application.


Fleenor wanted information regarding the work product that was expected from the Regional Investment Board with no legislative funding.  He asked what they were going to get out of the board.


e. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 11-07/In the Matter of Amending Chapter 8 of Lane Code to Adopt a New Intergovernmental Agreement Combining Fiber South Consortium and the Regional Fiber Consortium (LC 8.600, 8.700). (Second Reading and Public Hearing: 9/19/07, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 11-07 for September 19, 1007 at 1:30 p.m.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. Announcements

Public Works Employee Appreciation Event, September 20,  2007

Delta Complex, Fleet Building, Eugene

6:30 a.m. - Breakfast

11:30 a.m. Ė Lunch


Van Vactor said there will be the Public Works employee appreciation event.


Stewart said he would be there for breakfast.  Dwyer said he will be there for lunch.


With regard to Parole and Probation, Van Vactor said he met with Stewart, David Suchart, Management Services, Karen Gaffney, Health and Human Services, Rob Rockstroh, Health and Human Services and Linda Eaton, Parole and Probation.  He indicated that they went over the current plan.  He noted that the employees appreciated the direct communication.  He didnít think they liked the message, he said they would have preferred another alternative.  He noted that employees made other suggestions about satellite operations and they would be exploring that option.  He said the employees would have preferred a different location with a faster schedule.


Stewart stated that the employees are not feeling good.  He said they have a large case load and having to move and uncertainty facing the organization has them worried.  He said they need the Boardís encouragement.  He said they need to be doing all they can to support them and listen to their ideas.


Van Vactor stated he met with John Clague, Chair, PSCC to plan the next PSCC meeting.  He indicated and they will bring up the concern around the case load for the Parole and Probation officers.  He said they are going to ask the PSCC how those funds are allocated in other counties.


b. ORDER 07-9-12-9/In the Matter of Authorizing the Application to the State of Oregon for Expansion of the West Eugene Enterprise Zone (Glory Bee).


Mike McKenzie-Bahr, Economic Development, explained that this is a request to add 62 acres to the West Eugene Enterprise Zone.  He indicated that it is a three step process for an application to expand the zone.  He stated that this was not an expansion of the urban growth boundary; this property was already in the urban growth boundary.  He added that it is not a permit for development work to occur, that would be a separate process.


Dwyer noted that it was a procedure to forego taxes for a certain period of time under the Enterprise Zone statute.


McKenzie-Bahr indicated that this would allow the opportunity as development occurred for them to spend money on using sustainable practices.  He commented that to do the right thing is more expensive.  He indicated it is marginal lands on the tax roles and there is a proposed development on the property.  He noted the Economic Development Standing Committee voted for this to go to the full Board.


Fleenor indicated that he had ex parte communications.  He visited Glory Bee but it would not affect his decision today.


Sorenson said he met with the officials of the company.


Wilson said this was not a quasi-judicial determination and disclosure was not necessary.


Dwyer said he had bought honey from the company.  He said this was related to 64 acres and it is a process by which they allow someone to develop their land and use the tax free Enterprise Zone as an instrument for development.  He asked if they should entice development by allowing the expansion of Enterprise Zones that deprives them of money for the shortfall.


MOTION: to approve ORDER 07-9-12-9.


Fleenor MOVED, Sorenson SECONDED.


VOTE: 4-0.




a. ORDER 07-9-12-10/In the Matter of  Vacating the Alley in Block 48 in the 2nd Amended Plat of Fern Ridge, as Platted and Recorded in Book 6, Page 28, Lane County, Oregon Plat Records, Without a Public Hearing and Adopting Findings of Fact (17-05-03-11).


Mike Jackson, Surveyor, explained that this is an order to vacate the entire alley that runs through Block 48 in the 2nd Amended Plat of Fern Ridge.  He indicated that it is located west of the airport in Alvadore.  He recalled this was originally laid out by the subdivision process in 1913.  He indicated that this comes to the Board by way of petition of 100 percent of the landowners.  He said they are requesting this vacation in order to meet planning setback requirements.  He noted that the alleyway had not been developed. He added the only street that is connected to the alley is Eighth Street to the south.  He provided legal notice and they were not aware of any objections to the vacation process.  He visited the site and found a dwelling that appears to be encroaching in the alleyway.  He said from his initial measurements the garage straddles the alleyway.  He said the reason the Lane County assessment map was in error was that it showed it had already been vacated.  He requested that the assessorís maps be correct to show it as not vacated.


