November 25, 2008
1:30 p.m.
Commissionersí Conference Room
APPROVED 11-2-2010

Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Pete Sorenson present.  Acting County Administrator Dave Garnick, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.


Sorenson distributed a board order dealing with the Northwest Youth Corp applying for a grant.  He indicated that a resolution was needed and he wanted to put it on for discussion under Commissioners Business.  There will be a further discussion on O & C Counties Membership. The Minutes for May 23 were pulled.


a. SECOND READING AND PUBLIC HEARING/Ordinance No. 7-08/In the Matter of Amending Chapter 10 of Lane Code to Revise and Add Provisions for the Interim Urbanizing Combining District (/U) Applicable Within the Florence Urban Growth Boundary (LC 10.122-10, 10.122-13, 10.122-14, 10.122-15, 10.122-30, 10.122-31).

Stephanie Schulz, Land Management, explained that this hearing is being held today is response to issues raised by the public during the Board process to co-adopt Florenceís updated Comprehensive Plan Realization 2020 under DLCD Periodic Review requirement for Florence.  She recalled at the Board hearing on the Realization 2020 Plan, additional text amendments were presented to the Comp Plan policies that stressed population annexation and water quality issues.  She noted that Ordinance No. 7-08 proposed amendments to Lane Code Chapter 10, with regulations that apply to urbanizable land inside the UGB and outside the city limits of the small cities in the County. She added in Florence the urbanizable area also falls within the North Florence Dunal Aquifer, an area where the soils are derived from sand origins, not volcanic.  She explained the area that is larger than the city itself, was designated in the 1980ís as the sole source aquifer under the Federal Safe Drinking Water Act for the municipality of Florence.  She said Lane Code Chapter 10, Interim Urbanizing Combining District (subject to this hearing) is an existing overlay district in the Florence UGB that covers the urbanizable area.  She indicated that notice of the hearing was published in The Register Guard and referrals were sent to affected agencies on November 5, 2008.  She added that direct mailing to property owners under Ballot Measure 56 was sent on October 28 to over 2,000 property owners of record in the urbanizable area.  She said she returned over 30 phone calls and other staff has responded to citizen walk-in and calls on the project.  She noted the Lane County Planning Commission held a hearing on the code amendments last week and testimony presented along  with all the mail testimony  has been provided in supplemental memos.  She said the record was held open to February 6, 2009 in order for the city to complete final language on the related city code amendments.

Schulz stated that these proposed amendments to Lane Code Chapter 10 must be made in accordance with the procedures of the relevant criteria in the code.  She indicated the Board of Commissioners is the sole decision maker for these code amendments.  She noted that Lane Code 10.015 is the purpose statement.  She read the objectives.  She indicated the city of Florence and its urbanizable area where Chapter 10 applies, is listed in the North Florence Dunal Aquifer, a sole source aquifer that covers a broad area of dunal sand extending from the Siuslaw River to Sutton Creek and from the Pacific Ocean to the bedrock ridge east of Clear Lake.  She said because Florence is entirely within this identified district and the cityís primary source of water, the above objectives apply to the urbanizable area.  She added under Purpose 10.315.05, as the Comprehensive Plan for Lane County is implemented, changes in district and other requirements of this chapter will be required.  She noted that Florence is completing periodic review to update their Comprehensive Plan for application within the long term planning horizon extending to the year 2020.  She added the proposed amendments to Lane Code Chapter 10 are found to be required to implement the policy amendments to Realization 2020 addressing concerns in the urbanizing combining district regarding groundwater contamination in the sole source aquifer.  She said under 10.315.20, zoning, rezoning and changes in the requirements of this chapter shall be enacted to achieve the general purpose and shall not be contrary to public interest.  She indicated the general purpose of Chapter 10 requires consideration of changes that could be considered to promote implementation of revised and updated comprehensive plans in Lane County.  She noted the appropriate use of land and resources in the Florence community is updated through periodic review.  She added the proposed amendments to the Florence Urbanizing Combining District are found to be in harmony with existing and proposed uses of land and are not contrary to the publicís interest.

Kent Howe, Land Management, explained that the city of Florence didnít take their action that is setting the policy.  He said they donít have a final action and the Planning Commission left the record open.  He thought the Board of Commissioners should leave the record open until they take action.

Sandra Belson, city of Florence, recalled the last time she came before the Board was October 1 on the proposed co-adoption of the Realization 2020 Comprehensive Plan.  She said the Board today is to take testimony on code amendments to Lane Code Chapter 10 that would implement the policies from the Public Hearing.

