February 13, 2008

1:30 p.m.

Commissioners' Conference Room

APPROVED 3/12/2008


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




Fleenor wanted to discuss Florence facilities permit under Commissioners Business.




a. ORDER 08-2-13-1/In the Matter of Amending Lane Manual Chapters 20 and 21 Public Contracting Rules to Reflect Changes in Law, Roles and Current Practice.


Trina Laidlaw, Assistant County Counsel, explained that the Board was sitting as a local contract review board and a local contracting agency.  She noted the Boardís role as the local contract review board is to have a public hearing for changes to Lane Manual Chapter 20 that could affect public improvement contracts.  She said for the public hearing, the Board is to take comments on the draft findings for any exemption from competitive bidding requirements related to the public improvement contracts.  She noted the drafted findings are included in the agenda packet (Exhibit A.)  She added it also includes findings that cover other County contracts.


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


MOTION: to approve ORDER 08-2-13-1.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.




Lynn Fogus, Veneta, said she represented her neighbors on Biggs Road.  She  indicated indicted  that Biggs Road has been closed for any vehicles over seven tons and the fire district stated that they would no longer respond to calls except to a vehicle less than that.  She commented that it eliminates services and they need help. She said last year the people on the road had a meeting and they volunteered to look up  solutions.  She reviewed things and they were not able to find anything that would be a solution they  could afford.  She commented that everyone who lives on the road are working class  people. She said the bridge needs to be replaced instead of repaired at a cost of $70,000  She said the County had not spent any money.  She didnít know how many permits were needed to put the bridge in.  She didnít realize the cost was so much.


Stewart indicated there are four options in the packet.  He asked if there were any other recommendations or other ideas


Fogus asked to possibly looking into getting an easement that would go from the end of  Biggs Road and extend to Fleck Road.  She didnít think that would require a bridge.  She didnít know if doing something like that would require the County signing off on how the road is built.


Mia Nelson, Lowell, said there were letters sent to people to return the population  forecast to LCOG because it was state she controls all the land in Lowell.  She said she has been struggling to make a living in Lowell.  She said she is a middle class working  person.  She said she has 100 acres in Lowell and her projects have comprised 43 percent of the total new houses and 36 percent of the lots.  She distributed information from the City of Lowell. (Copy in file).  She commented that her life savings and livelihood are on the line.  She said she has made the Mayor of Lowell mad because she  has taken action to protect herself.  She stated there is a campaign to attack her character. She thought that LCOG would give Lowell a different forecast than a person hired by the County.  She didnít think she was relative to this issue.  She stated that she had done nothing wrong and had no agenda other than being treated fairly.


Tom Wheeler, Cottage Grove, South Lane Mental Health, said they are a private non-profit organization.  He said he has worked there  for 15 years.  He indicated that they have 29 staff that serve 1,000 per year.  He added that almost all of their clients are poor.   He said they have grown a lot over 15 years, but over the last five years they havenít be able to grow because they are in a rented office where 17 staff share 11 office spaces.  He  said they have searched for a building and last fall they signed a lease for the old Mt. David Medical Clinic.  He said they are applying for an $800,000 community development block grant.  He said they are raising matching funds to meet the goal and they have been successful in their fundraising.  He said he met with the Lane County Economic Standing Committee and applied for the $100,000 grant to help them purchase the building with the idea that once they are able to move into that building, they will

be able to add 11 additional staff and serve 300 additional people per year that donít have health insurance.  He noted that Dwyer recommended strongly that they be awarded the $100,000.


Tracey Engholm, Veneta, said she and her husband work and farm and they go across the bridge and haul farm things.  She said the canal collects water and if it wasnít there there would be more houses and farms that would suffer in times of heavy rain.  She said   they need help.




A. Approval of Minutes:

January 16, 2008, Regular Meeting, 1:30 p.m.

January 30, 2008, Work Session, 8:30 a.m.


B. Board of Commissioners


1) ORDER 08-2-13-2/In the Matter of Rescinding Delegation to Lane Council of Governments Regarding Population Forecasting.


C. Assessment and Taxation


1) ORDER 08-2-13-3/In the Matter of Approving the Cancellation of Personal Property Uncollectible Taxes.


D. Children and Families


1) ORDER 08-2-13-4/In the Matter of Approving Membership Recommendation.


E. Management Services


1) ORDER 08-2-13-5/In the Matter of Authorizing the County Administrator to Execute a Four Year Lease Agreement with Michele Bo Victor, PC for $54,336 Total Revenue for Office Space at 540 Oak Street, Eugene (Bus Barn Building).


