BOARD OF COMMISSIONERS'

REGULAR MEETING

February 6, 2008

following HACSA

Commissioners' Conference Room

APPROVED 2/20/08

 

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

 

1. ADJUSTMENTS TO THE AGENDA

 

Dwyer requested item 1 b) be pulled from the Consent Calendar for Legal Counsel review.

 

Under Commissioners Business, Stewart added a Letter of Support for the Public Health Department.  He added a Discussion of the Legislative Session and potential need for someone to represent Lane County in Salem.

 

2. PUBLIC COMMENTS

 

Paul Alliguie stated he is a resident on Deerhorn Road.  He said in 1972 Weyerhaeuser gave the road to the County to maintain.  He indicated since then, the 26 residents on Deerhorn Road that is not paved have been asking the County to pave the road.  He stated it has fallen on deaf ears.  He noted in the past two and a half years they have taken active participation to have this done.  He indicated that 98 percent of the people want the road paved because of safety.  He noted that every day between 40 and 60 log trucks go down the road.  He added that each resident has three cars each.  He calculated that over a year 78,000 vehicles drive down the road.  He stated the potholes on the road make the road not safe.  He commented that a chip seal was acceptable to the neighbors.

 

Dick Metzler said they had been on the list to get the road repaired since 1993 and the County told them they road would get fixed.  He stated the road is still unpaved.  He appreciated the Board’s attention.  He commented that there is a liability issue if they just chip seal the road.

 

Robert Berry stated he is a resident of Deerhorn Road.  He said his concern is safety of the road.  He stated that the log trucks drive the road speed.  He wanted to get the chip seal done.  He thought it would help with the problems they have.

 

Jim Seaberry, Eugene, said there is still an operating Boundary Commission.  He said some things are a violation of Goal 14 and a violation of State Law 373, 270.  He added it is a violation of LUBA with regard to streets.  He noted tomorrow night the Boundary Commission meets to include streets in Santa Clara and River Road.

 

Lisa Arkin, Eugene, gave a report on the Benzene Reduction Campaign.

 

Jim Gillette, Eugene, didn’t think an Executive Session on his case was fair.  He said he doesn’t get to see the information they discuss in Executive Session.  He said in 1996 when he was told to vacate his property, the County sent the Board a letter dated July 25 and he wanted to see the letter.  He didn’t want to pay for fees that should not have been placed on him in the first place.

 

John Sundquist, Coburg, asked about the Board’s decision on January 2 where they directed staff to develop a public comment period for the use of herbicides on the roadside and whether the County should be dealing with invasive weeds.  He thought there should be an extension of the public comment period because it is hard to give comment on the website.  He asked if the Board was satisfied with the way the questions are framed and if they were satisfied with the direction the public input was taking.

 

Zachary Vishoff, Eugene, distributed information on the issue of the new basketball arena.  He stated the City of Eugene is putting more funds into the U of O baseball fields at Autzen so it could be more lavish.  He thought the draft letter on the arena was good.  He wanted it combined with his suggestions to get the neighbors the information they need to have some rights and take action if they can.

 

Thomas Brandt, Marcola, thought the County should charge large companies more taxes and then the County would have more money. He said he went to Land Management and found 1480 acres that were bought through fraud by O & C.  He commented that if the County could take land by condemnation it could put people to work in the woods.

 

3. CONSENT CALENDAR

 

A. Approval of Minutes:

February 14, 2007, Regular Meeting, 9:00 a.m.

February 14, 2007, Regular Meeting, 1:30 p.m.

November 20, 2007, Legislative Breakfast, 7:30 a.m.

January 16, 2008, Joint Elected Officials, 6:00 p.m.

January 23, 2008, Regular Meeting, 9:00 a.m.

January 23, 2008, Regular Meeting, 1:30 p.m.

 

B. Assessment and Taxation

 

1) ORDER 08-2-6-1/In the Matter of a Refund to Hynix Semiconductor MFG of American Inc. in the Amount of $7,332,497.70.

 

C. Board of Commissioners

 

1) ORDER 08-2-6-2/In the Matter of Appointing a Member to the Metropolitan Wastewater Management Commission.

 

D. Children and Families

 

1) ORDER 08-2-6-3/In the Matter of Delegating Authority to the County Administrative Officer to Amend Lane County's Contract with Family Relief Nursery in the Amount of $325,248 and Execute the Contract for a Total of $363,148.

 

E. Health and Human Services

 

1) ORDER 08-2-6-4/In the Matter of Delegating Authority to the County Administrator as an Authorized Representative to Sign Applications to Medicare and Medicaid Related to Mental and Physical Health Services.

 

F. Management Services

 

1) ORDER 08-2-6-5/In the Matter of Re-Adopting Lane Manual 4.020 Relating to Investment Policies.

