BOARD OF COMMISSIONERS
March 12, 2008
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 indicated the Parole and Probation item was
pulled for more information. Stewart
wanted to know the ramifications if they loose the Secure Rural Schools funding
and Parole and Probation was to stay in Health and Human Services.
Fleenor added an item for Correspondence and Commissionersí Business.
Florence, said he is the new Port Manager.
He discussed the topic of the 40 acres of land in Florence. He said the
land was an asset to the port and to Western Lane County.
He said they want certainty and they requested clarification from the
Board on this matter. He said they want to move forward on this issue. He said
the benefit of grading, compaction and storm sewers was accrued to the City of
Florence regarding the airport issue and the designation of shovel ready has
been conveyed to this property by the State of Oregon. He said they have
allocated $20,000 toward Rhododendron Drive improvements.
He added that the city needs to further improve the intersection.
He said the property is not in the same condition it was ten years ago.
He thought benefits could accrue to the City of Florence and the County.
John Scott, Port Commissioner, Dunes City, said that
part of their concern is what infrastructure to put in place given the 40 acres
is one of the best industrial sites remaining within the urban growth boundary
in Florence. He said they were
hesitating to put in the infrastructure because
they donít know if the potential buyers would require it.
He commented that they havenít had a surge in economic development but
some of the properties have been sold in the adjacent Florence industrial area
and they think with some improvements of the road through the property that it
would become more viable. He wanted
to work with the Board to satisfy the requirements.
He wanted an extension of time of a few months to comply. He indicated
that they want to run a road from Rhododendron to the city industrial property.
He added it is the only tsunami escape route for two miles on the road and it
would be beneficial to the local residents.
Eugene, thought the problem was with Stewart regarding his case. Gillette asked if Stewart could arrange a meeting with
Charles Warren and Mr. Harrang.
Stewart stated that he met with Harrang and Warren
twice. He said they are not
involved the situation between Gillette and the County.
Gillette said staff had made serious errors on his
property. He wanted another commissioner appointed to his case with no political
issues. He said he never deliberately lied to the Board, although sometimes he
might give wrong dates. He doesnít want his case dismissed because he is going
to put the Ridgeline Trail through his property.
He wants his property to be a park.
He doesnít know why the County is fighting him instead of helping him.
Springfield, says she works for the school district and is involved with
homeless families. She said this
week is Parenting Awareness Week. She
commented that it is more expensive to do prevention than incarceration.
Mika Singer, represented Birth to Three.
She commented that it is important to work with parenting education on
the front end. She said when people
provide educational support, it saves lives. She noted that for every dollar
invested in the community, $17 dollars are saved.
28, 2006, Work Session, 6:00 p.m.
13, 2007, Work Session, 9:00 a.m.
20, 2007, Work Session, 9:00 a.m.
13, 2008, Regular Meeting, 9:00 a.m.
20, 2008, Regular Meeting, Following HACSA
20, 2008, Regular Meeting, 1:30 p.m.
08-2-20-10/In the Matter of Authorizing the Use of $25,000 of Video
Lottery Funds to Defray the Costs of County Permits for Public Benefit Community
08-3-12-1/In the Matter of Appropriating Funds in the Amount of $125,000
in Fund 265 and Delegating Authority to Contract with Looking Glass Youth and
Family Services in the Amount of $102,711 for 17 Months for the Runaway and
Homeless Youth Initiative.
and Human Services
08-3-12-2/In the Matter of Authorizing Submission of a Grant Proposal in
the Amount of $295,851 for a Lane County Demonstration Project on Protecting
Vulnerable Populations during a Public Health Crisis to the State Department of
Health and Human Services (DHS), for DHS Application to the Centers for Disease
Control for Funding.
08-3-12-3/In the Matter of Approving a Contract Amendment with
ShelterCare for Housing for Severely and Persistently Mentally Ill Homeless
08-3-12-4/In the Matter of Dedicating Land Owned by Lane County and
Accepting it For Public and County Road Purposes for Kelso Street (County Road
Number1965 ) (17-04-04 & 09).
MOTION: to approve
the balance of the Consent Calendar with item E. 3) 1) pulled.
MOVED, Fleenor SECONDED.
asked why they were going to accept more public roads into their system.
