December 9, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 7-28-2010


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. PUBLIC HEARING and ORDER 09-12-9-4/In the Matter of Approving the Issuance of Additional Revenue Bonds by the Metropolitan Wastewater Management Commission; and Providing and Effect Date.


Ron Bittler, gave a power point presentation.  (Copy in file)


Commissioner Sorenson opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 09-12-9-4.


Dwyer MOVED, Stewart SECONDED.


Sorenson asked when this needs to be approved.


Tim Sterns, MWMC, responded that by 2013/2014 they will need the full $200 million.  He noted that they need a majority of the amount soon.  He indicated that the bonds are not there.  He stated that it is an equity issue in borrowing money.


Fleenor asked how it will affect the rate payers.


Sterns responded the bond funding is driven by net revenue to debt service.  He said they are able to keep rates low for borrowing. He indicated that next year there is a 10 percent rate increase.  He said they are looking for the most cost effective rate.


Stewart indicated that they tried hard to get ARRA money that could reduce the cost of the project.  He added that when they have an opportunity for grant funds they will work on it.


VOTE: 5-0.


b. FOURTH READING AND PUBLIC HEARING AND DELIBERATION/ Ordinance No. 2-09/In the Matter of Amending Chapters 13 and 16 of Lane Code to Revise and Add Definitions Pertaining to Lawfully Established Unit of Land, Partitioning Land and Property Line Adjustments (LC 13.010, 13.030, 13.450, and 16.090) (PA 09-5350) (NBA & PM 7/7/09, 7/221/09, 10/21/09).


Lindsay Eichner, Land Management, explained these are the proposed text chapter amendments for  Lane Code Chapters 13 and 16 to add text for  property line and validation of units of land, ensuring the code is consistent with state law. She recalled the Board directed staff to work on this and they held a stakeholder meeting to work on code language. She noted the last time the Board met on this item was October 21 and they held a public hearing and it was continued to today. She said staff has prepared Lane Manual changes in response to the Lane Code changes.


Commissioner Sorenson opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


Eichner reported that staff worked together to determine how much time would be spent for each specific aspect of the process.  She said they determined overhead costs and these are the fees before the Board.  She noted Attachment 2 has the base fee and the fees with existing surcharges and that is what people will pay.  She said they wanted to increase productivity and efficiency and help to reduce costs to the applicant.  She said that this prompted staff to calculate fees for legal lot verifications.  She noted the proposed changes would charge a base fee and additional fees per deed.  She said they thought the individual deed was the best variable versus lumping the deeds in groups.  She stated in this proposal they have eliminated the preliminary legal lot verification.  She indicated that people would have to apply for another application for notice and it makes the legal lot verification final.  She added that it will save them and the applicants time.  She said they will leave the notice fee in Lane Manual to wrap up any lose ends.


MOTION: to adopt Ordinance No. 2-09.


Stewart MOVED, Dwyer SECONDED.




c. FIRST READING AND PUBLIC HEARING AND ORDER  09-12-9-5/In the Matter of Amending Chapter 60 of the Lane Manual to Revise Fees for Public Works Department/Land Management Division – Planning Program (LM 60.851).


MOTION: to approve ORDER 09-12-9-5.


Stewart MOVED, Fleenor SECONDED.


Matt Laird, Land Management, reported that this is the new process and the enacted fees.  He said he might be coming back to justify additional staff to run the program.  He indicated with the current economy, they put forth at least 60 new land use applications and with any type of increase, it would get beyond where staff would be capable of taking on the additional applications. 


