BOARD OF COMMISSIONERS'
April 2, 2008
Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green,
Sr., and Peter Sorenson present. County
Administrator Jeff Spartz, Assistant County Counsel Lian Richardson and
Recording Secretary Melissa Zimmer were also present.
ADJUSTMENTS TO THE AGENDA
There was an Emergency Business item, a
correspondence to the Board item from DeFazio and a VMAC vacancy added
Annie Soto, announced the Sixth Annual Art from the Heart
on April 10. She said the money
goes into the community.
Eugene, distributed a follow up letter regarding the forming of the Emerald
Valley Paintball Club. He submitted
a letter on June 13, 2007 and informed the Board of a new non-profit club being
formed for the purpose of providing paintball enthusiasts in Lane County and
surrounding areas an outdoor place to play.
He said to achieve the goal, the letter stated there were several
landowners that had given permission to club members to use their land for the
purpose of playing paintball and they would receive no monetary gain from the
activity. He also asked the Board
to review the Countyís code and ordinance to make sure their club would not be
operating illegally and if they found that such activity was indeed illegal to
notify them in a timely manner so they could cease the activity according to the
laws of the County. He stated that
to date he had not received notice. He
was writing to confirm that they would continue their activities in good faith.
He indicated they have many members and are meeting on several properties
on a regular basis. He stated they
were trying to find a permanent home and asked the Board for help.
Eugene, stated he wrote a letter to the Board on September 11, 2007 asking to
make paintball legal. He wanted legal counsel to review the letter. He said he was willing to provide his land for paintball.
He said the Nature Conservancy was interested in his property knowing he
has paintball and he allows people to use the 70 miles of trails. He wanted an
answer within a week.
Ann McLucas, Eugene, thought it was a good idea to have
Jim Gilletteís property identified for hiking.
Dwyer explained that it is not up to the property
owner to determine the hiking trails; it is according to the permitted use.
Junction City, stated that she had an issue with her fence.
She indicated she and her husband bought their property two years ago and
decided to put a fence in. She
didnít know the Countyís rules to build a fence. She called Lane County Planning Department and they were told
by the County to use the telephone pole as a guide for their fence because that
would be the gauge for the property line. She
indicated that was what they did. She
reported that in December they were informed by Public Works that their fence is
on County land and is too tall. She
said since then they have been given an order for removal by April 30.
She said they never intended to do anything dishonest.
She said her fence is not much taller than her neighborís shrub.
She indicated they built their fence six feet tall to block road noise
and to keep their dog from jumping over the fence. She said in February Fleenor came out and she thought Fleenor
could find a reasonable solution. She
knew there were fees to keep their fence and they would be willing to pay them.
She asked the Board to help her find a reasonable solution.
Fleenor commented that it was a fluke that the
Brailsford property had a different set back than the neighbors on either side.
He said according to Public Works they can apply for a set back variance
at great expense. He said the
Brailsfords are a hard working family and they donít have the additional money
to gamble on whether or not it would be approved by the Board of Commissioners. He asked the Brailsfords to present their argument to the
Board to see if there is any support to have a ten minute work session with
Public Works to discuss this issue and to give the Brailsfords specificity as to
whether to go further. He wanted to
have a stay from the order that was due on April 30 until after they have time
to address this.
Sorenson asked to get the information to Spartz and
ask him to have someone from Public Works send an e-mail about the status.
Sorenson wanted to suspend the enforcement activity.
He didnít want a work session.
Dwyer indicated a prison and psychiatrist hospital is
going to be built. He thought the
road would be widened and the state would take it by eminent domain.
Green noted that Junction City went through a
planning effort around their transportation system and they might have something
to say about it. He noted that the
fence location is a clear violation of Lane Countyís rules.
He thought it would be precedent setting if they were to allow this
because then others would do it with different motives other than what the
Brailsfords have. He didnít think
the future looked good because of the changes of the road.
Sorenson said they need to give direction to suspend
MOTION: to direct the County Administrator to review
the materials by the Brailsfords, refer it to Public Works and Legal Counsel and
have someone send an e-mail back to the Board.
He also wanted to suspend any enforcement action.
Sorenson MOVED, Dwyer SECONDED.
Eugene, commented that he missed the March 19 meeting.
He said in the agenda under Consent Calendar, item 3. E. 2) spoke of
releasing property to Eugene from the Santa Clara area.
