January 28, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 4/15/2009


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. ORDER 09-1-28-15/In the Matter of Adopting the Five-Year Parks and Recreation Capital Improvement Plan (CIP) Priorities List for FY 09/10 through 13/14. (Todd Winter).


Todd Winter, Parks, asked the Board to approve a Five-Year Parks and Recreation Capital Improve Plan pursuant to Lane Code and Lane Manual.  He said Lane Code provides that the County shall adopt by order a Parks and Recreation Capital Improvement Plan listing the projects that are to be funded with SDC revenues.  He indicated that although no projects are planned for FY 09/10 that will use SDC funds, they are still required to update the Five Year CIP.  He reported that they will be having a grand opening on February 5 for the Armitage Campgrounds.  He noted in this yearís plan, they stated whether projects were revenue generating or critical infrastructure was needed.


Dwyer thought it was a good update and he supported the plan.


Fleenor echoed Dwyerís comments.


Handy wanted to know how much Parks had received annually since  SDCís were put in place. He wanted to know if there were emerging priorities and what a process might look like to amend the list.  He wanted to know what some projects would look like if they had leveraged funding.  He wanted to know about projects that werenít funded that would create additional revenue streams.


Stewart asked if they could bring in revenue from the boat docks at Richardson.


Winter said there is failing infrastructure at Richardson and it is critical revenue.  He recalled that they used to have a waiting list and they went to 80 percent occupancy.  He added that two years ago they had to cut off 28 slips because they were unusable.  He said they have to reduce and eliminate debt.  He indicated that they worked down the interfund loans and two revenue bonds sunset this fiscal year.  He noted they satisfied the Orchard Point and Phase 2 of the Richardson Campground.  He said to fund the project at Richardson, they would be looking at a revenue bond.


Winter reported that the Parks Advisory Committee is starting the completion of the Master Plan process and they will come before the Board for a joint meeting.  He indicated that the five year CIP went to the Parks Advisory Committee and came back with a unanimous recommendation for approval by the Board.


MOTION: to approve ORDER 09-1-28-15.


Fleenor MOVED, Dwyer SECONDED.


Stewart indicated that he received comments from people that the docks are in such terrible shape that they donít want to rent them. He asked when Winter works on SDCís to include the Home Builders because they have been critical in the past of the Boardís attempts.  He wanted an update about collecting SDCís within the cities of Eugene and Springfield for Parks.


Winter indicated that was an option they were bringing back including collection inside the cities of Springfield and Eugene.


VOTE: 5-0.


b. ORDER 09-1-28-16/In the Matter of Entering Into a Bulk Services Agreement with Comcast of Oregon II, Inc. for Cable Television Services for the Armitage Park Recreational Vehicle Campground. (Todd Winter)


Handy asked where the opportunities were in the right-of-way agreements for the County to generate revenue.  He asked if agreements are violated, if there was a way to have a fee involved.


Winter said they have made changes with Comcast to address Handyís concerns.  Winter looked at the franchise agreement and state statute doesnít provide for counties to charge for infrastructure of utilities inside of the rights-of-way.  He noted that Comcast has a franchise agreement with Lane County for infrastructure and rights-of-way. He indicated that currently Comcast provides a payment of $240,000 for their infrastructure in the Countyís rights-of-way. He added that there is five percent gross revenue of whatever they pay going directly into the Lane County general fund.  He addressed the termination.  He said they went back to Comcast to remove language pertaining to a monetary penalty the County would pay if they were late on their payment.


MOTION:  to approve ORDER 09-1-28-16.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0..


c. ORDER 09-1-28-17/In the Matter of Awarding a Waste Diversion Opportunity Grant in the Amount of $134,500 to Nextstep Recycling for the Purpose of Expanding Computer Reuse and Recycling Services to Springfield Area, and Authorizing the County Administrator to Sign the Contract.


Patti Hansen, Waste Management, asked the Board to award a waste diversion opportunity program grant in the amount of $134,500 to Nextstep Recycling for the purpose of expanding their computer reuse and recycling services into the Springfield area.


Sarah Grimm, Waste Management, explained that the new e-cycles law created statewide has resulted in eliminating a significant portion of Nextstepís revenue source.  She indicated that Nextstepís strategy to successfully transition to this new program (without sustaining losses) is to increase their services and contact to the community and to increase resale with the opening of the Springfield location


MOTION: to approve ORDER 09-1-28-17.


Dwyer MOVED, Stewart SECONDED.


VOTE: 5-0.


Hansen explained that they have been working on a process to go forward.  She said people have been coming to them with ideas and they wanted to have a process in place. She enclosed a draft for the Boardís review. (Copy in file).


Sorenson recommended Hansen, Marsha Miller, Public Works, and Spartz come up with a plan and make a recommendation.


d. ORAL REPORT/Population Concerns re: Small Cities Post Acknowledgement Plan Amendment (PAPA) (file # PA 08-5873).