Dwyer stated that he would not vote to vacate any alley without a public hearing.


MOTION: to approve ORDER 07-9-12-10.


Fleenor MOVED, Stewart SECONDED.


Jackson said it is their recommendation for the Board to approve this.


VOTE: 3-1 (Dwyer abstained).


b. WORK SESSION/Vacation of Certain Blocks, Lots and Rights of Way in the Plats of Glenada, The South Florence Addition to Glenada and the Amended Map of South Florence Addition to Glenada (18-12-34-13, 41, 42).


Jackson indicated that this work session was called in order to receive direction from the Board so that they may finalize the vacation process for a portion of the plat of Glenada, to finish transferring the property to the state.  He added that they have a letter from the state with their comments of support and concern.  He was aware of one objection, from the Rosecrans.  He said they would like to continue use of the area to the south of their property as a roadway and the state was not in support.


Dwyer said this was what they agreed to do when they decided to sell it to the state.  He said they needed to protect the owner.  He said whether or not they are going to vacate this road was not part of the issue.  He thought the issue is what happens if they donít vacate the road with their agreement with the state.


Todd Winter, Parks, said the objection they have is the Rosecrans.  He noted the vacation of the RR2 side has been paid for by the state at their request.  He said the Rosecransí objection is that they allow a secondary access for them.  He said their request is to enter the subject property as egress to the property.


Marc Kardell, Assistant County Counsel, explained that the Rosecrans concern is that they may not have legal access.  He added that they donít use what they would ask for legal access.  He said they asked for exiting out of the southerly route.


Jackson reported that the roads are not used daily and they were not surfaced properly.


Winter noted in the original purchase sale agreement, they were going to vacate the portion of the property zoned Natural Resource, which they did do.  He added that he has already been to the Board with the purchase agreement.  He said in the agreement State Parks paid Land Management $4,000 extra as part of the option fees.  He said they want to start vacation proceedings on the RR2 side.


Kardell said even if they vacate, the state asked that if they want to leave the southerly access routes, that they state in the easement they are not allowed to be widened and the width is to be limited.  He said if people start widening, more development could go in.


Sorenson asked what the position of Parks and Land Management was with the proposed direction to vacate, but to retain a 12 foot easement.


Winter said their commitment to the community was to make sure adjacent property ownersí concerns were addressed.  He added that they wanted to make sure that the sale to the state is at the appraised price without the cutting of commercial timber or any type of ATV us.  He stated that the intent is to make sure the residents of the areas that have access or egress who were affected by the sale are addressed.  He added that they were addressed.


Sorenson asked if the Rosecrans were pleased with the option.


Jackson believed they were pleased with the option.  He believed that they fulfilled the duties they were asked to do for the state.  He said they are providing access to the north.  He added the access to the south is seldom used.    He wanted to make sure they get this to the state by the end of November.


Winter said they want to close on the option piece in October or November of this fiscal year.


Sorenson asked what the next steps would be.


Tom Dreschler, Land Management, said they will schedule a public hearing and come back to the full Board for action.   




a. ORDER 07-9-12-11/In the Matter of Creating the Classification and Salary Range for Senior Sales Data Analyst.


MOTION: to approve ORDER 07-9-12-11.


Dwyer MOVED,  Sorenson SECONDED.


VOTE: 4-0.




a. ORDER 07-9-12-12/In the Matter of Establishing 2 FTE Programmer Analyst 2 and 3 FTE Senior Programmer and Systems Analyst Limited Duration Positions for the AIRS Conversion Project and Appropriating $1,057,253 in Corresponding Expense for the Period of FY 07-08 Through FY 10/11.


Tony Black, Information Services, recalled they came to the Board in January and with the January board order, the Board authorized funding for the project.  He said the Board authorized an IGA between Lane County, the cities of Eugene and Springfield and a consulting contract for consulting services for the AIRS project.  He said they have a completed a major milestone in the project and they are ready to move onto the next phase.  He said the first phase they worked on included the architecture, development, design and methodology for security and authentication to the system.  He indicated that they are at a point in the project where they are ready to hire temporary employees to do the coding for the system.  He indicated these are temporary employees scheduled through the 2010/2011 budget.  He asked to have those positions authorized to fill.  He added the funding was part of the January board order.


MOTION: to approve ORDER 07-9-12-12.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0.  










13. 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 12:10 p.m.


Melissa Zimmer

Recording Secretary