Phil Brubaker, Mayor, city of Florence, recalled that the city of Florence had a Public Hearing last month concerning the nature of the comp plan and how they would be implemented in the ordinance change.  He said the Comprehensive Plan amendments they suggested included the language that says people who are developing or redeveloping must first annex into the city and hook up to the cityís santitary sewer service unless they obtain a special exemption from the city council.  He added their proposed language in the Comprehensive Plan and the implementing law contained in the correspondence changes would enumerate when a person wouldnít have to annex.  He said the idea didnít work because people were concerned about the two step process.  He said they are leaving their record open to January 26.  He said they want to get an up-to-date current accurate map of the fully authorized vacant lots they are dealing with.  He hoped they could get co-adoption.

Fleenor stated that he had nothing but cooperation and collaboration and a willingness with the city of Florence to work together with the County.  He hoped that they would be willing to put together a document that will be acceptable, but be an example of what a group of people can do if they are willing to cooperate and work with each other.  He said they wonít do anything until they have a document they can all live with.

Belson noted with the exception criteria, there is overaching considerations the city is keeping in mind.  She said they are not in any way trying to remove development potential, that they expect that all the property within the urbanizable area is urbanizable and will be developable and they are not trying to limit development in any way.  She added that they are trying to protect the cityís sole source aquifer.  She indicated that they are looking at the ability to extend city services to those people who want to annex into the city and receive city services.  She said in order to do that, there are some considerations with regard to annexing requirements and extension of city services to reach those people who desire those services.  She noted they are looking at efficient development of their UGB to fulfill the cityís Comprehensive Plan.  She added if they are not able to be efficient in that development, it will cause the premature expansion of the UGB.  She distributed information  on plan amendments the city is considering at this point.  (Copy in file).  She said they are asking the County to co-adopt their comprehensive plan.

Dennis Nelson, Hydrologist, discussed the aquifer. (Copy in file).  He said the water in the Florence Dunal Aquifer comes from precipitation floating on the surface and sinking into the ground and recharging the aquifer.  He said the implication is that anything on the surface, (or just below the surface) has to go into the ground.  He explained that septic systems are designed to remove pathogenic organisms and he thinks it is important to state that this is a sensitive aquifer.  He said they want to protect it.

Fleenor commented that there is no evidence the Florence aquifer is contaminated.

Nelson indicated there was no data for that.

Commissioner Stewart opened the Public Hearing.

Michael Libeling, President, Heceta Shore Homeowner Association, expressed the Boardís concerns and opposition to the revision of Lane Code Chapter 10 as it is presently worded.  He said they were concerns that no land use or the installation of a new septic system will be allowed unless by exception of the Florence City Council.  He added their board feels it is a financial impact that would be devastating.  He said with the proposed revision, he would be unable to sell his property. He commented that their board thinks the proposed revision represents an illegal use of approval.

Beverly Sera Brown, Florence, spoke on Annexation Policy One.  She was concerned about the city of Florence having no representation.  She thought the Board of Commissioners should approve their septic systems, not the city of Florence because they have no input or have nothing to do with the city of Florence.

Mike Lilly, Portland, said he represents the Heceta Lake Joint Venture, the developer of the subdivision.  He said they received final plat approval in early fall.  He recalled on November 17 they presented oral and written testimony to the city and the Planning Commission.  He said this subdivision was approved by County staff for the 105 lots for septic tank approval.  He stated that they are not creating a health hazard.  He indicated that they have just put $2.5 million into the subdivision, including $500,000 to Highway 101 and built streets and utilities. He added they have a signed agreement between them, the city and the County and it says the subdivision will be developed with septic tanks.  He commented that for the city to come in now to override it is completely inappropriate.

Thom Lanfaer, Eugene, indicated the Heceta Lake Joint Venture, asked him to speak to the Board.  He said he was a former staff person at Lane County who worked on the approval of the reserve at Heceta Lake.   He said the subdivision was approved in 2003 on the northern most portion of the UGB.  He indicated that Lane County has been implementing the standards in the North Florence Dunal Aquifer since 1982 when the study came out and have been used for all subidivisoins since they came out. He said the changes being proposed donít have the benefit of the new study that shows there is a problem.  He said given the location of the particular subdivision site, it is an example of one of the types of issues the city has to deal with.  He added that not all subdivisions are in the same location or have the same issues.  He said there are issues that need to be resolved.

Bob McKinney, said he owns land and along with five other property owners they found out it is in a drainfield.  He said they canít build because it is a drainfield. He knew they couldnít build until a sewer sytem will be put in.

Judy Pendelton, said she has a four acre parcel at 4901 Heceta Beach Road.  She concurred with the gentleman who spoke previously from Heceta Joint Venture.  She stated that she has had this property for 12 years and the septic system seepage was approved in 1996 and her concern is coming up with money to hook up to a sewer system because she is retired.  She didnítí see how her septic system would be a major impact on the area. She said she wanted to put on a manufactured home.