 

G. Public Works

 

1) ORDER 08-2-6-6/In the Matter of Accepting the Director’s Report for Estimated Assessments for Harvey Road (County Road Number 1088) Between MP 0.86 and MP 1.44.

 

2) ORDER 08-2-6-7/In the Matter of Authorizing the Board Chair to Sign a Letter of Support for Ridgeline Area Open Space Vision and Action Plan.

 

MOTION: to approve the Consent Calendar with removal of 3. B. 1).

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

 

4. EMERGENCY BUSINESS

 

None.

 

5. COMMISSIONERS' REMONSTRANCE

 

None.

 

6. COMMISSIONERS' BUSINESS

 

a. REPORT/Extension Service Quarterly Report.

 

Charlotte Riersgard, OSU Extension Service, gave her quarterly report on the Extension Service.  She explained that for the Extension Service the loss of County funds would jeopardize their leveraged state and federal dollars that come into the Extension Service and the programs they fund.  She noted they have 900 active volunteers that have contributed over 79,000 hours to the Extension's educational programming.  She said their contribution to labor is worth about $1.4 million.  She commented that for every dollar the County gives them for the Extension Service, they leverage $3.00 in state and federal dollars.

 

Fleenor asked what the Extension Service would do if Lane County did not get Secure Rural Schools funding.

 

Riersgard said it jeopardizes the leveraged funds from the state and federal government.  She commented that things could not go on as they do today. She said they would have to reconfigure things

 

Fleenor asked if there could be any grass roots for a taxing district.

 

Riersgard said there are 16 counties in the state where Extension Service has a tax service district.  She said she researched this before and where they got stuck was with the Eugene City Council in terms of not supporting taxing districts because of the Metro Plan.  She indicated the Extension Service would only need 8 ½ cents per thousand to operate.  She recalled in the past they had gone out for three levies.

 

b. REPORT/Siuslaw National Forest, Central Coast District.

 

Pam Gardner, Siuslaw National Forest, gave an overview on the Siuslaw National Forest Central Coast District. (Copy in file.)

 

Bill Blackwell, Siuslaw National Forest, distributed a scoping letter regarding Collard Lake and Joshua Lane (copy in file) and the process of travel management planning to determine where motor vehicles will be allowed in the future.

 

c. Letter for Public Health

 

MOTION: to send the letter of support. for prevention.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

d. Discussion of Legislative Session

 

Stewart reported that Salem is having a special session for the next month and Lane County no longer has an Intergovernmental Affairs Manager.  He asked if they should fill the position with a short term contract.

 

Spartz indicated that he contacted the Capitol Club in Salem asking if someone would be interested in the position.  He indicated that he had one contact.  He said the proposal was for $3,500 per month.

 

Sorenson recommended Spartz negotiate a contract for a duration of time.  He wanted that person to work with Spartz and the Legislative Committee on the special session of the Legislature and then report back to the Board.

 

Stewart asked if the Board was comfortable with Spartz working on this with Dwyer and Sorenson, as they are on the Legislative Committee.  He hoped by the end of the week they could have the person working for them.

 

Sorenson thought Spartz should make the contract right away.

 

Green commented that the contract was under Spartz’ scope.  He thought there could be internal candidates who might be interested without impacting their current assignments.

 

Spartz asked if the Board wanted someone to monitor the Legislature or to effectively represent Lane County.

 

Dwyer wanted someone to do both.  

 

7. MANAGEMENT SERVICES

 

a. ORDER 08-2-6-8/In the Matter of Authorizing the Execution of a Quitclaim Deed Conveying County Owned Real Property Identified as Assessor's Map No. 18-03-10-10-03200 to SeQuential Retail Station 1, LLC for Consideration of $50,000 (86714 McVay Highway.)

 

MOTION: to approve ORDER 08-2-6-8.

 

Dwyer MOVED, Green SECONDED

 

Jeff Turk, Management Services, recalled that the County acquired the property on McVey Highway through tax foreclosure in September 2004.  He indicated that it was a former gas station and had substantial contamination from the oil in the soil and groundwater.  He said that SeQuential had approached the County because of their idea for a retail fueling station for biofuels.  He said there was an issue about the amount and the cost to clean it up, as it surpassed the market value of the property. He indicated through discussions with the Board that they got approval to apply for an EPA grant to clean up the property for $200,000.  He added that they entered into various negotiations with SeQuential, the DEQ and EPA.  He said the agreement they entered into with SeQuential was a lease option agreement.  He explained that the County had to maintain title to the property while they had their grant and once the grant was completed, it called for the property to be transferred to SeQuential.  He added that as part of the agreement, SeQuential also contributed $50,000 to the cleanup that covered the County’s $40,000 match to the grant.  He indicated that the project won a national award.

