August 20, 2008

1:30 p.m.

Commissioners' Conference Room

APPROVED 11-2-2010


Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Greens, Sr. and Pete Sorenson present.  County Administrator Jeff Spartz, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




There will be Emergency Business and a corrected item for 2 a. There will be an order for the population forecast and Hynix Letter.




a. ORDER 08-8-20-1/In the Matter of Granting an Exemption from Competitive Bidding for an Energy Savings Performance Contract for Lane County Adult Corrections.


David Suchart, Management Services, recalled he brought this to the Board in May.   He received competive bidding and in order to go forward with the contract, they need a public hearing.


Assistant County Counsel Trina Laidlaw explained the purpose of this is to seek approval for an exemption for competitive bidding for the entire project for the energy performance contract.  She recalled in May the Board approved the Phase 1 Audit.  She noted there were four phases that were separately signed contracts. She requested that the Board approve the process included in the RFP process for all of the four phases.  She noted one included construction work.  She said appropriate process is to make sure they have an exemption for all of the phases.  She said notice was published in The Journal of Commerce in Portland for statewide publication.  She added that members were given a 14 days notice.  She stated that no one requested to review the findings.  She indicated the Board will be sitting as a local contract review board.


Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 08-8-20-1.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


b. ORDER 08-8-20-2/In the Matter of Legalizing a Portion of Barrett Creek Lane, Located in The Northwest One Quarter of The Southeast One Quarter (NW1/4SE1/4) of Section 34, Township 18 South, Range 12 West of The Willamette Meridian, and Adopting Findings Of Fact (18-12-34-42).


Michael  Jackson, Land Management, recalled on December 5 last year they entered into discussions on the status of Barrett Creek Lane.  He brought a letter at that time written by the Rosecrans. He explained the letter attempted to formally terminate Lane Countyís right to use the roadway.  He was determined at that meeting to begin the formal legalization process.  His office researched this roadway and found the following:  there was no evidence of prior legalization.  He said they found a 1953 aerial photo that shows the roadway being in existence at that time.  He said because of the topography, he believes the road is one in the same.  He added that the A & T records show that the Rosecrans home was built in 1940 and that Mr. Rosecrans purchased his property in 2003.  He noted that ORS 368.201 allows for legalization of a roadway when that exists. He said they have surveyed the roadway and have designed an alignment that closely matches the current road.  He indicted the design is 20 feet wide and approximately 500 feet long.  He recalled the statutory width for a county road in 1940 would be a minimum of 30 feet and a statutory road in 1950 was a minimum of 50 foot.  He noted that ORS 368.221 gives the governing body the ability to create any width less than those described.  He stated that legalizing this road will make it a County road and will connect to public roads that were dedicated.  He added that the legalization will also allow the public and area landowners to continue to access the road.  He said they met all the posting requirements.


Commissioner Stewart opened the Public Hearing.


Frank Suniga, Salem, stated that he owns a lot on Cherry Street and they utilize Barrett Creek Road for entry.  He read his letter into the record. (Copy in file).  He indicated that the road has been there for 80 years.  He wants the Board to consider fencing the property onto their land.


John Maitland, Eugene, commended the Board on seeing the need to serve the greater need of the public and moving forward with this.  He was in favor of proceeding with the road legalization.


Jay Vilhena representing Oaesys Corporation.  He said  they own lot 1300 and they have a legal easement to go through Barrett Creek Lane to their property because the road is cut off at Cherry Street.  He supported legalization so they have completed access to Highway 101.  He indicated there are several property owners in the area and it is important that the people are able to get to their properties. 


Chip Rosecrans, Florence, stated that this issue affects his property.  He stated that Barrett Creek Lane has been used by five families.  He said there was always public access to the area by Colter Street, a platted 50 foot wide public street for the plat for Glenada.  He said that Colter Street has never been vacated.  He said a gravel road exists extending from Colter Street to Cherry Street north to the Siuslaw River.  He noted that all surrounding property owners have this access available to them.  He said when Lane County decided to sell the property to the state of Oregon, the County vacated its portion of the plat of Glenada that was being sold and in that vacation proceeding the County reserved its easement across the alternate road.  He noted that all of the surrounding property owners have been given permission to cross his property in the form of a certified letter, return receipt requested dated October 3, 2003.  He objects to the location of the road as a public road due to the fact that it crosses their property within inches of their home.  He indicated it would create a safety hazard backing out of his garage onto a public road.  Fleenor said to  him that if this comes to fruition that the County would give him a variance to allow him to remodel his home if they want.  He added that if the road becomes a public road, it would cause them to lose monetarily.  He added it would cause harm to tax lots 800 and 900 and would make the lot unbuildable.  He said there is access to the property via Colter Street and by making this private road a public road, they will cut off any leverage they have to maintain the road with all the parties contributing and policing the speed limit of the road.  He asked that the decision be delayed and reviewed until such time that the total impact of the proposed action from all the adjoining landowners can be determined and an appropriate amount of compensation can be given to the affected landowners.   He stated that no one has a written recorded legal easement to go across his property as was previously stated. He commented that granting permission does not grant permanent easement rights.  He contacted all adjoining landowners on Barrett Creek Lane and they are all opposed to this because they are the ones to be hurt most by it.