Jerry Bingham, Springfield, stated that he has two pieces of property in the area within the reserve at Heceta Lake.  He said they have created a moratorium on sales.  He said sales canít go forward because they are stuck.  He thought the way this was approached stinks.  He said property values in the last month have dropped ten percent. He asked if the Board had looked at the 1982 North Florence Dunal Aquifer Study.  He said it was important.  He said the North Florence Dunal Aquifer in 1987 stated it was a single source aquifer which was true.  He added what was neglected was that it contains two separate hydrologically distinct units.  He noted with the Clear Lake Watershed for Heceta Water District and the general North Florence Aquafer, one runs east and one runs west and all the septics west of Highway 101 are unaffected by this.

John Farkas, Florence, commented that there are no nitrates and the septic system is working.  He asked what was going to be fixed.  He noted that all of the lots are under a clouded title and no one will buy them.  He asked how this problem will get fixed without offering any alternatives.

Schulz reported that the Lane County Planning Commission has left their record open through February 6 with the idea that they would take up deliberations to develop a recommendation for the Board of Commissioners on February 17.  She noted there is only one week in March the Board will be meeting or this could go into April.

Fleenor asked about the city of Florence.

Brubaker said they will take in up on January 26.

Belson asked to leave the record open to March 4.

Green hoped they could consider some type of grandfathering for some of the property owners to help reduce the financial burden in the future.  He thought coming up with some sort of formula would be helpful during deliberations to get buy in.

Brubaker noted that a lot of grandfathering is taking place and the reserves as a development has risen above the concerns he had.  He said there are other exceptions.  He stated that he wants a long term solution for the city and the Countyís  protection.  He said exceptions are important but they need to have a balance view that Fleenor and others have spoken to while maintaining rationality on how they deal with the exceptions.  He said they want to take the time to do this right and then he thinks rationality will prevail.

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

MOTION: to approve a Second Reading and Setting a Third Reading and Public Hearing, for Ordinance 7-08 for April 8, 2009 at 1:30 p.m., leaving the record open to March 4.

Fleenor MOVED, Sorenson SECONDED.

VOTE: 4-0. (Dwyer out of room).


Jerry Garrison, thanked the Board for the resolution to extend Second Avenue.

Debra Anderson, Florence, asked the Board to finalize the proposed resolution for Second Avenue to give access to the public.  She said by taking street access for the County they would be assured to have continued access to their homes.  She hoped this will be finalized and have an end to the continuing problem


Ken Anderson, Florence, said the public has been using the entire area, not just the paved surface.  He said they are using the area to park cars.  He asked the Board to come up with a solution that keeps the area open to the public.


Harlin Springer, Florence, appreciated the Boardís work on drafting the resolution.  He stated that he has been a property owner on the street for 36 years.  He said  the public has assumed the right to use the street and beach for enjoyment.  He said he has built a house on the street and others have built houses with the understanding that the street and access was to be enjoyed forever.


Bob Peters, Florence, said the issue is clear there is a right-of-way and he doesnít know why the person who has ownership of that legal lot 5300 is making an issue of it.  He said a resolution is the answer and it avoids costs and it resolve the problem.  He said this is a prescriptive easement. He  was puzzled why his neighbor put them though this.  He was hopeful they could resolve this.



A. Approval of Minutes:
May 23, 2007, Regular Meeting, 9:00 a.m.
May 23, 2007, Regular Meeting, 1:30 p.m.
October 21, 2008, Work Session, 9:00 a.m.
October 22, 2008, Regular Meeting, 9:00 a.m.
October 29, 2008, Regular Meeting, 9:00 a.m.
November 12, 2008, Regular Meeting, 9:00 a.m.
November 12, 2008, Regular Meeting, 1:30 p.m.

B. Health and Human Services

1) ORDER 08-11-25-1/In the Matter of Appointing Three Members to the Community Health Council.

C. Public Works

1) ORDER 08-11-25-2/In the Matter Authorizing Consent to the Execution of an Underground Easement for a Water Line by the City of Eugene Over a Portion of T.L. 17-04-02-21-00500 Previously Conveyed to the City by Lane County.

2) ORDER 08-11-25-3/ In the Matter of Removing the Load Posting from the West Fork Horse Creek Bridge Located on Delta Road at Mile Post 0.10 (State Bridge ID No. 39B164).

D. Youth Services

1) ORDER 08-11-25-4/In the Matter of Awarding a Contract to Center for Family Development for a Day Reporting and Treatment Center and Delegating Authority to the County Administrator to Execute the Contract.

MOTION: to approve the Consent Calendar with the exception of the May 23 minutes.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.




Sorenson announced the Center for Early Adolescence in Eugene and other organizations completed a survey.  He thought the Board should review the report on how they use evidence based research.


Northwest Youth Corps Support Request

Sorenson reported that Natalie Whitson at the Northwest Youth Corps faxed him a resolution.  He said she and Milo Mecham at LCOG and Mike McKenzie-Bahr worked on the resolution regarding the construction and rehabilitation for a kitchen.  He wanted to refer it to County Administrator and Legal Counsel.

