April 8, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 12-1-2010


Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




a. Announcements




b. ORDER 09-4-1-15/In the Matter of Clarifying the Process for the Appointment of Members to Advisory Committees, Boards and Commissioners, and Directing Staff to Bring Forward Modifications to Lane Manual.


Richardson reported that this was the same agenda packet she submitted last week.  She said the changes to the board order for number 1 are: if a committee is made up of five members, each member shall be appointed by the designated commissioner and the appointee shall serve at the will of the commissioner making the appointment, but for no longer than four years without reappointment.  She noted under number 2, she changed it so if it is more than five members, the other committee members review applications for any openings and forward on recommendations to the Board and the Board shall make the determination for the at-large appointees.  She said they shall serve at the will of the Board of Commissioners.  She said for number 5, if a commissioner fails to make an appointment to a committee within 90 days of being notified of an opening, the Board of Commissioner shall assume the responsibility for ensuring an appointment is timely made.  She added number 6, if  more than a simple majority of committee members recommend removal of any appointee, such recommendation shall be forwarded to the Board of Commissioners for review and possible action.


MOTION: to approve ORDER 09-4-1-15.


Dwyer MOVED, Fleenor SECONDED.


VOTE:  5-0.




a. Announcements


Bolinger reported that he met with Judge Sinclair and he still needs to meet with Judge Cable in Florence.  He indicated they have multiple measures that have recently been adopted that are being followed to expedite collections and create data so they have a more realistic picture of what their real challenges are.  He asked if he could report back on this in July.  He said it is premised on looking to see how effective these measures are and to get organizational analysis.




a. ORDER 09-4-8-15/In the Matter of Authorizing Execution of an Intergovernmental Agreement with the City of Florence to Facilitate Transfer of Rhododendron Drive and Sebastian Street From the County to the City.


Celia Barry, Public Works, reported the city is requesting transfer of Rhododendron  Drive.  She said Public Works had some concerns regarding insuring performance agreement measures remaining in place until an IGA was established with the city to take care of that issue.  She indicated they received a signed IGA from the city and they are prepared to support the surrender.  She asked the Board to first approve signing the IGA before approving the surrender.


MOTION:  to approve ORDER 09-4-8-15.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.


b. ORDER 09-2-4-3/In the Matter of Surrender of Portions of Rhododendron Drive (Co. Rd. No. 65) and Sebastian Street (Co. Rd. No. 1969) to the City of Florence. (NBA & PM 1/7/09, 2/4/09 & 3/4/09).


Mike Jackson,  Land Management, said they now have the IGA in place and it is up to the Board on what they want to do.  He said he still doesn’t know about the LUBA issue.


Vorhes explained the LUBA appeal of the Driftwood Shores annexation has ended.  He said LUBA affirmed the decision of the city in that case and no one has appealed.  He said Rhododendron Drive to Fawn Ridge Subdivision annexation is still at the Court of Appeals.  He said they had oral argument. He indicated a decision is pending.


MOTION: to approve ORDER 09-2-4-3.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 4-1 (Handy dissenting).


c. FOURTH READING AND SETTING THE FIFTH READING/Ordinance No. PA 1249/In the  Matter of Co-Adopting the Florence Comprehensive Plan 'Realization 2020', and Applicable Refinement Plans to Complete Periodic Review for the Urbanizable Area Outside Florence City Limits and Within the Urban Growth Boundary and Adopting Savings and Severability Clauses. (File No. PA 08-5142, Florence) (NBA & PM 9/17/08; 10/1/08; 12/10/08). (Fifth Reading: July 22, 2009, 1:30 p.m.)


Stephanie Schulz, Land Management, explained this is a further discussion on adopting the Florence Comprehensive Plan Realization 2020.  She stated at this time the public record is closed.  She said it is also a reading on the implementation measures being developed and proposed for the policy document.  She indicated that there has been further work done by the city of Florence.  She said there are revisions to the amendment presented at this time.  She added in order for those amendments to be considered and discussed further by the Board, staff recommended reopening the public record.