VOTE: 5-0.

d. FOURTH READING/PUBLIC HEARING/DELIBERATIONS/Ordinance No. PA 1265/In the Matter of Adopting Text Amendments to the Junction City Comprehensive Plan Consistent with the Recommendations of the Junction City Economic Opportunities Analysis (EOA), Adopted as Appendix III to the Junction City Comprehensive Plan; Adopting Map Amendments to the Junction City Urban Growth Boundary (UGB) Including 257 Acres of Land Re-Designated for Industrial Use and 40 Acres of Land Re-designated for Public Use, and Aligning the UGB With Existing Right-of-Way on Highway 99 to be Co-linear For Future Provision of Key Urban Services; Making Corresponding Changes to The Lane County Rural Comprehensive Plan; and Adopting Savings and Severability Clauses. (Applicant: Junction City) (File No. PA 09-5599) (NBA & PM 10/21/09, 11/04/09, 11/24/09).


Stephanie Schulz, Land Management, recalled that on November 24, 2009, the Board heard testimony from the city of Junction City and other parties.  She said at the conclusion of the meeting the Board set a Fourth Reading and continued Public Hearing until today.  She indicated that the city and the Westsiders are working on a settlement agreement for the Phase 2  customized periodic review land use analysis.  She indicated that nothing else had been submitted into the public record.  She reported that last night the Junction City Council met to consider a settlement agreement. (Copy in file).  She added that the city has signed the agreement.  She stated staff’s recommendation is to close the hearing and consider adopting the ordinance.


Handy asked about the issue of the prison site zoned as public lands.


Vorhes indicated that there is a paragraph that addresses that in the agreement.  He indicated that he had e-mail correspondence with the counsel for the city and has had phone conversations with counsel representing the Westsiders. He noted in paragraph 4, on page 3 of the settlement agreement,  the city agrees to redesignate the state properties: the mental health and prison for  public land and rezone it at the time of annexation.  He added that the provision addresses the issue and the city approves the agreement.


Handy wanted to have ordinances to have commitments in them that would  be honored.  He asked if they did have them.


Vorhes responded that the city has signed the agreement.  His recommendation is for the Board to recognize in the motion to act on the ordinance, but not to change the language, otherwise they would have to have additional readings.  He said that the Westsiders are okay as long as the city is okay with the terms.


Commissioner Sorenson opened up the Public Hearing.


Jeff Haig, Junction City, said he is a Westsider.  He indicated that the zoning was not to change the property later or to add it to the urban growth boundary but to protect the Westsiders.  He said Junction City made the effort to come up with a reasonable agreement to live with.  He asked if it would put them in a safe position in Phase 2.


William Vorsette, Eugene, thanked the Board for moving the process in the right direction.


David Clyne, City of Junction City, thanked the Board for the work they did to get them where they are today.  He indicated that everyone came with the willingness to bargain. He reported that last night the council approved the agreement.  He said they are waiting on the award of the second phase.  He stated that they are all moving forward together.


Handy thought with the possible subsidy to pay for the added infrastructure to the prison that the city residents might have to pay increased rates.  He also thought the state would pay more of its share of the investment to preclude residents from seeing increased rates.


Clyne responded that with the institutions in place, the rates to the ratepayer in Junction City will go down had they not been there. He said they were looking at a $20 million investment from  the city. He added if they come, the state will pick up the difference.


Vorhes indicated they will consider the signed copy of the agreement and e-mail correspondence part of the record .


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


MOTION: to adopt Ordinance No. PA 1265 incorporating the signed settlement agreement into the ordinance.


Fleenor MOVED, Handy SECONDED.


Vorhes indicated that they can revise the findings to reflect the agreement.  He added that nothing in the findings speaks to the process, but they could incorporate it under Goal 1 without a substantive change.  He said what was critical was having the city’s signature on the agreement.




Fleenor asked the Board to direct Land Management to provide consideration for the cost of the second phase and during the second phase, not charge as much as phase one, but to roll the two together.


Laird indicated they could look at the Long Range Work Program to see how they could fit it in.  He said he would come back to the Board with the information.






15. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(e) to negotiate real property transactions.






There being no further business, Commissioner Sorenson adjourned the meeting at 2:30 p.m.


Melissa Zimmer

Recording Secretary