 

VOTE: 5-0.

 

8. COUNTY ADMINISTRATION

 

a. Announcements

 

Spartz announced that the Government Finance Office Association awarded Lane County a certificate of merit for the Budget.

 

9. PUBLIC WORKS

 

a. ORDER 08-2-6-9/In the Matter of Approving a Project Design Concept for Deerhorn Road MP 7.760 to MP 9.90 Based on the Design Concept in Exhibit A and the Addendum in Exhibit B; and Authorizing Staff to Construct the Road, Pursue all Necessary Planning Actions and, if Necessary, Prepare Plans and Specifications for Improvement of Said Road.

 

Mike Russell, Public Works, said the subject portion of Deerhorn Road is a local road with a gravel surface.  He said in November 2005 the residents approached the Roads Advisory Committee with letters and testimony asking for the portion to be paved.  He said since that time there has been consistent support for the project.  He commented that due to the reductions in the Capital Improvement Program, the program is being proposed as a chip seal project instead of a rural standards project.  He said they told the neighborhood about consequences of the chip sealing.  He said it will not straighten curves or flatten humps in the existing road.  He added a chip seal will not include guardrail installation.  He commented that transitioning from a gravel surface to a chip seal surface might cause travel speeds to increase.  He said a chip seal project will not widen the road, but will maintain what currently exists on the road. He indicated the road dead ends at a gate that leads to privately owned forest lands and the gate is currently open with log truck traffic on the road.

 

Russell indicated there are three options.  He noted Option 1 is $2.6 million, with work related to significant embankment and excavation work that needs to be realigned to meet a designed speed of 45 miles per hour.  He said Option 2 is a triple shot chip seal on the existing alignment and realigning a curve at approximately Milepoint 8.9 to meet a design speed of 45 miles per hour.  He added that estimate is $265,000 to construct the project.  He said for the remainder of the curves, they recommended signing and striping.  He noted that Option 3 is a no build and it reflects maintenance activities that would remain as a result of the gravel and application costs.  He said the option does not address the concerns of the neighborhood. He said his recommendation is to adopt the concept by the Roads Advisory Committee, to realign the curve at milepoint 8.9.  He indicated that this is a maintenance solution instead of a modernization project. He said it reflects the desire of the Roads Advisory Committee to find innovate ways to stretch the road fund dollars to meet citizens’ desires.  He said they need to accept design exceptions for the following design elements; roadway width, pavement structure, side slopes, clear zones, curvature and super elevation and site distance.  His recommendation was for approval of Option 2.

 

MOTION: to approve ORDER 08-2-6-9 with Option 2.

 

Dwyer MOVED, Fleenor SECONDED.

 

Dwyer asked if they ever asked Weyerhaeuser to put money in for the road as they benefit from using the road and they could bring it to a higher standard with less maintenance.

 

Bill Morgan, Public Works, said there is existing subgrade they think is solid.  He said the road is not exhibiting a lot of rutting.  He said they hadn’t fully investigated this option and have not contacted Weyerhaeuser.

 

Dwyer thought maybe Weyerhaeuser could help with the maintenance.

 

Green was concerned about long term maintenance.  He was concerned that the weight of the log trucks would bring down the road.  He thought they should ask Weyerhaeuser to help contribute.

 

Stewart said they would ask Weyerhaeuser about an accelerated maintenance schedule.

 

VOTE: 5-0.

 

 

b. TENTH READING AND DELIBERATION/Ordinance No. PA 1238/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Revise the Goal 5 Significant Mineral and Aggregate Resources Inventory, Redesignate from “Agriculture” to “Sand & Gravel,” Rezone from “E30/Exclusive Farm Use Zone” to “SG/Sand, Gravel & Rock Products Zone,” and Allow Mining on 72.31 Acres of Land Pursuant to the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File Pa 05-6151; Delta Property Co.). (NBA & PM 10/18/06, 11/1/06, 12/12/06, 2/14/07 & 3/14/07, 4/18/07, 5/1/07, 5/23/07, & 1/16/08). (Eleventh Reading and Deliberation: 2/20/08)

 

Stephen Vorhes, Assistant County Counsel, indicated the agenda title mistakes had caused Stewart to read a different title than the actual title of the ordinance.  Vorhes recommended having a reading and setting another reading and taking final action.

 

MOTION: to approve a Tenth Reading and Setting an Eleventh Reading and Deliberation on February 20, 2008.

 

Dwyer MOVED, Green SECONDED.

 

VOTE: 5-0.

 

10. CORRESPONDENCE TO THE BOARD

 

None.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

Per ORS 192.660 (2)(h) for the purpose of consulting with counsel on litigation.

 

14. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart recessed the meeting at 12:00 p.m.

 

 

 

Melissa Zimmer

Recording Secretary