March 12, 2008

9:00 a.m.

Commissioners' Conference Room

APPROVED 4/16/2008


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.



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.



Mark Freeman, 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. 


Jim Gillette, 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.


Gloria Griffith, 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.




A.Approval of Minutes:

November 28, 2006, Work Session, 6:00 p.m.

March 13, 2007, Work Session, 9:00 a.m.

March 20, 2007, Work Session, 9:00 a.m.

February 13, 2008, Regular Meeting, 9:00 a.m.

February 20, 2008, Regular Meeting, Following HACSA

February 20, 2008, Regular Meeting, 1:30 p.m.


B.County Administration


1)ORDER 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 Facility Projects.


C.Children and Families


1)ORDER 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.


D.Health and Human Services


1)ORDER 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.


2)ORDER 08-3-12-3/In the Matter of Approving a Contract Amendment with ShelterCare for Housing for Severely and Persistently Mentally Ill Homeless Adults.


E.Public Works


1)ORDER 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.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


3. E) 1)


Dwyer 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.


Fleenor wanted this reviewed by the Roads Advisory Committee.


(From the afternoon)


Dwyer stated the way the Board order was written, that it wasnít clear. He agreed with this.


MOTION: to approve  ORDER 08-3-12-4.




VOTE: 5-0.








Dwyer said he was disgusted with what happened with the governor of New York.


Sorenson 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.




a.REPORT/CVALCO Semi-Annual Report.


Kari Westlund, CVALCO, gave her semi-annual report. (Copy in file).


b.DISCUSSION/Recognizing Alsea Watershed Council.


Stewart 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 Council.


Dwyer thought it was an important watershed.  He thought it was a worthy goal   and they should support it.


Sorenson wanted legal counsel to bring back a draft resolution so that it would be consistent.


Assistant 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.


c.Letter to Support Water Storage Project


Fleenor 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.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


7.EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 for the purpose of consulting with counsel on litigation.








b.ORDER 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 Funds.


Mike 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.


Fleenor commented that it was a good example of what they can do when they work together.


Dwyer thought this was a win-win situation for everyone.


MOTION: to approve ORDER 08-3-12-5.


Dwyer MOVED, Fleenor SECONDED.


Stewart supported alternative ways for incentives to dispose of waste instead of burning it.


VOTE: 5-0.




a.REPORT/ODOT Regular Report from Area 5 Manager Sonny Chickering.


Sonny 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.


With 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. 


Dwyer wanted a more thorough evaluation on Main Street from I-5 to 42nd Street.


Chickering indicated that there wasnít a project on the books but it is evaluated every two years by ODOT.


Dwyer wanted to add the evaluation to add a few years more for the life of the road.


Sorenson asked that Chickering e-mail the Board when they learn of energy initiatives.  He thought ODOT should play a large part of this.


Green wanted information on Delta and Beltline on the agenda.


b .REPORT BACK Process Update Relating to Processing Applications for Annexations to Special Districts Pursuant to Senate Bill 417 and ORS Chapter 198.


Stephanie 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.


Annette 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. 


Green asked if someone wanted to be annexed into a city if they had to go to the cityís application process.


Wilson 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.


Fleenor asked how they could turn around the applications to enhance customer satisfaction.


Newingham 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.


c.WORK SESSION/Discussion Relating to Intergovernmental Agreements and Extraterritorial Extensions of Services.


Kent 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 line.


Ollie 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.


Assistant County Counsel Stephen Vorhes indicated that they try to accommodate people who want to use the right-of-way to put utilities in.


Howe 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.


Vorhes 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 area service.


Dwyer 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 people.


Vorhes 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.


Sandra 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.


Mike 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.


d.ORDER 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 Campground Development.


Todd 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 ORDER 08-3-12-6.




VOTE: 5-0.




a.ORDER 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.


Jeff 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.


Dwyer 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.


Fleenor 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. 


Dwyer 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.


Green 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.


Turk 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.


Stewart 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.


Mark 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.


Turk said he would report back.


Fleenor wanted to partition off the land and to make sure the County gets its amount.


Stewart 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.


Turk 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. 


Wilson 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. 



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 it.


(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.



Melissa Zimmer

Recording Secretary