He asked if it had to do with development that is occurring.
He asked if it was in the interest of the County to create a road.
wanted this reviewed by the Roads Advisory Committee.
stated the way the Board order was written, that it wasnít clear. He agreed
MOTION: to approve
MOVED, Green SECONDED.
said he was disgusted with what happened with the governor of New York.
commented that Holvey, Barnhart,
Nathanson, George Brown, Chris Pryor and he did not get any opposition in the
election. He said it shows how
difficult the work is to represent people and how few people are looking at the
challenges in doing the work. He
said only a few people are stepping up.
Westlund, CVALCO, gave her semi-annual report. (Copy in file).
Alsea Watershed Council.
said he was asked by the Alsea Watershed Council to have the Board of
Commissioners recognize them as an official watershed.
He said he was able to obtain the Lincoln County board resolution that
recognizes them as a watershed. He
noted that parts of the watershed are in Lane County.
He asked the Board if they wanted to recognize the Alsea Watershed
thought it was an important watershed. He
thought it was a worthy goal and
they should support it.
wanted legal counsel to bring back a draft resolution so that it would be
County Counsel Stephen Vorhes said the Board had adopted policies in Lane Manual
on how to recognize watershed councils. He
indicated that this had gone through the formulation process. He thought the
Board should look at the work they did, review it and reach a resolution taking
action, without following the same process they used for the other watersheds in
Lane County. He said they have to
look at adding the Alsea Watershed Council into the manual.
to Support Water Storage Project
said he had a joint meeting with EWEB and OWEB, the DLCD and the City Manager of
Veneta. He was informed that there
was about $20,000 of grant money they could obtain, but they need to submit this
letter before March 15. He asked
for the Board to support this. He
indicated it is a study that will determine the needs in the Willamette River
Basin for broader access to the water stored in the federal projects
administered by the Corps of Engineers.
MOTION: to provide a
letter of support for the grant.
MOVED, Dwyer SECONDED.
SESSION as per ORS 192.660
ORS 192.660 for the purpose of consulting with counsel on litigation.
08-3-12-5/In the Matter of Accepting $250,000 in Grant Funding from the
Alternative to Field Burning Research Fund to Identify Options for Energy
Production from Grass Seed Straw and Authorizing the Appropriation of the Grant
McKenzie-Bahr, Economic Development, reported that this was initiated by the
Board and it has been moving forward in the process. He said the grant has been awarded.
commented that it was a good example of what they can do when they work
thought this was a win-win situation for everyone.
MOTION: to approve
MOVED, Fleenor SECONDED.
supported alternative ways for incentives to dispose of waste instead of burning
Regular Report from Area 5 Manager Sonny Chickering.
Chickering, ODOT, reported that they are in the process of recruiting a new
region manager. He said that Cherry
Creek road is going to be regraveled to the highway. He added that a culvert
will be addressed in Walton that is going to be put on the work program and the
speed zone in the area had been made longer.
He indicated they will be participating in Rhody Days including a safety
fair and a bridge lighting of the Siuslaw Bridge. He stated that the Beltline study is a priority. He noted the
speed study on 126 East is being conducted.
He added that they rescoped the I-5 Coburg project and they were taking
that version out to the public and moving toward a solution.
He indicated that removing the sidewalks on the Walterville Bridge was
not an option, but they were going to install reflectors so they are more
visible to traffic.
regard to preservation, Chickering said there are five overlay projects.
He reviewed the estimates and they are over their estimates.
He indicated they were short by $9 million.
He said the decision was to make a proposal from each area to get funded
projects. He indicated that one of
the cuts was to Highway 101 between Sutton Creek and the Siuslaw River. He noted
on Highway 126 East, there is a section between Deerhorn and Greenwood that is
in good condition. He said by
canceling those projects and applying the money to the other three projects,
they are only $1.5 million short. He noted the surviving project is Highway 58
near the Salt Creek Tunnel. He
noted the major preservation project is on Highway 126 for 18 miles.
He added that the project on Highway 99 between Barger and Washington
Jefferson Bridge will be $1.5 million short.
wanted a more thorough evaluation on Main Street from I-5 to 42nd
indicated that there wasnít a project on the books but it is evaluated every
two years by ODOT.
wanted to add the evaluation to add a few years more for the life of the road.
asked that Chickering e-mail the Board when they learn of energy initiatives.