F. Public Works


1) ORDER 08-2-13-6/In the Matter of Dedicating Land Owned by Lane County and Accepting it for Public and County Road Purposes for Letz Creek Road (County Road Number 398) (20-05-20).


2) ORDER 08-2-13-7/In the Matter of Dedicating Land Owned by Lane County and Accepting It for Public and County Road Purposes for Green Hill Road. (County Road Number 465), (17-04-07, 08, 17 & 18).


MOTION: to approve the balance of the Consent Calendar with item  B. 1) pulled.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


4) B)


Stewart said he received letters from the mayors asking Lane County to take the work that LCOG has done, review it and adopt it or if they canít do that, to try in an expedited manner to put together a process to accommodate the coordinated population forecast


Dwyer said they could expedite this but it needs to be sound.


MOTION: to approve ORDER 08-2-13-2.


Dwyer MOVED, Sorenson SECONDED.


Spartz said Kent Howe, Land Management, told him that census track boundaries do not follow any particular jurisdiction boundaries.  He said there is layering that will have to be done with this work.  He said Howe indicated it would be a fairly significant project if they do it themselves.


Stewart indicated they were waiting for Howe to come to the Board to explain the process.


VOTE: 5-0.









a. REPORT from Department of Revenue Re: Tax Refund Status (Hynix).


Anette Spickard, Assessment and Taxation, noted that industrial property under Oregon Law is the responsibility of the Department of Revenue to appraise.  She said they give values to place on the tax statement and handle any appeals or corrections to the account.


Vera Kerriger, Department of Revenue, reported that with Hynix, they determined a correction to the tax role for the 2002, 2003 and 2004 years based upon their attorneyís advice from the Attorney Generalís office. She added that they do not have authority to change the original role value for those years.  She added with their appeal, they need additional time to review and come to a resolution on the years of 2005, 2006 and 2007.  She said Hynix has authority under the law to appeal the current year 2007/2008 and they are allowed to have two years prior, for a total of three years.


Dwyer asked what the refund would be.


Spickard said if the Department of Revenue sends her an order to correct the rule for the amount they previously gave her for 2005/2006 and 2006/2007, the refund would be about $2.5 million, where they were originally looking at $7.3 million.  Her understanding is that under Oregon law there is no legal authority for anyone to go back to years prior to 2005.


Stewart indicated that Lane County was only doing at the County level what the state authorized.  He said it was not a mistake that Lane County found.


Spickard said she has been receiving calls from the local taxing districts because they all share in the burden of the refund.  She said as soon as she gets the specific information, she will notify the taxing districts.


Stewart wanted to get this matter worked out as soon as possible.


Spickard said she would be bringing this item back.


b. Facility Permit


Fleenor said this was brought to his attention through Public Works and private citizens that the City of Florence has requested an expedited facility permit to allow an extra territorial 1.3 mile dry sewer pipe extension into the urban growth boundary.  He said board ORDER 02-1-16-4 authorizes the county administrator execution of joint agreements for planning coordination with the cities of Coburg, Cottage Grove, Creswell, Florence, Junction City, Lowell, Oakridge Veneta and West Fir.  He said it was initiated in 2003 and within the document there is a section where it says the city will provide the county with the opportunity to review and comment on the follow actions proposed by cities prior to cities issuing the decision pursuant to state and local law: applications for land use applications for water and sewer service extensions.  He asked if the Board had any interest in reviewing this issue. He asked what their obligation and responsibility is to the extra territorial extension in relationship to their land use rules.


Dwyer asked what the Countyís duty was to citizens being impacted by the extra territorial extension.


Wilson understood what had transpired was a request to Public Works for issuance of a facility permit.  She said it is not the same thing for an extra territorial extension of service that triggers land use.  She indicated that they issue facility permits for use of their roadways.  She said the responsibility they have for a facility permit is clear notification that it is not approval of any land use action or permission.  She said they still have to go through and complete the normal land use opportunities and the City of Florence has not agreed to extend sewer service nor have they requested comment on it.  She said it is an opportunity because a fiber optic cable trench is being dug on a County road by a private company and they were willing to allow additional things placed in the trench for the potential future.  She indicated there has been correspondence with Steve Vorhes, Assistant County Counsel, regarding the relationship between the facility permits and the land use actions.  She said Vorhes advised additional caution be placed in the facility permit to remind everyone that it is not approval of the extra territorial extension of service or any exercise of land use authority by the County.