He said there was a lumping together of several subjects and it was
approved. He said it was too late
for him to do anything. He asked if
anything was from the Santa Clara area that it is not lumped together with
Bob Cassidy, Eugene, discussed the idea of charging
customers a fee for plastic or paper bags at the grocery store.
He thought it could be a good money making plan and something the County
should look into to save the bags from getting into the landfill.
Frank Lambe, Emerald PUD, presented a letter to the Board
about waste diversion at Short Mountain. He
said they became involved with Short Mountain in 1985 and they have had a long
standing contract with the County. He
said part of the contract calls for cooperation and notice between the parties.
He said they were surprised about waste diversion from Short Mountain. Lambe didnít think they were informed about the Countyís
plans to divert waste or for the County to build their own generation facility
for food waste. He said it would
take away from their generation at Short Mountain.
He noted there are unintended consequences they should consider.
He said if they take the generation away from them, they are in a
situation where they will have to go to market to replace it.
He noted that costs are going up and it is a huge hit on their consumers. He noted Article 8.8 allows for Emerald to terminate the
contact if the gas doesnít continue as planned.
He said they have four generators at Short Mountain and they are only
running two. He stated that food
wastes generate methane. He said to
take the gas away puts them in a bad position. He said they are studying whether
it is appropriate to withdraw from the contract.
He thought there was a win-win answer and he encouraged staff to work
with them as they pursue the solution.
Dwyer said he asked Mike McKenzie Bahr and the
Internal Auditor to work with counsel to assess the review the contract with
Springfield, encouraged the Board to support and pass a motion for the food
waste to energy grant. He thought
it was impossible to involve EPUD in the process.
Approval of Minutes
Assessment and Taxation
08-4-2-1/In the Matter of a Refund to SNB Properties LLC &
Rosen Products LLC in the Amount of $35,091.96.
08-4-2-2/In the Matter of Delegating Authority to the County
Administrator to Execute an Intergovernmental Agreement with the City
of Springfield to Approve Boundary Changes for Metropolitan
Wastewater Service District and Willamalane Park and Recreation District.
Health and Human Services
ORDER 08-4-2-3/In the Matter of Authorizing Submission of an Equipment
and Furnishings Grant Proposal in the Amount of $119,643 for the Riverstone
Clinic of the Community Health Centers of Lane County to the Health Resources
and Services Administration.
08-4-2-4/In the Matter of Authorizing the Sale of Surplus County Owned
Real Property for $5,200 to James and Stefanie Suess (Map No. 15-04-07-00-00900,
Adjacent to 96378 Adams Lane, Junction City).
In the Matter of Awarding Tourism Special Projects Grants for 2008, Releasing
Funds From The Special Revenue and Services Fund, and Authorizing the County
Administrator to Sign Contracts.
08-4-2-6/In the Matter of Amending Order No. 08-2-20-6,
Altering Bernhardt Heights Road, County Road No. 1112 (18-11-15 &
MOTION: to approve
the Consent Calendar.
indicated with item F 1) the projects grant, there is a 501(c)(3) organization
that he is a board member of. He
said there is no reason to declare any problem.
He said it has no affect and he has not been part of the process.
indicated for F 2) there had been an error but it had no impact on the board
ORDER 08-4-2-10 Applying for Redesignation of Oakridge/Westfir Enterprise Zone
Gordon Zimmerman, City Administrator, City of Oakridge, said they have an Enterprise Zone that runs out on Friday and they have until Friday to resubmit the application. He indicated that it has taken the city 11 years where they could sell or lease property. He indicated that it has been cleaned up and now available for sale. He noted they have three active recruitments for property in the industrial park and they want to make sure they have the Enterprise Zone incentive. He requested a resolution from the Board.
Richardson said there were some spelling errors in the order.
Kardell said the Board would look to Zimmerman to perform and submit property tax information.
McKenzie-Bahr said this was the same as throughout the state with enterprise areas.
MOTION: to approve ORDER 08-4-2-10 as amended.
Green MOVED, Dwyer SECONDED.
Fleenor stated that he went to Maricopa County and he
will put on a 20 minute power point presentation. He invited Deputy District Attorney Alex Gardner and Chief of
Police Murray Saunders to be present.
ORDER 08-4-2-7/In the Matter of Proclaiming the Month of April
Child Abuse Prevention and Awareness Month.
MOTION: to approve
MOVED, Sorenson SECONDED.
read the resolution into the record.