Kathy Rosecrans, Florence, stated a homeowner has a right to enjoy a quiet peaceful environment in the home and the land they own.  She said if this is passed, her rights will be taken away.   She commented the road is not safe now and there are a few people that use the road. She added they have a good relationship with the people who use the road.  She said the road will affect their home dramatically. She said if this is a County road, they will have no right or control of the speed.  She said they got a letter from the County stating they are setting aside $30,000 to sue them over the issue.  She asked the Board to consider this for safety and privacy reasons.


Lauren Madden, stated that she opposed legalizing the portion of Barrett Creek Lane.  She said she owns lot 800 and 900 that are along the proposed postion to be legalized.  She said the planning department didnít ensure that her rights to have a septic system installed in the location would be reserved.  She said if this  goes through, it will ruin the opportunity to develop her property and deny her property rights.  She noted in a conversation with her mother, Fleenor stated that Lane County would not be involved in the confiscation of her property to obtain a solution to the access issue that the property owners would be left to solve their own problems.  She stated that was not the case.   She noted the vast majority of the residents are content to leave the access issue alone and the only person affected by leaving things the way they are, are the Maitlands who have no legal access.  She said she and the Rosecrans have not granted legal access to the Maitlands.  She said their need for having a 20 foot road cannot be accommodated.  She commented that it will rob her of her right to develop her property.  She asked the Board not to approve the order.


Barbara Madden, Dunes City, said she worked on her daughterís behalf to resolve the access issue on Barrett Creek Lane.  She said she met with representatives of the County Planning Department, Anna Morrison, Fleenor and the Maitlands.  She recalled that before 80 acres were sold to state parks, she tried to trade for another  piece of property, thinking that would resolve the issue.  She noted the only thing that was offered was the lot adjacent to her lot and it is completely undeveloped.  She said they couldnít accept that.  She indicated that Fleenor told her the County would not take away property to solve the issue that they would have to work the issue out amoung themselves.  She added someone came up with Colter Street as being the salvation to the problem but that was not the solution.  She said no one can answer that her rights will be reserved because they donít know what the outcome will be.  She didnít think it was fair and equitable.


Fleenor indicated that he tried to work this out.  He added the County couldnít provide compensation. He wanted to see the neighborhood have voluntary compliance but they werenít able to do so.


John Gardner, Florence indicated that he owns tax lot 1000.  He stated the road runs on the edge of his property and above it.  He commented that to increase traffic on the road would adversely affect his property.  He thought it would detract from the value of his property. 


Bruce Leson, Florence, stated that he  has been in his property for 26 years and he is not in favor of the County legalizing it as a County road.  He indicated there is no water there.  He wanted some type of limited access easement. 


There being no one else signed up to speak, Commissioner Stewart closed the Public Hearing.


Fleenor indicated that he tried to work things out with all of the neighbors in the area and he couldnít come up with a solution.  He asked how they ensure that the citizens in the area have access on an ongoing long term basis for medical and fire response.  He said Colter Creek is not going to be improved any time soon due to lack of resources.  He thinks there is a public interest beyond transportation.  He doesnít want to intrude on private property rights but they have a duty to provide public safety and public health to the citizens.


Dwyer stated that he would vote in favor of legalization.  He commented that it is about control, not access.  He said the road had been there for a long time and it had been used.  He indicated that since the neighbors arenít willing to give, then the government has to act.  He said he would go toward legalization to make sure the people who need to get through have the right and donít need anyoneís permission and they can work out the protection of the people who might be impacted.


Jackson explained there was not prior legalization of the road.  He noted the public was using the road and it was in existence for over 50 years, as was shown on an aerial photo. He indicated that people had been using it before the Rosecrans purchased the property.


Fleenor asked about lot 900 owned by the Nevatas.  He asked if they could be granted a variance.


Matt Laird, Land Management, said he needs to find out what they have approvals for and to talk to a sanitarian about the right to install a sandfilter.  He asked if they could make that a condition of the legalization to make sure lot 900 owners are held harmless to build a house.