He thought ODOT should play a large part of this.
wanted information on Delta and Beltline on the agenda.
.REPORT BACK Process Update Relating to Processing Applications for Annexations
to Special Districts Pursuant to Senate Bill 417 and ORS Chapter 198.
Schulz, Land Management, recalled that last December the Board adopted fees and
instructions to provide guidance for processing applications related to special
district boundaries. She indicated that they completed developing the forms and
instruction sheets for annexations to special districts.
She noted that the Boundary Commission is still processing the final 25
applications that came in December. She indicated that the forms are posted on
the web. She said they are
continuing to provide responses to inquiries and developing educational and
informational meetings. She stated that an update of the actual implementation
of the process would need to be provided later because they havenít had any
applications come in.
Newingham, Elections, explained that the forms are not fully tested because they
have not had a real application. She
added that they put together a draft on the formation of a district.
asked if someone wanted to be annexed into a city if they had to go to the
cityís application process.
indicated that was correct. She
said there is the possibility of an IGA with the City of Springfield so there
would be a one step process if someone wanted to annex to the
City of Springfield. She
added that there would be a simultaneous process by the City of Springfield for
the annexation to Willamalane and the Metropolitan Wastewater Service.
She indicated that they have also proposed one for the City of Eugene for
the Metropolitan Wastewater Service District.
asked how they could turn around the applications to enhance customer
responded that when the application is brought to Elections, they will act on it
right away. She indicated that it
would go through a process. She
said at the point that it is submitted to Land Management, there are statutory
requirements to follow the process.
SESSION/Discussion Relating to Intergovernmental Agreements and Extraterritorial
Extensions of Services.
Howe, Land Management, commented that this agreement is distinct and unique as
the extraterritorial service went away with the abolishment of the Boundary
Commission. He explained that it is
governed by state law and they have intergovernmental agreements with the cities
when it comes to planning coordination agreements. With regard to the City of
Florence there is an opportunity for review and comment for land use actions.
He added that water and sewer services are listed as the items upon which
the cities contemplate taking final action.
He noted with paragraph b) of the agreement (copy in file) the city will
provide the County with an option to review and comment on the following
actions: comprehensive plan amendments, changes to land use ordinances and other
legislative measures. He noted paragraph c) discusses wetlands and water and
sewer service extensions and other land use actions that impact County roads. He said the sewer is not necessary a land use action inside
the urban growth boundary. He
indicated there would be a process to the County when they need a facility
permit if they are going to be digging the County road to install the sewer
Snowden, Public Works, explained that Lane County is given the authority to
control activities in the public right-of-way. He said they have control on
where it is located and if it is a major installation.
He added that they want assurances that the utilities will be placed
according to plans. He added they
have boiler plate language that covers indemnity and liability and that the
applicant is responsible for complying with all federal, state, local rules,
regulations and statutes. He
indicated the statute states that utilities have the right to be within the
public right-of-way. He noted that
sanitary sewers are not listed specifically in the statute as a utility.
County Counsel Stephen Vorhes indicated that they try to accommodate people who
want to use the right-of-way to put utilities in.
explained that when it comes to extraterritorial extensions, there is confusion
because the cities think extraterritorial is an extension of a service beyond
their city limits. He added the County is thinking extraterritorial extension of
services is from the urban growth boundary. He added if it were to be an
extraterritorial extension beyond the urban growth boundary, then that is when
it becomes land use at the County.
noted the ultimate decider of whether the service should be extended or not is
the service provider and the cities are identified as providers of the urban
was concerned this was extraterritorial and it didnít belong to the city.
He indicated that it belongs to the County and it is not inside the urban
growth boundary. He asked how they could provide a voice for the affected
thought the decision was up to the cityís control. With regard to the agreement, he didnít know if there had
been an application other than for a facility permit. He commented that the city
would ultimately bear the consequences. He
said most of the decisions within the urban growth boundary do not rise to the
level of a land use action because the implementing regulations are authorized
uses. He said the decision had been
made by both the County and the city with the urban growth boundary as allowing
for that use.
Belson, Community Development Director, Florence, commented that it didnít
matter how they interpreted the IGA, they had adopted policies from the 1988
plan that states public facilities may be extended outside of the city limits in
accordance with the criteria outlined in the Florence service area of the plan.