Green thought this item should go to the agenda team.


a. Announcements

Garnick reported that Jennifer Inman sent out a list of topics for the Budget Committee discussion.

b. O & C Membership

Stewart reported that the annual meeting for O & C Counties will be December 5.  He indicated that he is presently on their Board and he wanted to continue in that capacity. He added if the Board chooses not wanting to continue membership or to pay dues that would be okay.  He said he needs to know before December 5.

Sorenson commented that they pay money but they arenít able to pick who is on their Board.

Garnick indicated the dues are $37,704 and the money will come out of the reserves.

MOTION: to keep the membership fees of $37,704 for O & C Counties to allow Stewart to run for office.


VOTE: 4-1 (Sorenson dissenting).


a. Legislative Committee Report.

Alex Cuyler, Intergovernmental Relations Manager, brought recommendations from the Legislative Committee Meeting of November 13.  He said they decided to move on to the full Board for discussion as a priority for the 2009 Legislative Session. He said the first issue is a proposal to clarify Public Health Laws.  He said it came out of a  meeting with state public health officials.

Trina Laidlaw, Assistant County Counsel, discussed the handout regarding public health laws.  (Copy in file).

Green supported it as a legislative concept.

MOTION: to direct the County Administrator to oversee staff involvement for draft legislation and a bill sponsorship to: limit the Countyís obligation to perform public health services to the extent funding is available through the Oregon Department of Health and Human Services and to clarify the DHS does not have the right to take over the Public Health authority when it does not provide sufficient funding and requires the County to pay for the extra expenses incurred by DHS to perform the services.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

Cuyler discussed election expenses. He indicated it was at the November 13 meeting when it was addressed.  He said it came before the Board on October 22 to discuss issues around the Lane County Elections and the length of the ballot and return for insufficient postage.  He recalled that Annette Newingham, Elections, said they have a situation where legislation exempts cities and special districts from paying apportioned costs of the primary and general elections.  He thought if they could fix that, they might be able to lessen the incentive for cities to go to Elections.

MOTION: to direct the County Administrator to oversee appropriate staff involvement in projects resulting in draft legislation and bill sponsorship that will allow Lane County Management Service Department, Election Division, to apportion election expenses in the general and primary election from cities and districts.

Dwyer MOVED, Fleenor SECONDED.

Sorenson wanted to include the federal and state government.  He wanted a motion where the BCC wants legislation drafted that would require the state to pay for all federal and state elections. He asked if this could be a friendly amendment.

Dwyer agreed. Fleenor SECONDED.

VOTE: 5-0.


a. ORDER 08-11-25-5/ In the Matter of Amending Chapter 3 of the Lane Manual to Revise the Duties, Membership Selection, and Term of the Tourism Council (LM 3.550).

Loralyn Spiro, Parks, explained that this is a housekeeping item to bring in line current practices with what Lane Manual states if they are going to continue with the current practices.  She indicated they are changing the number of members from 8 to 5.  She added the length of term is four to three years.  She noted that the Board will each appoint a representative.  She added they no longer help in the development of the Lane County marketing plan, they help with the tourism special project grant program.

MOTION:  to approve ORDER 08-11-25-5.

Fleenor MOVED, Dwyer SECONDED.

VOTE: 5-0.

b. ORDER 08-11-25-6/In the Matter of Directing County Staff to Discontinue Efforts to Purchase the Public Road at Second Avenue and Ocean Way in the Plat of Heceta Beach, in Section 4, Township 18 South, Range 12 West of the Willamette Meridian (18-12-04).

MOTION: to direct staff to come back with a resolution on the Consent Calendar that extends Second Avenue according to the 1915 Plat of Heceta Beach to the ocean.

Fleenor MOVED, Sorenson SECONDED.

VOTE: 5-0.


Stewart reported that HACSA has projects in Lane County that received funding:  the Erwin Way project received $100,000; housing trust funds $75,000; the Lamb Building on Eleventh Avenue in Eugene received $50,000 of housing and trust funds and $505,000 in low income housing.  He noted they also received $875,000 in OAHTC Funding and $606,024 in housing trust funds and $50,000 in LIWP to construct 35 units of housing.  He noted they received funding for the Roosevelt Crossing Transitional Housing on Highway 99 for $150,000 in housing trust funds; $389,000 for LIHTC; $1.47 million in OAHTC and $23,800 in LIYP to construct 45 units.


Stewart reported he was elected to the Board of Forest Trust Land Counties and he was appointed co-chair with Linda Modrell for AOC Public Lands.

13. EXECUTIVE SESSION as per ORS 192.660

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

There being no further business, Commissionr Stewart adjourned the meeting at 4:40 p.m. 

Melissa Zimmer
Recording Secretary