September 19, 2007

9:00 a.m.

Commissioners' Conference Room

APPROVED 8/26/2009


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




Discussion on the Boundary Commission will be added under Commissioners Business.




Ron Land, Eugene, re-enforced the public testimony by all current homeowners from E. 43rd, to request the Board uphold two prior board orders and direct the Public Works Department to require an approved facility permit prior to any road construction on E. 43rd.  He explained that E. 43rd is a single lane gravel road connected to Spring Boulevard and is currently classified as a local access road outside of the Eugene city limits and outside of the urban growth boundary. He indicated it is the sole access to their homes.  He said they are afraid someone may come along and do what they want. He recalled 16 years ago a heavy equipment crew showed up and Lane County issued a stop work order involving the utilization of E. 43rd until the facility permit restrictions could be met.  He stated on September 10, 1992 the Public Works Director sent a certified letter to notify all landowners on E. 43rd that a facility permit was required.  He recalled in Lane County board order 94-1-26-3, E. 43rd was accepted as a public roadway and was required to have certain standards and required a facility permit.  He said without a County facility permit, someone could show up and do what they want to do with the roadway.  He said the County wonít require a facility permit and this is their sole access to their properties.


Cindy Land, Eugene, indicated when the Transportation Plan was changed in 2004, those directly affected were never notified of the change. She said they spent thousands of dollars and hundreds of hours in trying to protect their neighborhood.  She said they have had trouble in the past and they want to be proactive, keeping others from coming in and making a mess.  She said they were asking the County to allow the facility permit process that was already board ordered to continue to protect them and the public in the future.  She said it was a proactive way of making sure things are taken care of. She commented that the facility permit process is set up so everyone is following the same rules.  She wanted to see a proactive approach to the roadway to make sure the emergency vehicles could pass.   


Jim Gillette, Eugene, said he made an offer that he thought was fair and instead of the County negotiating, they rejected it and he is now back in court.  He wanted LCOG to hire hearings officials.  He said he didnít do anything wrong. He stated that he helped the homeless crisis.


Jim Goez, Cottage Grove, stated he represented the Lane County Health Advisory Committee.  He spoke in favor of the Benzene resolution that will take place later in the day.  He stated that air quality issues are a priority of the Health Advisory Committee.  He commented that Benzene levels in Eugene are ten times higher than the national average.  He stated that they need to encourage County employees not to excessively idol their vehicles and not to top off their gas tank.  He said the Health Advisory Committee unanimously supported this.  He encouraged the Board to support it.


Zachary Vishinoff, Eugene, distributed an article from last year about the basketball arena. (Copy in file).  He talked about growth at the University of Oregon.  He thought the public would want to work with the existing Fairgrounds to avoid sprawl.


Lisa Arkin, Eugene, distributed information on Benzene. She thanked the Health Advisory Committee for bringing this forward. She asked the Board to support this resolution.  She indicated that Multnomah County adopted a Benzene resolution.   




A. Approval of Minutes:

September 27, 2006, BCC Regular Meeting, 1:30 p.m.

November 29, 2006, BCC Regular Meeting, 1:30 p.m.

July 24, 2007, BCC Work Session, 9:00 a.m.


B. County Counsel


1) ORDER 07-9-19-1/In the Matter of Amending Chapter 60 of the Lane Manual to Revise Law Library Fees (60.865).


C. Public Works


1) ORDER 07-9-19-2/In the Matter of Authorizing the Sale of Three Parcels of County-Owned Surplus Road Fund Real Property Located on Filbert Avenue, Eugene and Identified as Tax Lots 17-04-23-44-4600, 4601 and 4700.


MOTION: to approve the Consent Calendar.


Fleenor MOVED, Sorenson SECONDED.