Assistant County Counsel Marc Kardell indicated that the Board could continue the matter.  He noted that land use is separate from the  legalization of the road.  He indicated it is for the Board to determine what is in the publicís interest.  He indicated that if they do the legalization later or if the Board is interested in moving the status from a County road to a public road, they could adjust the width of the road then.


Stewart wanted to make sure if there is septic approval that they have a variance that exists.  He questioned whether they should take action.  He wanted to wait a couple more weeks to see if they could come up with an easement access situation that limits the access to people who need access instead of a public road.  His intent is only access for citizens who need it and not for state parks.


Dwyer was in favor of the publicís right to keep access. 


Green wanted to go with what makes the most common sense for the design of the road and what reduces their liabilities and what is legally defensible.  He wanted to see this resolved  at the local community level.


Fleenor wanted to work with Marsha Miller, Public Works, bringing the stakeholders together, having a discussion on how they can all work together to mitigate this to accomplish their goal.


MOTION:  to continue this to September 24, 2008.


Sorenson MOVED, Fleenor SECONDED


VOTE: 5-0.




Councilor Koehler, Dunes City Councilor, addressed water quality concerns.  He wanted to continue to maintain more harmony between Land Management, ODFW and ODOT.  He was concerned about police protection


Mona Lindstromberg, Veneta, said there were two areas of concern discussed by Mr. Clark at the August 6 Board meeting during Public Comment.  She was subsequently contacted by Sorenson because of her involvement in obtaining documents resulting from a public records request from the Elect Rob Handy Campaign in January of this year.  She said at Sorensonís request she met on August 13 with Dave Garnick.  She said the Board was included in her e-mail to Garnick and the responses.  She recalled that Garnick concluded in his e-mail that ďthe County has now fulfilled the initial record request for Commissioner Greenís recordĒ  She said it is not true.  She indicated that they have not received copies of missing receipts totaling $2,568.87 plus a $92.65 receipt.  She suggested that copies of both the credit card statements could be obtained from the original source as there are record retention laws.  She stated that it was not until August 13 and August 15 that copies of the credit card statements were provided.  She said there was the potential for duplicated reimbursement payment.  She thought the issue could have been resolved some time ago.


Green stated he reserved the right to respond after they discuss item 8b.


Mia Nelson, Lowell, thanked the Board for their decision to allocate more money for the PSU process.  She distributed a letter from  her attorney. (Copy in file).  She said he said the forecast should go in the Special Purpose Plan Section.  She said he sited the code provision that prevented anyone other than the Board from initiating changes to the prupose plans.  She said staffís proposal in June stated that forecasts can be adopted as special purpose plans.  She said a special purpose plan does not  have to cost more than a rural  plan amendment. 


Jan Nelson, Eugene, asked if the Board had the opportunity to read the VMAC charge from Lane Manual 3.552.  She said it is to assist vegetation management along the roadside.  She asked the Board what is meant by a definite moratorium on the herbicide issue. She said the idea of  putting the Roads Advisory Committee in charge of vegetation doesnít make sense as they are different areas.  She urged the Board to leave the VMAC committee as they are.


John Sundquist, Coburg, thanked the Board for the moratorium on herbicides.  He asked to leave VMAC to serve as it is.


4. EXECUTIVE SESSION as per ORS 192.660






a. ORDER 08-8-20-4/In the Matter of  Confirming the Public Works Director's Posting of the Indian Creek Road Bridge (Bridge 39C542) at MP 11.31. (Was passed yesterday.)


b. ORDER 08-8-20-5/In the Matter of Approving the Submission of an Application to the USDA Forest Service for a Time Extension on the Use of Secure Rural Schools Title II Funding for the Inmate Forest Work Crews.


Dave Garnick, Financial Planning Manager, explained the Title II funding they have authorized by the various RACís expires September 15.  He said the Sheriffís Office (because of the layoffs made at the end of May) precluded them from finishing all the work.  He said if they donít go back to seek it, the feds will use it.  He said the proposal is to seek a time extension for the use of the funds to June 30, 2011 so they have more time to work on this and the Sheriffís Office is in need of additional funds to keep work crews going.


MOTION: to approve ORDER 08-8-20-5.




VOTE: 5-0.




Sorenson noted a number of ballot measures will be on the November ballot and next Tuesday is the deadline for voter pamphlet statements.


Green was contacted by a group called Oregonians against Unsafe Housing about Measure 63.  He said the AOC Executive Board took a position to support their efforts.




a. DISCUSSION/Association of Oregon Counties.