She indicated the urban service section of the plan states that upon
completion of a regional sewage treatment facility, sewers may be extended to
land within the urban service area to allow properties to be developed to urban
density prior to annexation. She thought the County would approve any facility
permit for sanitary sewers within their urban growth boundary.
Miller, Public Works Director, Florence, indicated the project is in conjunction
with the cable system and it is an opportunity to share a trench.
He said they had been contacted by Driftwood Shores and they were
interested in having sewer service provided by the city. He noted that they are
making an application for annexation to the city.
He said because the Alaska Cable System schedule is aggressive, they want
to be under construction within the next 30 days and that was why they made an
application for a facilities permit from Fawn Ridge to Driftwood Shores.
08-3-12-6/In the Matter of Ratification of Grant Application and
Acceptance of Grant Award from Oregon Parks and Recreation for Armitage Park
Winter, Parks, reported the Armitage Campground
design work is near completion. He noted there are 37 sites with cable television.
He said they consulted with State Parks for design.
He met with the manufacturers and talked about future of RVís.
He indicated they went to State Parks and were ranked the number one
priority by the State Parks Commission as far as something that needs to happen
for the Eugene area. He said they applied for an application for $375,000 as
match for the construction of the campground.
He asked the Board to ratify the application and accept the money.
MOTION: to approve
MOVED, Green SECONDED.
08-3-12-7/In the Matter of Amending Conditions Included in a Deed that
Transferred County Owned Property to the Port of Siuslaw by Extending the Date
at Which the Property Becomes Subject to Reversion to March 1, 2009 (Map
18-12-22-00-00701, 40 Acres North of County Transfer Station in Florence.
Turk, Management Services, recalled in 1998 the Board approved transferring 40
acres of County owned property north of the landfill and transfer station from
Florence to the Port of Siuslaw. He
said when they transferred the property, there were conditions attached to the
deed that required the Port to do certain things with the understanding that the
Port was going to develop the property with infrastructure to support further
development. He indicated there was
one provision put into the deed that if they sold the property before doing
certain things, the County would get the money.
He added that if the Port didnít do anything in 10 years, the property
was subject to reversion. He said
the Port came to the Board in December 2006 requesting that the Board deem the
conditions of the deed have been satisfied.
He added if that occurred, that the Port would have gotten the property
free and clear at that time. He
said when they made the request, the Port had noted certain things they had done
to the property including soil compaction as part of the airport improvement
project. He said the Port also put
in about 1,000 feet of drainage. He
said the Port affected portion of the property had gotten designation from the
state as an industrial ready site. He
added at the time, the Board deemed that it didnít satisfy the deed.
He said they hadnít put in sewers or water and the Board deemed that
didnít meet the conditions at that time.
He noted the Port gave direction that they would extend the agreement
five additional years with the added provision that 75 percent of the property
be improved as originally intended. He
said after that meeting, the Port never got back to him to negotiate on the
terms and conditions. He indicated
that now the Port has a new manager and he has come to the County to ask for an
extension to get acquainted with the issues.
He said the main issue is the original intent when the County first gave
the property to the Port, that the Port would develop the property.
He said an issue to him is that the Port is interested in either buying
or leasing the property because of the conditions. He said under the current
condition, it still might not meet the Portís needs.
said they have been dealing with this for nine years. He said they could have sold the property to a developer and
allowed them to develop. He said
they wanted to help the Port District because they saw the land as a resource to
help the Port District and now they were using mechanisms to develop a piece of
property that the County could have used. He
said he had no problem extending the time. He stated the land was not an entitlement and it does not
belong to the Port. He said the
land only belongs to the Port if they perform and they hadnít performed.
said they have had a change of management and they are looking at it with a
different perspective. He said they
are trying to keep it within the Port of Siuslawís resource.
He said it would still be a public resource.
He said they want more flexibility to meet the infrastructure
requirements. He said they want a more reasonable approach that as they
sell off property, infrastructure is put in and then title would transfer.
said if they are going to extend this, he wants to define what improvement means
up front. He said he wouldnít
define it as selling it to a developer and then the Port gets the money.
said the original proposal was not flawed.
