May 28, 2008

following MWSD

Commissioners' Conference Room

APPROVED 6/23/2010


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








Victor Stathakis, Eugene, Chair, Wayne Morse Youth Program, asked to get on the agenda to revisit the Wayne Morse Free Speech policies. He said Green has helped get Captain Kerns of the Eugene Police Department and Sergeant Mike to work with him. He said the policy decision that was made was to cut electricity. He commented that it has marginalized their organization. He said they are only allowed six hours per month of electricity and he wanted to revisit that decision. He indicated that they want to go from free speech to civil discourse.


Mike Howard, Florence, stated that he represents Driftwood Shores Corporation on their request for a vacation request. He said what is being requested is to vacate 10 feet of First Avenue that adjoins the Driftwood Shores property. He recalled the 10 feet had originally been in the plat of Heceta Beach prior to 1968 when it was dedicated for a public use. He added that First Avenue has never been improved and the request is to return it to its 50 foot right-of-way. He added there is an annexation request into the city of Florence that has received a recommendation of approval from the Planning Commission and it will be going in front of the city council on July 7, 2008.  He believed that it was in the publicís interest.


David Clyne, Junction City, spoke for an item in the afternoon. He urged the Board to move as quickly as possible to find a coordinated population forecast for the community. He said it is critical to many of the cities in the County. He noted four cities have filed a notice to appeal that would turn down the LCOG approach and go to a safe harbor approach. He commented that from a Junction City perspective, there is the possible loss of  an employer for 100 plus jobs, a new state prison and state mental health hospital. He added they provide necessary services to the County and it will result in close to 2,000 jobs that the County needs. He asked to move this as expeditiously as possible to allow them to get to a coordinated population forecast as safe harbor doesnít work for them or the majority of the cities in the County.


Ann McLucas, Eugene, recalled the last time Jim Gillette brought to the Board a sheet of 25 facts. She said as she saw some of the statements and some showed egregious violations of justice. She thought the whole case against him should be thrown out with all the fines. She said since she has known Gillette, he has been asking for a fair hearing and has never gotten one. 

Jim Gillette, Eugene, stated that he went to the Ray Robinson property and it is beautiful. He asked the Board to eliminate the compliance department since they are only complaint driven. He didnít see any good use for the compliance department. He said he wants to work with the County to make his property a County park. 


Mike Farthing, Eugene, addressed item 17a. He indicated his client is Jerry Valencia and he supports the initiation of the plan amendment process. He recalled as a result of the April 30 action, there are two LUBA appeals. He said the population forecast from a planning perspective is an essential component of comprehensive planning. He noted that Junction City has written the Board a comprehensive letter on why they needed a coordinated population forecast. He said each  city in Lane County has its own unique demands for such a forecast. He asked why the Board passed it with a resolution that no one had a chance to review or consider. He asked to initiate a plan amendment process that will help people and jurisdictions.


Zachary Vishinoff, Eugene, hoped that Green stays as a commissioner. He distributed information on the seismic integrity of the University of Oregon campus. (Copy in file).


Kari Connelly, Attorney for cities of Veneta, Junction City, Creswell and Oakridge, noted the Board received two letters from the city of Junction City. She noted the request from Junction City is an amendment to the Countyís Rural Comprehensive Plan via a regular PAPA process, not a special purpose plan. She said the request would preserve 100 family wage jobs and there could be 1800 more. She added that the second request avoids unnecessary litigation. She reported that withdrawal allows 90 days to craft a replacement resolution. She didnít think there was a need to rush into another resolution. 


Milo Mecham, Eugene, stated that he represented the city of Coburg. He indicated that Coburg has not filed an appeal of Board Order 08-4-30-12 and they have not been involved in the coordinated population projection issues. He said until this time Coburg has been relying on its Comprehensive Plan that has population growth to 3,200 by the year 2025. He added that the Comprehensive Plan was adopted by the Board of Commissioners and the city of Coburg. He noted in the process the city of Coburg has been informed by the state that the projected population needs to plan for 2030. He indicated that Coburg is about to start construction of a wastewater treatment for 3,300 people because that is what state law requires under the adopted Comprehensive Plan. He thought the citizens of Coburg might have to pay three or four times as much for the sewer system because it has to be designed to meet the population growth that projected it. He said Coburg is concerned about this. He was concerned about the land use laws that played with the Boardís decision. He thought the Board should follow state law and the requirements of state law. He urged the Board to take action instead of a resolution.