Matt Laird, Land Management, indicated that concerns have been raised over the notice process with the Small Cities PAPA application for population.  He said when he investigated, he found the meeting was scheduled for December 16 and it was cancelled that day due to poor weather conditions.  He added that they contacted everyone through e-mail stating it wasnít safe to travel.  He said after that his staff person moved the meeting to the next scheduled Planning Commission date, published a notice in the paper, but notice was not sent out to interested parties. He commented that it was not a violation because there will be opportunities to be heard by the decision makers at the Board.  He said it means that the Planning Commission did not hear from all sides who were interested in providing testimony and information on the case.  He indicated that was why the Board has a Planning Commission, to hear the information so they could forward a recommendation to the Board.  He recommended having the Board direct Land Management Division to send the application back to the Planning Commission for reconsideration.


MOTION: to send the application back to the Planning Commission for reconsideration.


Dwyer MOVED, Stewart SECONDED.


Dwyer wanted Laird to re-notice the meeting and allow all sides to be heard prior to the conclusion of the Planning Commission.


Stewart wanted Laird to note it was re-noticed due to weather and notice requirements and those were the reasons the Board was remanding this back.


Fleenor asked if they could amend the motion to state that the Planning Commission may continue to keep the record open and receive information, but they donít have to start over again.


Laird said the people who provided testimony will still be in the record.  He said they will re-notice the meeting and open the hearing.  He added that everyone would still have an opportunity for testimony.  He noted what is currently in the record will stay in the record and there will be an opportunity to add to it.


Handy said they should look at some of the things that other divisions within Public Works do well, like the transportation division.  He said they automatically put everyone on an e-mail list.  He thought it would go a long way to heal some doubts that people have.  He suggested Laird partner with Spartz or Miller around low cost ideas.


Vorhes said they have a motion and Board action would be appropriate.  He indicated that it would be directing staff.  He indicated that this will be part of the record as will the exchange of e-mails in this application.  He said everything will be available for people to review and comment on.


VOTE; 5-0.






a. Announcements






1) Formation of the Lane County Forestland-Urban Interface Classification Committee.


Spartz reported in the fourth paragraph (copy in file), it suggested that three members are appointed by the County, one member by the Fire Marshal and one by the State Forester.


Stewart recommended Keir Miller, Land Management.  He added that there needs to be an owner of interface property who permanently resides on the property.  He thought that could be Steve Woodard or Bob Kintigh.


Sorenson recommended appointing one County official and each commissioner appoint a member and Stewart and Fleenor could find one person that meets the statutory minimum.


Stewart said this pertains to people who live in rural Lane County and it has to do with their homes and the work around them.  He said if each commissioner wants to pick a member, they have to share the same characteristics around their homes.  He added that it is for a specific purpose of firewising around rural homes.


Dwyer didnít want to appoint a member because his entire district is urban.  He explained that it calls for three members that are appointed by the Board, one by the Fire Marshall and by the State Forester. He didnít think they needed to expand on that.  He said Woodard or Kintigh was a good idea.  He wanted to get this committee going forward.


Sorenson asked how they would notice this.


Richardson didnít know if the statute requires notice. She thought they could notice this for 7 or 14 days.  She indicted that they want to start in February. 


Sorenson wanted to put out a notice to ask for applicants for the Lane County Forestland Urban Interface Classification Committee. He asked that they be submitted to Spartz and the Board could use their own resources to notify people that they can apply for the committee. 


Spartz thought they could post the opening for 14 days and they can come back to the Board.


Sorenson asked Spartz to send an e-mail to Lena Tucker to let her know what the Board did.




Fleenor announced the February 17 outreach will occur in Florence at the Siuslaw Rural Fire Station and Rescue.  He said the outreach session will occur from 3:30 p.m. to 5:30 p.m.  He said there will be a community dialogue, listening to the community to allow them to drive the conversation.  He commented that in the past whenever he has invited speakers, attendance drops and participation goes down.  He said the focus will be on what it means to be safe.  He announced that he will be having a community dialogue at Eat at Joeís in Low Pass tomorrow.


Stewart reported there was a Human Services Commission meeting on Monday.  He said they had a discussion about emergency planning during the cold weather for citizens who are homeless.  He noted that several of the community churches have opened their doors during cold nights and allowed people to stay in their facilities.  He said they are looking for an official plan.  He said he has been attending the American Leadership Forum to join and strengthen leaders to better serve the public good by building on the strength of diversity and promoting collaboration and problem solving among communities.  He completed his 18 month commitment to the process and graduated.  He said their class project was focused around hunger.  He noted that tomorrow will be a West Eugene Collaborative meeting.  He said they will bless the recommendation from the committee to the community on actions that could be taken and direction toward solving the transportation problems in West Eugene.


Sorenson reported that the Oregon Legislature has requested a County Court facilities meeting.  He said Vicki Walter and Nancy Nathanson have requested the Lane County Circuit Court meet with the Board of Commissioners or a group of commissioners.  He didnít know if he could attend the meeting.  He said it was in early February.  He asked the Board to contact Spartz if they have an interest in attending the meeting.  He came back from Washington, D.C. and he met with different legislators on federal forest legislation.


13. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (2)(d) to conduct deliberations with labor negotiators and per ORS 192.660(2)(L) to consult with Counsel on potential and pending litigation.  






There being no further business, Commissioner Sorenson adjourned the meeting at 5:20 p.m.


Melissa Zimmer

Recording Secretary