VOTE: 5-0.












a. 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, indicated there were some problems that County Counsel had raised.  He didnít get the chance to consult with County Counsel to determine if the amendments go far enough to deal with the questions that were raised.  He said the questions were whether or not the proposed amendments were specific enough and provided limitations on the authority of the Regional Investment Board to spend money.  He explained that this time the state legislature did not put money into a fund for the Regional Investment Board.  He added that they gave general fund money to the Oregon Economic and Community Development Department and directed in a budget note that the Oregon Economic and Community Development work with the Regional Investment Board to carry out the new process.  He noted the legislature is regarding the Regional Investment Board as a utility player.  He said they have done well in terms of promoting job growth and helping private industry develop jobs.  He indicated that this would help Lane County get a list of economic development projects that would be brought to the attention of the legislature.  He added that it would help Lane County in terms of working with the Lane County community, developing an economic development strategy for Lane County.  He indicated the OECDD is changing its rule so in the future they donít want to fund economic development projects.


Dwyer stated that he didnít like this.  He asked what happens if they say no.  He commented that it is not about giving money, it is about control.  He indicated that the budget note was driving this.  He stated that if they donít do it, they need to send a message to the legislature that they need a program they could follow, not to be developed as they go along.


Green asked what the risks would be if they didnít vote to come forward with this.


Wilson said they were concerned that the amendments being offered were broad.  She indicated the state was looking for a Needs and Issues list and a six year strategic plan.  She thought they were good reasons for the County to be involved.   She indicated that the state controls the money but it is to the Countyís benefit to stay in and get the money. She wanted to work with Mecham to craft amendments to the IGA among the counties and Cascade West.


Mecham indicated that they need to have resolution to this in the next couple of weeks.  He explained that until these amendments are completed, they canít contract with the state.


Green asked for staff direction to work with Mecham, to give the County more clarity and not take action on this subject to review by Legal Counsel.  He said if time permits, to have the standing committee come back to the Board to meet a timeline to take action on something more positive for Lane County.


MOTION: to have staff meet with Mecham and to not take action on this subject to review by Legal Counsel. 




VOTE: 5-0.




a. Announcements


Van Vactor reported the 2007 Legislature abolished the Boundary Commission but it remains in effect in Lane County through December 31 and then the responsibilities are divided between the county and the cities.  He recommended contracting with LCOG for the transition.  He noted there is a major record keeping function the Boundary Commission has been performing and it will need to continue.  He added they only have three months to get this in place and Lane County will need to adopt some processes in Lane Code.  He indicated there are some legal issues and unique law applied to Lane County.  He didnít think long term that this would require any additional staff.  He indicated that was the reason for the contract.  He added that Land Management has $53,000 from the reserves to spend on this.


Green asked about the ambiguities.  He also asked about the record keeping


Stephen Vorhes, Assistant County Counsel, explained that some of the ambiguities are created by the law and the actual transfer.  He said an issue is whether there is authority for the County to assess for this process in a manner similar to what the Boundary Commission is doing under authority of the law that still exists after the transition but in a different fashion.  He added another issue is what happens when there are city annexations that also require annexation of a special district like Metro Wastewater or Willamalane Park and Recreation District where the boundaries also have to be moved.  He indicated that the cities will take care of annexations to the cities and the County will take care of everything else.  He said they should let the cities become the decision makers.  He noted that one of the criteria they will be looking at when doing special districts is compliance with the Comprehensive Plan. He added that there is other criteria that apply.  He indicated under the law, the commission itself goes away at the end of the fiscal year, June 30, 2008 and applications for new boundary changes after January 1, 2008 go to the city or the County depending on what the application is for.  He added that the Boundary Commission will continue to function on pending applications until June 30, 2008.


Green asked what the general public will experience that is different than today.


Anette Spickard, Assessor, responded that the only record they are involved in is that they receive the end result of the Boundary Commissionís work.  She added all the data is there including maps, taxing district information, the information from the public hearings held or special findings. She said they do all of the prep work and it is approved by the Department of Revenue by the time it gets to her.  She said they get into a concern that if there is not a process set up to handle these efficiently between January and March 31 of next spring, they could have to wait to implement changes and the taxpayers would not get their corrected information on their tax statement the following October.


Annette Newingham, Elections, indicated over the years she, Paula Taylor, Boundary Commission, and Wilson have met with individuals to show them how to do boundary changes.  She said there needs to be something set out as formation of districts are detailed and take a great deal of time.  She added without the Boundary Commission part she thought she would be a major contact at Elections that starts the process of meeting with all the participants.