Ollie Snowden, Public Works, explained that this is due to a fiber optic company bringing cable and they want to use Rhododendron Drive to locate the fiber optic cable.  He added that Rhododendron Drive is still a County road inside the city from Shelter Cover, to the city limits in the Fawn Ridge subdivision.  He noted it is unincorporated from Fawn Ridge to Driftwood Shores and that is the section where they want to bury the cable.  He said the city wanted to take the opportunity to save money by putting a dry sewer along the same section.  He said they want to make it clear if they issue the facility permit that there is no varying on whether there is approval or agreement from the County on the dry line extension. He said if the Board wants to put a notice out and have a public hearing on the issue of an extra territorial extension, the city would withdraw the piece of the facility permit and they would only co-locate the sewer extension inside the city limits.


Dwyer thought they need to have a work session on the ramification of the facility permits and dry line extension.


Stewart asked if they could add verbiage to the facility permit that if the line is put in that it is not to be used beyond the city limits until it has the proper authority after a public process.


Snowden replied that a facility permit approval does not authorize the extension and if the extension were to be declared illegal by LUBA in the Courts that the city would have to meet with the County before they would mitigate it.


Wilson said the reason for opportunity by the County on extra territorial extension is because they have a coordination agreement with the City of Florence.  She said land use law requires a coordination arrangement between each city and the County so the citizens are well served and aware of what is going on.  She said it doesnít necessary require a public hearing.  She didnít know if they had any say in the cityís extra territorial extension of service.


Stewart thought there was enough information to extend this to a work session.


Snowden indicated that state statute says the utilities have the right to locate within the right of way.  He said they have the ability to control where the utilities go in the right of way, but it was questionable whether they could prevent having the utilities located in the right of way.  He said he was prepared to have his staff issue the facility permits for this project tomorrow.


MOTION: to direct the County Administrator to see the permit is granted within the city limits but hold the permit from a decision outside of the city limits and work with the agenda team to set up a work session.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.









a. Announcements




b. ORDER 08-2-13-8/In the Matter of Awarding Contracts for Strategic Investment Projects Selected Through the 2008 Economic Development RFP Open Proposal Cycle and Authorizing the County Administrator to Sign Project Contracts.


Mike McKenzie-Bahr, Economic Development, explained that the Board has to make the decision if the project is worthwhile or if saving the money is more worthwhile.  He said it would come to the Board on whether it needs to be funded.  He indicated that four projects have been recommended by the Economic Development Standing Committee.: $50,000 for Enterprise Rent a Car; $50,000 for Newood Picture Manufacturing; $100,000 for Eugene Pipe and $100,000 for South Lane Mental Health.  He added the award for South Lane Mental Health is contingent upon the award of the state CDBG funding prior to that funding being made.  He noted for South Lane Mental Health, the action would be to attach a letter to their CDBG application saying the Board had made the funds contingent upon them receiving that award.


Fleenor requested the Board consider a last minute application from Junction City.  He said the City of Junction City voted on the application.  He noted the applicant partners are Junction City and Lane Microbusiness for the amount of $80,000. He indicated the project is entrepreneurial development for small business owners.


McKenzie Bahr asked if it was for a letter of support


Fleenor requested the chair submit a letter in support of Junction Cityís CDBGís application.


McKenzie Bahr didnít know if there was time to get a letter of support for other projects.  He said there is no request from the County.  He said there was a request for a letter of support.


MOTION: to approve ORDER 08-2-13-8.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.


MOTION: to give a letter of support for Junction Cityís CDBG grant.




McKenzie Bahr noted there are no matching funds for this.


VOTE: 5-0.





a. REPORT BACK Perkins Bridge Creek Bridge on Biggs Road (as Local Access Road).


Bill Morgan, Public Works, recalled that in November they were given notice from the state bridge engineer recommending that Perkins Creek Bridge be posted for  four tons, seven tons and six tons.  He said it was limited to passenger traffic and pick up trucks.  He said it was due to increased load bearing capacity from the deterioration in the wooden bridge decking. He said Public Works posted the bridge after that and the Board asked them to investigate some options and cost estimates so they could do a report back to see how they proceed.  He added on the policy issues, pursuant to Lane Code, expenditures of  road funds on local access roads are not authorized unless the Board adopts an order and resolution.  He indicated that this is a local access road. 