ORDER 08-4-2-8/In the Matter of Proclaiming the First Week of
April 2008 as Local Public Health
MOTION: to approve
MOVED, Sorenson SECONDED.
read the resolution into the record.
said as they are coming up against another Joint Elected Officials meeting in
May. He wanted to give direction to
staff as to what 190 agreements the Board wanted to have reviewed,
as there are hundreds of 190 agreements.
wanted to start with building, planning and land use in the Eugene, Springfield
metropolitan area and within the urban growth boundaries outside the city
said within the urban growth boundaries, the Board still holds the decision
making on policy conversations around the Metro Plan. He added the Board adopted the cityís regulations and made
them applicable with building and zoning regulations in the urban growth areas.
He indicated the road piece has gone away with funding for road funds and
the city county road sharing agreement.
distributed a board order that could be prepared for a work session.
wanted to discuss the board order at a work session.
wanted to know what gets done and what gets put off by working on these
agreements. He wanted a more
intelligent way of doing business.
indicated the Board had adopted a provision in Lane Manual that prioritizes the
work of County Counsel. He said
they could come back with copies of IGAís to discuss. He noted the Alsea Watershed designation was added.
He thought it might entail additional work.
thought they should look at transportation between the jurisdictions including
local access roads.
Snowden, Public Works, indicated they have 190 agreements with the City of
Eugene to rationalize maintenance they provide in River Road and Santa Clara. He
said they divide the area in districts and if it is south of Maxwell, west of
River Road to Northwest Expressway, the City of Eugene maintains the area, even
if they are County roads. He added
that the County will do everything else south of Beltline and north of Beltline
and Santa Clara. He noted there is
a patchwork of annexation and it makes provision of maintenance service better. He indicated it is a 190 agreement with the City of Eugene.
wanted Legal Counsel to review this. He
said when they designed the 190 agreements it was due to the nitrates.
He said the County didnít do the due diligence and the residents won
the lawsuit. He said they created
an entity that was designed to consume those people.
He added the element that was missing was taxation without
representation. He said the County
has acquiesced its responsibility to deal with the area to the city, but the
County is officially responsible for the governance.
He commented that the people who are making the greatest impact on their
lives are not on the ballot.
wanted to go back to agreements that are more than 20 years old to see if they
are still applicable today. He
thought they should be focusing on those issues that are contemporary and
problematic today first. He
didnít think they should do this during the budget.
His concept was to take one step at a time.
He said they have a situation in the Santa Clara area that needs
resolution that could start the process of looking at other IGAís.
He wanted to review the building and planning 190 agreements with the
City of Eugene. He was in favor of reducing the scope, with a May deadline.
He wanted a systematic review process through County Counsel, starting
with the oldest IGA.
agreed with Fleenor that they should focus on the relationship with the City of
Eugene. He wanted to wait until
June before they work on this.
said they should work on this no later than June in preparation for the July
joint elected officials meeting.
said this order was a citizen effort. He wanted to use more citizen groups to
propose board orders that would take workload off the County staff to do the
said they would start with the Building and Planning 190 agreement, specifically
with Eugene. He said they will work
it into the Board and Legal Counselís schedule no later than June.
Letter from Congressman DeFazio
reported that Lane County has been awarded a federal grant from the Federal
Highway Administration of $181,270 for rehabilitation of the Goodpasture Covered
Bridge. He wanted the appropriate
thank you letter sent to DeFazio.
reported that there was a vacancy on the VMAC Committee.
He indicated the direction they have had to this point was that unless it
was statutorily required, the Board wanted to reduce the number of members on
the committees to seven. He added that each commissioner appoints a member and
the remaining two members are recommended for appointment by the committee.
He said they wouldnít assign another person to the committee and when
terms come due then each commissioner would get representation. He recommended not filling the position.
ORDER 08-4-2-9/In the Matter of Accepting $50,000 in Grant Funding
From the Oregon Department of
Economic and Community Development to Conduct a Food Waste to Energy Study,
Allocate $25,000 of Waste Diversion Opportunity Fees as Match and Authorizing
the Appropriation of the Grant Funds.
McKenzie-Bahr, Economic Development, explained that this is a request to accept
$50,000 in grant funding from the Oregon Department of Economic and Development
to conduct a food waste to energy study. He
added this request is to also allocate $25,000 of waste diversion opportunity
fees as a match for this grant.
said this was the third grant to study converting waste stream elements to
renewable energy. He said they were
looking at using organic matter as an alternative to burying garbage.