Dwyer asked how much money would come over with the transfer.


Van Vactor said the money in June transferred to Lane County.  He added that they havenít built a budget for this but he didnít anticipate a significant amount of funding needed.


Stewart was comfortable with the process in place. 


Fleenor wanted a report back in April or May to know how the process is going.


Van Vactor indicated the city of Eugene asked what actions the County has taken for their deliberations.  He prepared a letter with attachments to the Board for review.





a. ORDER 07-9-19-3/In the Matter of Reducing Airborne Benzene by Encouraging the Ending of the Practice of "Topping Off" Fuel Tanks and the Unnecessary Idling of County-Owned Vehicles.


MOTION: to approve ORDER 07-9-19-3.




Stewart read the resolution into the record.


VOTE: 5-0.




a. DISCUSSION/East 43rd.


Ollie Snowden, Public Works, explained E. 43rd Avenue is about 3,500 feet in length.  He indicated there are two permit applications that have been received by Land Management for dwellings and they are both on hold at the request of the applicant.  He said the area is zoned F2.  He recalled in 2001, the attorney general issued a letter opinion to ODOT on the legal uses of road funds and there were issues that led them to review their facility permits.  He said they had a discussion with the Board about charging fees for facility permits. He recalled there were several work sessions in 2002 the Board went through and on August 13, 2002 there was a board order directing them to cease issuing facility permits on local access roads and to work with the fire districts to get some process set up so the fire districts would certify that when development took place on local access roads, the fire district would acknowledge or certify that the access provided was sufficient to provide fire service.  He noted in 2004 the Board adopted Lane Code changes pursuant to that direction and in 2005 they had a work session on local access road policies. He indicated on January 1, 2005 they started charging fees for facility permits. He added in 2006 there was another order regarding how staff would deal with complaints or citizen requests relating to potential hazardous situations on local access roads. He recalled there was a situation in the early 1990ís with Egge who was beginning to do some work.  Snowden indicated at that time they were requiring facility permits on local access roads and they needed a permit.  He said Egge never got a facility permit and if there was a planning application, it expired and nothing further happened.  He indicated the people they are dealing with now are different owners.


Kent Howe, Land Management, indicated this is outside the urban growth boundary.  He said since they are not regulating local access roads, and if there are activities that are forest management activities related to harvesting trees, Lane County is precluded from regulating forest practices. He indicated that falls under the Forest Practices Act.  He said road building activities are not part of development related to dwellings on tax lot 1800 and 2300. He added because they have pending land use applications on tax lots 1800 and 2300, there is a potential for this to be an ex parte contact.  He indicated they could put the proceedings from this discussion into the land use records.


Stewart asked what would happen if the road is damaged.  He asked if the road met the standards to service the lots. 


Snowden said damage happens and it is not an uncommon occurrence with local access roads where there are residential connections with the bulk of the road and resource land at the end. He indicated that the County doesnít have maintenance responsibility and the ORS doesnít define who has the maintenance responsibility.  He said the residents are faced with picking up any maintenance repairs on the road from logging damage


Stewart asked how the road gets upgraded.


Howe explained with the applications for dwellings on lots 1800 and 2300, they will impose under land use regulations the fire safety road design standards they must meet.  He added if there are grade issues, they will have to be addressed.  He said the requirements in the forest zones will be part of the conditions of approval of land use applications to site dwellings.


Stewart asked if this could be turned over to a local improvement district where there is a mechanism where they wouldnít go to the Board, but another entity to get approval to do road widening and that it is done properly.


Snowden indicated in the newer developments where they require local access roads as part of a subdivision, there would be CCRís associated with them.  He thought it was difficult to go back to roads prior to subdivisions.  He thought an improvement district could be formed.


Tom Stinchfield, Public Works, explained an improvement district was a complicated process. He added it would require forming a taxing district.  He didnít think that was what the property owners on E. 43rd were asking for.


Green asked if the property owners in the area could form a homeowners association that would include certain requirements with maintenance and upkeep of the road.  He asked what the fix could be for the neighbors.