He said they came up with terms and definitions and the definition of
what improvements meant. He said
there was also a time table for when those things could be accomplished.
said there was room for interpretation as to what improvements are and it is up
to the interpretation of the Board and the Port. He said when he structured the conditions, he based them on
the statutes that deal with Ports and what they can do. He said there was an
understanding that the Port would physically put in these provisions.
He noted the Port only put in 1,000 feet of drainage.
He recalled in 2006 the Board said they would be willing to discuss
extending the existing agreement for five years under the same terms and
conditions. He said the Port
hasnít come forth to the County with their plan for the property.
He asked if the Board wanted to have the property in the public land.
He said there is nothing from the Port to state they would improve the
property. He thought the Port
should come forward to the Board.
said it wasnít the intent to give the piece of the property to the Port and
they have done a minimal amount of work. He
wanted to be more clear to the plan. He
said it wasnít the intent of giving the property to the Port for someone to
pay for. He wasnít opposed to
extending the time, but he wanted the Port to meet with Turk to come up with an
offering of what they intend to do with the property and if it meets the
Countyís needs they would agree to the plan moving forward.
He said if it doesnít meet their needs, the County could take the
property back, market it and sell it. He
wanted to see the property get on the tax roles and get developed.
Freeman, Port of Siuslaw, said it was important to clarify this.
He said they wanted to market and develop the property so it is on the
roles. They want to have businesses in Florence.
He said he is trying to deal with the situation as best he can.
said he would report back.
wanted to partition off the land and to make sure the County gets its amount.
said they could move forward to extend the time. He said there was an agreement nine years ago with
expectations and it is clear those expectations have changed.
said in February 1998 the Board authorized the transfer.
He said prior to transferring the deed, the partition had to take place
of the 40 acres and it was early September when County Administrator Van Vactor
signed off on the partition and the deed was recorded on September 11.
He thought it was best to use that date as the actual conversion.
said the Port is looking at the property reverting back to the County on
September 11, 2008. She indicated
what the Board order does as presented, is extends the time frame to March 2009.
TO THE BOARD
Fleenor distributed e-mail from the Chair of the
Florence Urban Renewal Agency. He
indicated they were requesting action by the County with respect to appointing a
County representative to serve on the renewal agency.
He noted that this was a 20 year program and the urban renewal agency
oversees all of the decision making. He
indicated the amount of taxes that Lane County would forego over a 20 year
period is low. He thought to have a dedicated Lane County employee attend might
not be cost effective. He
recommended that they give it to a citizen at large.
He recommended vacating the position and allowing for someone to be
appointed at large.
Stewart said it is important for Lane County to be
involved. He said it was
unfortunate for Fleenor not to participate because they do make decisions.
Fleenor said that the Florence Urban Renewal Agency
is much smaller than Springfield. He
said the amount of taxes over a 20 year period is not significant.
He added there were other stakeholders at the table.
Stewart indicated the issues they deal with are with
infrastructure and items that benefit the County. He said if Fleenor were at the table in Florence, he could
have an influence on the services. He
said it was not just about a tax.
Sorenson thought the West Lane Commissioner should
make a recommendation to the Board to appoint someone.
Fleenor stated the Renewal Agency specifically stated
in their charter that it would be an employee or elected official.
He said there is no language that allows them to appoint someone.
He wanted a legal interpretation.
Green thought the language was vague but he wanted a
way for the County to participate. He
said they needed to be at the table.
Wilson said she had never seen the charter.
Stewart recommended finding out what the charter
agreement says. He said if it
allows appointing a citizen member as the Boardís appointment and allowing
them to have the ability in the future to appoint someone else, he would support
(From the afternoon)
Wilson said that Mike McKenzie-Bahr had the bylaws of
the Florence Urban Renewal Agency. She
said the language in the bylaws says one member shall be nominated by the Lane
County Board of Commissioners. She
noted it contained no restrictions on whether it be elected, appointed, a
citizen or county employee. She indicated that the Board had full flexibility.
Stewart recommended that they appoint a nominee that
lives in the area and meets the Boardís requirement. He didnít know if they wanted to post it.
Green said they could post it in the Siuslaw News
asking for a representative.
There being no further business, Commissioner Stewart
recessed the meeting at 12:00 p.m.