A. Approval of Minutes


B. Public Works

1) ORDER 08-5-28-1/In the Matter of Dedicating Land Owned by Lane County and Accepting it for Public and County Road Purposes for Duncan Island Road (County Road Number 1357) (18-11-11-30).


2) ORDER 08-5-28-2/In the Matter of Increasing the Revenue Contract with Pacific Recycling to 1.5 Million Due to Market Price Fluctuations in County's Favor.


C. Workforce Partnership


1) ORDER 08-5-28-3/In the Matter of Appointing a Labor Representative to the Lane Workforce Partnership Board of Directors.


2) ORDER 08-5-28-4/In the Matter of Appointing a Job Corps Representative to the Lane Workforce Partnership Youth Council Committee.


MOTION: to approve the Consent Calendar.


Fleenor MOVED, Sorenson SECONDED.


VOTE: 4-0.












a. ORAL REPORT/Bag Fee Proposal.


Sorenson indicated that Bob Cassidy is a constituent of his and contacted him about a fee for using bags.


Sarah Grimm, Waste Management, provided the Board with information on what other cities did for banning plastic bags. (Copy in file). She noted that Seattle is proposing a 20 cent green fee, targeting both paper and plastic bags and they will use that fee with the grocer for administrative costs. She added they were opposed by the paper and plastic industry. She commented that paper bags are more energy and pollution intensive in their production. She thought charging the customer was important to make sure it comes up on their receipt to see how much it is costing and they can change their habits accordingly and the store getting a service fee.


Green commented that charging a fee will be relating to a tax. He didnít read where the consumer would receive credit for reusable bags. He asked why grocers couldnít give credit. He wanted to see how people would comply.


Fleenor said it could be called a tax fee or fine but it changes peopleís behaviors. He thought they could use the public funds to clean up the waste. He thought they needed to be more discriminating.


Bob Cassidy thought they could make millions of dollars per year. He said it would tax businesses. He thought it could be a voluntary tax and people would be willing to pay it. He thought it was a good opportunity.


Stewart said he sees paper bags as a positive thing as it comes from reusable materials. He didnít think they would get to $100 million for recycling, maybe just to $5 million or $6 million dollars. He recognizes it is an environmental problem. He said they should have a resolution similar to Benzene. He thought they should engage the Solid Waste Committee to interview store owners. He said they should look at this with a complete eye.


Sorenson liked the idea of imposing a fee on the purchase of bags. He said it will drive the customerís behavior with an environmental cost. He asked if there is revenue generated, what the best way was to use the revenue. He agreed with providing stores with an administrative fee. He didnít want an ordinance that a future legislator may pre-empt. He didnít think the purpose of this is to have a general tax to raise lots of money. He thought over time it would be a decreasing source of revenue because it will change peopleís behaviors.  He said a fee the other cities use appeals to him. He didnít think this would work if they enacted an ordinance that would only apply to some of the stores in Lane County. He asked if they could impose a solid waste fee on every store in the County. He thought they should leave this voluntary. He thought they should send this to the Solid Waste Committee to get involved.


Wilson said she hadnít seen the packet. She thought they could work into a broad application if this is assigned to the Resource Recovery Advisory group.


Fleenor concurred with Stewart and Sorenson. He supports this but it needs to be a fee based, full cost recovery process that is based on the actual cost of the environmental situation. He stated that it needs to be dedicated to waste recovery versus another program.


Green stated that it is a tax. He said if the goal is to be environmentally conscious, he asked what else they could look at. He said they should consider those issues as well. He agreed if revenue is generated it should go back to Waste Management. He also thought that they needed to bring in all views when and if an ordinance is made. He wanted this to be something positive with schools and education being involved.


Grimm though they needed to invite local grocers and the industry as well as Alex Cuyler.


Stewart asked Grim to work with Patti Hansen, Waste Management, to see if it would warrant putting together a different body and then report back in six months.




a. Announcements.






a. ORDER 085-28-5/In the Matter of the Vacation of Portions of First Avenue (Co. Rd.  856), the Alley in Block 28 and Falcon Street as Platted and Recorded in the Plat of Heceta Beach (BK. 7, P.25), Lane County Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-12-04-13 & 42).