Stinchfield indicted the property owners have an informal arrangement to maintain the road.  He said it requires the cooperation from all of the owners.  He said the County doesnít have a role or a process for them except for a formal district process.


Snowden thought when the Board acted on August 13, 2002 to cease issuing facility permits on local access roads that superseded any activity and any discussion that took place in 1994.


Vorhes said there was a land use decision reached by the Board on forest dwelling applications that included with it the condition of getting a facility permit to do whatever needed to be done on the road to be used for that dwelling.  He recalled that was the process the County was involved in with local access roads.  He indicated that permit expired and the condition and the requirement under that action is no longer valid and expired by the time the Board addressed the issue on a more global basis and took the action of not requiring facility permits for local access roads.  With regard to previous board action, he didnít think there was an ongoing obligation for a facility permit; it was only done in the context of that land use permit.  He added when that expired, the requirement no longer existed. 


Snowden said if they are going to put a dwelling on parcel 1800, they will have to meet the fire standards.  He noted in the F2 zoning, they will have an inspector from Land Management inspecting the property and they will get certification from a registered engineer that it has been built to meet the standards in Lane Code.


Stewart asked if they could as a board, uphold the order and request a facility permit for the road.  He wanted a better process for a construction update on a local access road.  He said they need to make sure the road stays within the County right-of-way.


Snowden indicated these were issues the Board discussed previously.  He said since the County was not going to maintain the roads, for anyone to do anything on the roads would require a large facility permit fee. He indicated on a County road for improvement, a fee for a facility permit is $1,000 as a deposit but with the understanding that the developer or applicant would actually pay the full expense of the Countyís time to administer the facility permit. He said if the Board wants to require a facility permit on this particular road, it could be done.  He added it opens a series of questions about roads.  He indicated they have had several recent calls about road improvements on local access roads.


Fleenor said the people need to pay for the services provided and they need to cooperate with the existing neighborhood as part of the process.  He wanted to re-examine this issue.


Dwyer wanted to re-examine this issue, starting with E. 43rd.


Snowden indicated the requirements are already present in Lane Code Chapter 16 for these parcels. He said it is a matter of imposing a facility permit process on top of that.  He thought they could use the same fee structure they have in place for County roads:  $1,000 deposit and 100 percent reimbursement of Countyís staff time to administer that building permit.


Fleenor asked what would happen if they did nothing today.


Howe responded if they do nothing today and they move their land use applications out of the hold status, (moving toward a completion of an approval for a dwelling on those properties) they will condition the approval that they meet the template dwelling on those properties. He added that they will need to meet the road fire safety design standards in Lane Code Chapter 16, that requires the 20 foot right-of-way and 12 foot improved pavement and gravel of a certain depth. 


Celia Barry, Public Works, explained the conditions of approval routinely require that they maintain the road in perpetuity in order to retain house insurance.


Stewart wasnít comfortable with this.  He said it is in the County ownership but they donít maintain it.  He wanted to come up with a process and a better solution.


Green requested staff bring back something to the Board.


Dwyer said he would be willing to discuss a process but not with the idea they are going to take in all the local access roads and maintain them.  He said these people knew what the roads were like when they bought their property.  He didnít want to fix all of the problems.


Fleenor said his expectation of the work session is to have a fair, equitable and just process by which individuals who knowingly purchase their houses on local access roads have a process that is reasonable, logical and accountable as the particular local access road continues to expand with future development.  He said individuals who are there should not be penalized for additional development. 


b. REPORT BACK Eugene/Springfield Metropolitan Area General Plan Letters to Eugene and Springfield.


Green stated that he was out of town when he first read the letter from Springfield regarding the 190 agreements.  He took Springfieldís desire to accelerate the process as a threat.  He indicated they have a response in front of them that is a good response but he thought it was premature.  He wanted to give the chair the opportunity to meet with the mayors of Eugene and Springfield to share the Countyís concerns again and let them know they have a Board that is anxious to have the Countyís five points laid out to see what they are thinking.  He added if Stewart reports back that the two mayors are not willing to accommodate the Countyís five points, and then a letter should be submitted.