MOTION: to approve a Fourth Reading and Setting a Fifth Reading  and Public Hearing Ordinance PA 1249 for July 22 at 1:30 p.m. with the record being kept open to July 22.


Dwyer MOVED, Fleenor SECONDED.


Vorhes asked to include the latest versions of the amendments to the Comprehensive Plan.  He indicated that they could include it in the reading of the title of this ordinance so it is part of the ordinance.


Dwyer included the changes as part of the motion.


Fleenor agreed to the change.


Sandra Belson, city of Florence, asked the Board if the approach the city is taking is in the direction the Board is comfortable with. She recalled the last time she was before the Board in November, there was concern about their current proposal at that time regarding septic systems and growth within their urbanizable area.  She added there is concern that requiring connection to city sewer would be onerous on property owners and there was concern of the exception process the city had laid out for allowing individual septic systems.  She reported that since the November meeting, they have removed the requirement that there is a connection to the city sewer.  She indicated that all of the existing lots would be grandfathered in so they would be able to continue developing on septic systems without any special authority as it is now.  But in addressing the city’s concern for protecting their sole source aquifer and maintaing the water source as the only source, they wanted to emphasize more than they had in the past for the joint testing program. She asked if that was the direction the Board liked.  She said it would enable city and county staff to work together in preparing the details of the agreement as part of the Comprehensive Plan package.


Fleenor said there was the possibility of forming a work group in drafting language as to the testing of the septic systems and the water and what would constitute a triggering event.


Sorenson asked if the city and county could appoint three people and work with staff.  He recommended Fleenor choose three people from the West Lane District.


Fleenor asked how they are going to fund the County’s side of the work group.  He said they will need the expertise of staff.  He thought they should have staff work with the city to come back with a proposal that would provide them with a budget, ideas and how they could put the workgroup together.


Sorenson asked Marsha Miller, Public Works, to bring back options.


VOTE: 5-0.


d. THIRD READING AND SETTING THE FOURTH READING/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) (NBA & PM 11/05/08; 12/10/08). (Fourth Reading:  July 22, 2009, 1:30 p.m.)


Schulz said this is the implementation ordinance for the previous Comp Plan adoption.   She indicated this ordinance is for the Chapter 10 clauses.  She said this ordinance has been amended significantly to only contain a clause on lot divisions because the city is moving to the joint study proposal on the policy ordinance. 


MOTION: to approve a Third Reading and Setting a Fourth Reading and Public hearing, for Ordinance 7-08  for July 22, 2009 at 1:30 p.m. and keeping the record open to July 22.


Fleenor MOVED, Dwyer SECONDED.


VOTE: 5-0.


e. ORDER 09-3-31-4/In the Matter of Amending Chapter 4 of Lane Manual to Establish a Firewise Incentives Program (LM 4.300).


Keir Miller, Land Management, recalled last week that Land Management presented to the Board proposed amendments to Lane Manual that would be necessary to administer their Firewise Incentive Program. He indicated at that session the Board indicated they had received a letter from Cindy Land on March 30.  She raised concerns about the proposed language and the Board asked that Land Management review the letter and come back with a response.   He said Land raised four issues with the proposed language  He said she was concerned that this would establish a new bureaucracy and allow unwarranted searches on private property.  He said because it is a new programming with new funding, some  new staff position would be required.  He said they are proposing to hire four new positions with Title III dollars to administer the fund.  He stated the program will not involve any property searches.  He said they want to do an education and outreach campaign where they tell the people about incentives and financial oopprotunies the County has to offer.  He noted that going door to door was one of the most effective ways to get in touch with residents.  He indicated the only inspection would occur after residents say they want to partake in the program and are receiving funds.  He said they would sign an authorization form and they would inspect the property to make sure things were carried out so they could administer the grant funding.