Michael Jackson, Land Management, explained this is a vacation for a portion of First Avenue and a  portion of an alley in the plat of Heceta Beach from 1915. He noted it is outside of the city of Florence. He indicated this petition is being brought by the owner of Driftwood Shores. He said according to ORS 368.351, he is provided to present the vacation without a public hearing, based on 100 percent of the landowners around the area. He said vacating the portion of the roadway would help Driftwood Shores property by removing encroachments in the County right-of-way and would help facilitate the compliance set back requirements. He found in 1993 there was a permit for a variance granted to the property by the County. He said this road was platted as a 50 foot roadway in 1915 and in 1968 an additional ten feet was dedicated on the west side.  He heard this morning that the city of Florence is presently in the process of annexation of the area.  He stated the city of Florence is supportive of the vacation. He noted the transportation department reviewed it and they found nothing to be a problem.


Sorenson thought it should be referred to Public Works with the enforcement of the current right-of-way. He didnít think it should be approved. He thought they needed a public hearing as it affects the publicís access to the County park and to a waterway.


Green asked if this was held over how it would affect the city of Florence with the annexation.


Jackson replied that he wasnít sure.


Green said he wasnít opposed to having a public hearing.


Stewart thought this was appropriate but he wasnít opposed to a public hearing.


Fleenor didnít think there was any problem with moving forward with this as is. He thought a public hearing would be nice but it would be at the cost to the applicant. He didnít think the decision would be any different that if they were to adopt this today.


MOTION: to approve ORDER 08-5-28-5.


Fleenor MOVED, Stewart SECONDED.


Green indicated that he wanted to hear what the public has to say.


Fleenor  indicated that most of the residents are associated with Driftwood Shores. He said there is unanimous consent by the owners by Driftwood Shores who will be the ones primarily impacted. He was comfortable that the vast majority of the neighborhood is supportive. He asked the Board to give this the proper consideration. He didnít think there was any controversy.


Sorenson said they have to make a finding that it is in the publicís interest to make a vacation.  He said this is an area used a lot by the public and he thinks access to a public right-of-way like a beach access would normally trigger a public hearing.


Fleenor didnít see this restricting anyoneís access.




Wilson asked if the Board wanted to leave it in the applicantís hand to pay the additional fee to have a public hearing or to direct that a public hearing take place.


MOTION: to direct that a public hearing take place at no additional cost to the applicants.


Fleenor MOVED, Sorenson SECONDED.


Green asked why they would not charge a cost when they normally do it.


Wilson noted the costs that go into the appeal for a public hearing are for notification and staff costs for the hearing.


Stewart asked what the additional cost would be for a public hearing.


Jackson indicated the cost would be an additional $1,000 and he would have to take it out of his budget.


Stewart commented that it is difficult to pay for this when other vacations have had public hearings that were paid for. He said he canít support the motion.




Stewart indicated if the citizens want to move forward with this they will have to pay the additional fee and schedule a public hearing.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1246/In the Matter of Amending the Lane County Rural Comprehensive Plan (RCP) to Replace Outdated Official Plan, Zone and Coastal Zone Maps with Updated Modern Maps and Adopting Savings and Severability Clauses. (Second Reading & Public Hearing 6/11/08).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1245  for June 11, 2008 at 1:30 p.m.


Sorenson MOVED, Fleenor SECONDED.


VOTE: 4-0.

- and -

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 5-08/In the Matter of Amending Chapter 16 of Lane Code to Revise and Update Requirements for Adopting, Amending and Maintaining Plan Designation and Zoning Maps (LC 16.014,  16.015, 16.020, 16.252) (Second Reading & Public Hearing 6/11/08).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. 5-08 for June 11, 2008 at 1:30 p.m.


Sorenson MOVED, Fleenor SECONDED.


VOTE: 4-0.




Stewart reported that he received a letter from Terry Wilson stating that she will retire on June 30, 2008.




Green announced that AOC is having a Spring Conference in Bend June 4 to 6.


Fleenor announced that he is having a community dialogue at eat at Joeís in Blachly.


11. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(h) for the purpose of consulting with counsel on litigation and ORS 192.660(2)(e) for the purpose of deliberations with property negotiators






There being no further business, Commissioner Stewart recessed the meeting at 11:55 a.m.


Melissa Zimmer

Recording Secretary