Dwyer was not opposed to sending the letter.  He indicated that Stewart meets with the mayors every month and these issues have been ongoing.  He thought it needed to get to the level of the city councils, not just the mayors.  He didnít think the letter needed to be threatening, but it needed to be educational.  He thought sending the letter would give Stewart talking points when he meets with the mayors.


Van Vactor thought they needed a letter expressing interest about a joint meeting and the development of a joint work plan with each government getting one or two issues that are a top priority to be worked on in the next year with a schedule and benchmarks.  He thought there could be other issues that might have a high priority.


Dwyer said when they expand the urban growth boundaries; they give away all the farmland.  He said if they care about growing food and Class 1 to 4 soils, they need to change the urban growth boundary because urban farms are important too.


Green wanted a discussion about the creation of an urban renewal district that takes County property taxes off the roles and what it means to the County.


Van Vactor thought they could have plan policies in the Metro Plan regarding urban renewal.


Stewart said he will send the letter including asking for a joint elected officials meeting.  He suggested the meeting to be no later than January 31.  He said they want to discuss prime farmlands being used up in urban growth boundary expansions, conversations on service districts, urban renewal tax roles, SDCís parks fees and discussion about the Metro Plan and where they are going.  He noted at the outcome of this joint meeting, there will be a joint work plan where two or three items from each jurisdiction will be on the work plan and they will set benchmarks for that year and the progress of the items to be worked on.





Letter to City of Eugene Pertaining to Delta Sand and Gravel


MOTION: to send the letter.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 4-0. (Green excused).


Letter from LRAPA


Sorenson thought they should refer it to the Planning Commission, asking them to hold a Public Hearing and to make a recommendation.


MOTION: to direct staff to bring back the matter of amending their ordinance regarding the particulate matter and prepare a notice for a Public Hearing and bring back to the Agenda Team for scheduling and refer it to the Health Committee.


Sorenson MOVED, Fleenor SECONDED.


VOTE 3-1 (Dwyer dissenting, Green excused).





Fleenor asked the Board about a follow-up to the BLMís resent presentation about the Western Oregon Plan Revision.  He requested that the Board of Commissioners draft a letter to Mr. Sheppard asking for an extension of at least 180 days for citizens and other elected officials sufficient time to digest the information and all of the ramifications within the proposal.


MOTION: to send a letter to Mr. Sheppard asking for an extension of at least 180 days.


Fleenor MOVED, Sorenson SECONDED.


VOTE: 4-0. (Green excused).


Stewart reported that on Monday he sat in on Region 2 large project list meeting with ODOT.  He said there are two I-5 large projects on the list from previous years:  the Beltline I-5 interchange and the Coburg interchange on I-5.  On the second list, the West Eugene Parkway was still on the list and he had it removed and in place of the West Eugene Parkway, he asked the Beltline Delta interchange and Beltline from Coburg exit to River Road exit be replaced as the regional project of significance.  He attended a visioning townhall meeting in Cottage Grove last night that was attended by over 300 citizens.  He believes the process with the Listening Tours and reaching out to the public is a positive way to connect with the citizens.


Fleenor announced that the city of Dunes City is having a disaster.  He said Siltcoos Lake has been officially closed because of an algae bloom.  He added that the residents of Dunes City will be without water for two weeks or more.  He asked if the National Guard should be activated.


Stewart said that Fleenor should meet with Linda Cook, Emergency Management, to see if she knows how to replace the water supply.


Van Vactor said if a city is overwhelmed by a problem, they are to ask the County.  He hasnít seen anything formal to the County.  He added that the request would go to Linda Cook,  she evaluates and if they needed to have the Board do something they could act on it.


Rob Rockstroh, Health and Human Services, said he talked to Jeff Lang, Environmental Health, and Lang is aware of it and things are being handled.  Rockstroh indicated that signage is going up.  He added that the Sheriffís Department is aware of the problem.  



12. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(a) for the purpose to consider employment and per ORS 192.660 (2)(d) for the purpose of deliberations with labor negotiators.






There being no further business, Commissioner Stewart recessed the meeting at 11:50 a.m.


Melissa Zimmer

Recording Secretary