Miller said that 20 percent of the program would go to waive building permit fees, for people who are building to a high standard of development to ensure their house is protected from a wild land fire.  He said they are not providing additional money to incentivise new development.  He said they want to guide people so they can develop in a sustainable way.  He said a majority of the funding will be used for retrofits of existing dwellings.  He said that Land brought up appeal fees.  He said they designed a two part appeal process to the Public Works Director if a resident is unhappy with staff’s determination and they would charge a fee of $100.  He added it is currently in line with what they do with their land use proceedings.  He said the second fee is $1,000 appeal fee, if an item went beyond the Public Works Director review and went to the Board.  He explained the cost is closer to $3,500 to bring an appeal to the Board. He said the intent was not to make money on an appeal.


Fleenor asked if there was a timeline that was pressing.  He wanted to continue to modify this to make  it more user friendly.


Miller said the intent is to get something established to advertise the program and get ahead of the building season.


Matt Laird, Land Management, reported that part of the program was to pass along federal dollars locally to stimulate local dollars for citizens and small businesses.


Handy said he was not persuaded for the need to waive fees.


Stewart stated he was supportive of the item as presented.  He was in support of the incentives and waivers.  He commented that it does not encourage more development.  He said it offers the County the ability to offer different roofing and siding materials and construction techniques that would encourage a safer home and limit the devastation that could take place from a wildfire.  He wanted the Board to pass this.


Sorenson asked what the timeline was.  He wanted to roll this to come back with other information on fee waivers.  He was worried about economics to Land Management.


Richardson said this is the new money and they will lose it if it is not used.  She indicated there are specific areas they can use the funding.  She said they could utilize the money to waive the fees and it goes into the County and they would build to a higher standard than what the code requires.  She said this was a way to incentivise to build a house to survive a fire.


Stewart said the program is not waiving fees, it takes money available to encourage federal firewise money from Title III and subsidizes and encourages people to do something different than what they were planning.  


Sorenson said looking for opportunities where they can raise additional revenue for Land Management is an interest the Board has. 


Dwyer said they don’t want to make the appeal free even if it is supplanted.  He recommended for the first two years they set aside $15,000 of the money to subsidize appeals for a temporary firewise appeals process where the appealant pays $250 of $1,000 and firewise supplies that with $750 of their money so Land Management gets $1,000.  He wanted it to be for two years or if they run out of money, whichever comes first.


Fleenor recommended language stating door to door outreach would be limited to provide information for the firewise program and the successful completion of a firewise incentive program and will not be used for land use or building permit identification and/or enforcement.  He wanted to make it clear when people come onto a property that they are doing firewise only.


Laird said their intent is not to collect land use data about anything except asking people if they want to participate in the Firewise Program.


Handy wanted to get to the dwellings that already exist in the urban renewal interface.  He wanted to see language brought back to include the option of any subsidizes waiver language targeted at remodels instead of new developemtn.


Laird stated incentives do not go toward any land use approval at all.


Sorenson wanted this to come back next week with suggestions that within nine months they will have reviewed the first year’s program to see whether there was a maximum use of 80/20; incorporating concerns that this won’t be used as an enforcement tool for the code and incorporating Dwyer’s concerns about reservation of money and appeals fees.  He said they can approve the program when this comes back.




Fleenor distributed  correspondence from Cindy Land. (Copy in file) relative to item !0 e.




Fleenor announced he is having a community dialogue at Robbie’s Café in Veneta.


Stewart reported the Forest Trust Land Council met last week.  He said the state is in the process of trying to give direction on cut levels for the future.  He said it will be less than what has taken place in the past.  He said the counties who receive that money will have to work on what they will do with the cut.  He said the projection for Lane County revenue is projected to be $1.2 million for the next few  years. He reported that Lane, Coos, Curry, Josephine and Douglas Counties have been selected to do an Oregon Solutions Project, looking at alternative energy opportunities and their first meeting will be in May.


Fleenor announced there will be a 10th Anniversary of That’s My Farmer on April 21 at the First United Methodist Church at 13th and Olive.  He indicated it is a partnership with 16 faith communities and 13 local farmers.


Sorenson reported that he and Handy attended a meeting in Salem on the ACT legislation. He will be meeting with the Mayors of Lane County on Thursday to discuss better relations between the County and the cities.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (l) for pending litigation and (f) for the purpose of  personnel matters






There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 3:45 p.m.


Melissa Zimmer

Recording Secretary