Stewart recalled through their budget process they were unable at the time to find a way to support their continued dues to AOC.   He wanted to see if there was interest to have Spartz review the dues to see if they can find a way to fund a portion to AOC. He thought it was important that they continue membership to AOC at some level.


Green said if they donít, it has impacts on the conference they have.


Fleenor stated that AOC is a good organization.  He said he benefited by County College.  He said the County is facing a financial challenge and to restore the membership without the discussion regarding the other memberships they have might not be appropriate.  He said AOC contains all 36 counties and 18 counties are not impacted by the loss of Secure Rural Schools funding.  He believed by them not paying dues sends a clear message to the association that this is serious.  He stated they donít have the money.


Green stated they just spent $200,000 on a population study they were not required to do.   He said it is not that they donít have the money, he doesnít think there is a will to make this a priority.


Garnick indicated the funding typically comes out of the general fund and the road fund.  He said that any increases would have to come out of reserves.


Sorenson didnít think they should make a change at this time.  He wanted to wait until they have an overview of the impacts on the reduction before they direct staff to find the funding.


Dwyer thought AOC does a good job and this is not a bad time to pay dues.  He said if they could find a way to do it, they need to do it.


Fleenor said he would rather see the money stay at home and then in the future they can become a member.


Spartz commented that it will be difficult in Salem without belonging to AOC.  He said the County needs all the friends they can find.  He supported the Board paying the dues.


Stewart believed there is a benefit for AOC.  He said that AOC makes an impact and they fight for things the County needs.


MOTION: to direct Spartz to look for funds to pay AOC dues.


Stewart MOVED, Dwyer SECONDED.


Dwyer indicated that Tony Bieda, Intergovernmental Relations Manager, has had an office space at AOC and has conducted his business there.  He thought if they donít pay the dues that Bieda wouldnít be able to stay.


Fleenor commented they are signing a pink slip for an employee next year by passing this.


VOTE: 3-2 (Fleenor, Sorenson dissenting).




a. Announcements




b. REPORT BACK/Public Information Request Pertaining to Commissioner Green's Expenses.


Garnick recalled he met with Mona Lindstromberg on August 13 and they were able to provide additional materials that had not been located.  He said according to Public Records Law, they are to provide what is reasonable and is within their control.  He said the Handy campaign requested information and the initial estimate was for eight hours worth of work.   He said since that time staff found out it would take an additional 16 hours to go through the warehouse for information that had already been provided. He said in his opinon, the County has made a good faith effort to try to find as many documents as they could for those things within their control.  He added that they provided additional information during that period that the campaign was not charged for.  He said the people making the request are having them drill down deeper when they think there is more information, but that is outside the initial request.  He thought people should fill out an initial request and when that is completed, they need to fill out an additional one.   He stated that they met the original request.  He spoke with Ms. Clark and she appreciated the personal attention and was satisfied.  He said if the Handy campaign wants the information, it is available but it is at a deeper level than what a citizen would request.  He believed that was a new request.


Fleenor wanted to make sure that as they move forward that his receipts are stored correctly.


Spartz spoke with Stewart Bolinger, Internal Auditor, and they discussed when receipts come in for the elected offices for reimbursement that each be  photocopied and be put in a separate file instead of putting them through the normal system.


Fleenor didnít think it was the Countyís responsibility to bill the customer.


Wilson stated that over the years finance staff has been cut back.  She indicated that they donít have the staffing to aggressively manage every single piece of paper.  She added there is a process in archives and from a public records management a reasonable process.  She said it costs money to find things in archives.  She said the public records law allows for the charging of the individual requester for that kind of time.  She added for that kind of time the citizen generally doesnít pay for it.


Fleenor asked why they should bill the citizen for something the Countyís canít find.


Wilson said when the initial request came in they were advised what the cost would be for two commissionersí expenses for what was available downtown and out at archives at the initial response.  She added they made choices about what they wanted to pay for.


Green stated that he knows and followed the process whenever he travels.  He indicated there have been personnel changes.  He thought the remedy suggested by Spartz was a good one.  He said as they are moving toward closure and he wanted to make it clear that he is one of 100 Oregonians that went to New Orleans for the Flight of Friendship to bring things to the victims of Katrina in 2005.  He was invited by the group statewide, including the governor, secretary of state and the attorney general to help the neighborhoods and provide encouragement for the victims.  He never doubted all the information was there.  He thanked his campaign supporters for staying the course and not being disillusioned by the subtofuge.  He indicated while he was in New Orleans he had a one on one discussion with the governor about Lane Countyís fiscal problems.  He said people came up to him and said they viewed this entire effort as nothing more than a swift boat politic of personal destruction and trying to damage his reputation as one of the hardest working commissioners statewide.  He was glad the public was not accepting this.  He encouraged his opponent to refute it and reject it.  He said they satisfied the public records request.




a. ORDER 08-8-20-3/In the Matter of  Disbanding or Restructuring the Lane County Vegetation Management Advisory Committee.