Morgan said when they first came back, Mr. Fogus suggested using a 9 foot culvert.   He said they looked at it and because the channel is for a floodway, installing a 9 foot culver would not work. He said they looked under Option 2 for proposed multiple culverts.  He said they would have to install four 142 foot wide by 91 foot high culverts at a cost of $335,000.  He noted that Option 3 is the lowest cost.  He said they would look to rehabilitate the existing wooden bridge, based upon the information in the ODOT inspection report. He said it would include replacement of one of the wood pilings with a steel piling, replacement of the wood pile caps and replacement of the decking.  He said they asked ODOT if it had enough load carrying capacity to carry emergency vehicles and they said it would.  He said they indicated it would be able to carry  emergency vehicles from Lane Rural Fire District rated at 27 tons.  He noted that every time ODOT inspects the bridge, they are looking at the existing wood pilings and determining if they are decayed.  He said they could only estimate from five to ten years of extended service life for the cost of $70,000.  He said Option 4 is a flatcar bridge.  He said they would purchase the flatcar and use a prefabricated concrete abutment.  He said it would meet 27 ton loads and the estimate service life for a flat car is 20 to 30 years with the total cost of $135,000.


Morgan said they held an informational meeting this past Monday and additional items came up.  It was suggested they look at pre-constructed bridges.  He noted there were bridges left over from OTIA III bridge projects.  He said they could use old slabs.  He thought estimate could be up to $150,000 because of the unknown substructure.  He added they got an estimate of $175,0000 for a steel premanufactured bridge.  He noted another item that came up was to get a roadway easement constructed to Fleck Road for a cost between $75,000 and $100,000.


Dwyer asked what the neighbors were willing to do.  He wanted Option 4, the flatcar bridge.  He said the rating would allow for emergency vehicles.


MOTION: to move Option 4.


Dwyer, MOVED, Fleenor SECONDED.


Fleenor thought Option 4 would total $6,075 per year.  He agreed a flatcar bridge was more optimal and efficient.  He asked who would pay for the bridge.


Snowden said it is the Boardís choice.


Green said if the County has to put money in, he would want the least amount.  He asked if Option 3 could work.


Morgan thought Option 4 was a good recommendation. He said they have County labor to provide the work.  He thought a way to address the equity issue would be to  have the neighbors pay for the materials and Lane County provide the labor to install it.  He said the cost is $25,000 for the flatcar. 


Dwyer asked how much the neighbors were willing to pay.  He added this is a local access road and the neighbors needed to take some responsibility.


Morgan indicated the neighbors wanted the County to pay for it.  He said they did not get to further negotiations.


Sorenson thought Fleenor and Morgan should meet with the neighbors to discuss the options. 


Fleenor asked if they could split the cost and the portion by the residents could be apportioned by their property values as a lien against their property.  He said they would get paid when their house was sold.


Stewart preferred the railroad car as it was a longer fix.  He did want the citizens to contribute toward the project.  He thought it was a life safety and health issue.


Green said that Option 3 is not a good option and Option 4 was best for the long term.  He thought they should have a policy discussion about these types of bridges for future reference.  He agreed about sharing costs with the neighbors.


Dwyer recommended authorizing expenditure of the road funds to fix the problem immediately.  He said they could direct Morgan to work with the neighbors to see what they could afford to pay and then they could either assess for the cost of the work or they could waive parts of the assessments.  He said if they authorize Public Works to do it, the question of life safety is taken care of.  He asked how it was going to be paid for.

Fleenor wanted to cap the amount at $150,000 if Public Works thinks they would exceed it.


Stewart wanted staff and Fleenor to meet before next week to come up with a recommendation.


Fleenor asked for another commissioner present.  Dwyer said he would help and he withdrew his motion.


Snowden recalled that ODOT told them they might be out in March.


Fleenor withdrew his seconded.


Stewart said Fleenor and Dwyer will meet with residents between now and Wednesday and they could make a recommendation to the Board as to how they should proceed.  





a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING Ordinance No. 3-08/In the Matter of Amending Chapter 4 of Lane Code to Add Exemption to Car Rental Tax for Carbon Dioxide Offset Program (LC 4.255). (Second Reading and Public Hearing: 3/12/08, 1:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 3-08.


Dwyer MOVED, Sorenson SECONDED.


VOTE: 5-0.








Green announced he would be attending the AOC meeting on Monday.


Sorenson was informed that the  Fusion Voting Bill was approved by the Committee of the Oregon Legislature and it got a referral to the Ways and Means Committee.  He thought the County needed to redouble its efforts.


Dwyer announced that tomorrow is Oregon 149th birthday and it is also Valentineís Day.


Fleenor stated he was scheduling a community dialogue in Veneta at Robbieís Window Box  Cafť.


Stewart thanked people who volunteered to work for the Project Homeless Connect.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660  (2)(e) for the purpose of deliberations with real property negotiators.










There being no further business Commissioner Stewart recessed the meeting at 3:30 p.m.



Melissa Zimmer

Recording Secretary