He said the grant builds on the action taken by the Board in June to
examine ways to reduce garbage. He
requested the Board use $25,000 from the new diversion fund as a match for this
and it would be the first use of the fund for a project.
He explained that this grant is from the legislature, the governorís
office and the Oregon Economic Development Department upon public owned
noted that EPUD has raised concerns about the project.
He noted this is a study. He
and Stewart met with Mr. Lambe and the EPUD board last week and explained the
study. He said they were not
curtailing or altering EPUDís operation at Short Mountain.
He said that Lambe mentioned they had been a partner with the County for
many years. McKenzie- Bahr made it
clear that he wants EPUD involved in the process. He recalled at Public Comment,
Lambe raised two items to make sure they are included:
their renewable energy standard related to current land energy generation
and the replacement costs for their customers for the project.
McKenzie-Bahr noted in the study they were looking at a new operation and
doing things differently. He said they wanted to review the renewable energy
standards and the costs. He said with this study they would be keeping pace with the
options available. He thought there
was an opportunity to study and define technical options that benefit the County
and carry less garbage.
said this isnít just about the waste stream and what goes into Short Mountain,
this as about the overall big picture of how EPUD receives its power and how it
is allocated out. He thought they
needed to be a partner in the decisions as they move forward.
asked when the Countyís current contract expires with EPUD.
Clark, Assistant County Counsel, explained that the termination provisions from
the Countyís perspective are limited. He
said if there is a breach of the contract, there is an option for the County to
terminate, but only having to provide a 60 day notice and opportunity to cure.
said he is a supporter of EPUD. He didnít want to do anything that would cut
back on the amount of the production of energy that benefits the citizens of
Lane County. He didnít agree that doing a study would violate the contract.
MOTION: to approve
MOVED, Green SECONDED.
thought the County got the short end of the deal. He said it looked like EPUDís attorneys wrote the contract.
He said the contract says the County is to receive $20,000 for a minimum
payment and the rest of the payment is based upon electrical generation.
He said if they have a 60 day cure, he wanted the cure.
He wanted them to quantify what it would be to serve notice within reason
and he wanted to serve notice because things are changing.
He added that he wanted to give the County more options in dealing with
energy. He said if EPUD wanted to
be a partner and be treated fair in terms of its remuneration for its energy
source, it would be okay. He didnít want to enrich EPUD at the expense of the
said in the contract there are two formulas for how the payments are made to the
County. He said the formulas are
based on various elements with energy production and the sale of energy.
He said the County has been averaging $20,000 a year for payment.
He asked if EPUD is generating more revenue,
whether the County is eligible for those additional dollars.
Bolinger, Internal Auditor, said the royalty formula applies against a net
calculation. He noted that the formula has never been audited.
asked when garbage actually becomes garbage.
He said if they divert waste from the landfill, it is no longer in the
landfill. He said it calls for
notices of changes into the landfill, but if they donít put the garbage in, it
doesnít change the landfill.
said no matter what they do, some methane will continue to escape and they
canít recover it. He thought with the new technology they could keep methane
from escaping. He thought it might
be time for the Board to review this item.
indicated the contract said is it is a ten year contract with an automatic ten
year renewal unless and until there is no more methane gas.
CORRESPONDENCE TO THE BOARD
Dwyer received a letter from Chris Viglund on Camp
Creek Road. Stewart noted there
were plantings that were mowed over. He
added that Bill Manewal and Oren Schumacher from Public Works would have recommended that the plants
remain. He noted there was a
financial cost. He recommended
giving this to staff to address to make Viglund whole.
Green wanted to give this back to staff to confirm
Stewart commented that this was a common occurrence.
He asked the VMAC committee to take time to review issues like the fence
from this morningís public comment and issues
of plants. He added there is
another issue off of Game Farm Road where the Countyís equipment canít take
care of weeding. He wanted the VMAC
to look for solutions to the problems regarding rights-of- way.
He asked staff for ways to come up with solutions.
Fleenor said he has a community dialogue scheduled
tomorrow at Daniís Coffee Shop in Santa Clara with Councilor Mike Clark.
Green wanted Andy Vobora of LTD. to give a report
regarding shuttle service at next weekís meeting.
EXECUTIVE SESSION as per ORS
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 into Executive Session at 12:00 p.m.