Stewart commented that for the last several years herbicide use and vegetation management has been dear to people and one of those items where people get emotional.  He offered Orin Schumacher, Public Works, an apology from the Board for e-mails that had been going around.  He commented that Schumacher was doing a great job and doing the best he can.


Dwyer aplogoized to Schumacher.


Green also apologized to Schumacher and asked him not to take the e-mails personally.


Schumacher recalled that on June 18, 2008 the Board of Commissioners acting as the Board of Health requested staff to come back to the Board at a non-delayed date to provide options for either restructuring at a scaled back level or to roll VMAC into another established committee in the near future.  He indicated that staff prepared four alternatives. (Copy in file).


Dwyer recommended keeping VMAC the way it is but reducing the time it meets.  He thought they could meet every three months.


Fleenor commented that due to the Countyís financial circumstances, he thought they should consolidate as many committees as possible, wherever possible.  He indicated the Board took a leadership role in asking for an indefinite moratorium on the use of herbicides.  He thought Option 2 will provide them with the consolidation and have institutional wisdom to pass on to the Roads Advisory Committee.  He said if they need information about an integrated vegetation management aspect, they could form an ad hoc committee from the RAC.  He requested Option 2, adding two members and moving forward.


MOTION: to move Option 3.


Dwyer MOVED, Fleenor SECONDED.


Sorenson said if they take Option 3 with the caveat that they meet less frequently.


VOTE: 5-0.




a.  Legislative Committee Report.


Alex Cuyler, Intergovernmental Relations Manager, distributed an updated committee report. (Copy in file.)  He reported they didnít have many people present at the last meeting.  He said they are asking support for an interim task force looking to modernize Oregonís bottle bill and they will be making recommendations to the 2009 legislature.  He said they have an opportunity to comment.  He indicated the issue is how to create independent redemptions centers.


MOTION: to send a letter.


Sorenson MOVED, Fleenor SECONDED.


Dwyer said he is not a fan of redemption centers as they are inconvenient for the public.  He was not prepared to send the letter.


VOTE: 4-1. (Dwyer dissenting).








Fleenor stated he is having a meeting at the Rodeo Steakhouse tomorrow.  He announced tomorrow they are opening the Jasper Road, Bob Straub Parkway extension.


Green said he will be attending the grand opening of the Grocery Outlet at the old River Road Safeway. 


Sorenson announced that he and Stewart will be attending a Public Hearing tomorrow at the U.S. Service Transportation Board at the U. S. Courthouse.


Stewart said he went to a meeting yesterday in Roseburg on Oregon Solutions with commissioners from Coos, Douglas, Curry counties and people from AOC about looking at things in light of losing money from the federal government and things they might do.  He thought there was  a disconnect with citizens as to what counties do.  He said they would be doing a feasibility study on renewable resource energy opportunities.  He thanked the commissioners for their help at the Fair.




In the Matter of the Resolution of the Coos Bay Line for the Central Oregon and Pacific Railroad Transportation Board Hearing.


Stewart recalled that yesterday the Board wanted a few changes.  He asked if this met everyoneís comments.


MOTION: to move the letter that was encapsulated from yesterday.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


ORDER 08-8-19-1 Initiating an Updated Countywide Coordinated Population Forecast Effort for Consideration as an Amendment to the Lane County Rural Comprehensive Plan.


Stewart recalled there were two issues from yesterday:  To move the amount to $75,000 and to eliminate the designation for the referral to the Rural Comprehensive Plan.


MOTION: to approve ORDER 08-8-19-1.


Dwyer MOVED, Fleenor SECONDED.


MOTION: 5-0.


Hynix Letter


MOTION: to send the letter to Hynix.




Dwyer tried to encapsulate all the concerns. 


Green thought from a protocol standpoint it was late.  He thought they should have sent it sooner but he was okay with sending the letter.


Sorenson was against sending the letter.


Fleenor thought it was an exercise in futility.  He didnít think by sending the letter to Hynix that it would make any difference.


Stewart also wondered if this was timely but he supported sending the letter.  He wanted to let the employees know they wanted to try to find a solution.


VOTE: 3-2 (Sorenson, Fleenor dissenting).


There being no further business, Commissioner Stewart adjourned the meeting at 5:30 p.m.


Melissa Zimmer

Recording Secretary