BOARD OF COMMISSIONERS'

REGULAR MEETING

March 4, 2009

Following HACSA

Harris Hall Main Floor

APPROVED 3/18/2009

 

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

 

1. ADJUSTMENTS TO THE AGENDA

 

There will be a HACSA Executive Session.  There will be a letter from Handy as an Emergency Business item on the Hanford Reservation as the national site for radioactive waste.  

 

2. PUBLIC COMMENTS

 

Jim Gillette, Eugene, agreed with Dwyer about the homeless situation. Gillette said times are tough for the homeless and homeowners.  He said there is a partial solution to help both at no cost to the County.  He noted that the city of Eugene allows every resident to have a homeless person living at their residence along with businesses and churches.  He said their plan was flawed because they allow no bartering, work or financial hope to the homeowners.  He thought in the County where there is large acreage they could have room for homeless people.  He commented that most homeless people have help and most want to work and a chance to contribute.  He thought it could be a win-win situation for everyone. 

 

Carolyn Smith, Eugene, represented The Register Guard Federal Credit Union.  She provided the Board with a packet regarding their request to consider amending the language dealing with the inclusion of a road easement in a property owner’s legal lot acreage.  She said they are working with their member to try to find a solution.  She said their credit union takes great pride in trying to work individually with each of their members to find a viable solution so their member could keep his home.  She indicated a road block is due to his secondary lot being non-buildable because it doesn’t meet the minimum two-acre requirement.  She wanted to see language amended so the easement that is part of Huston Road would be inclusive and would create a parcel that was two acres.  She indicated that his lot would become marketable and they will continue to help him through the sale of the property and the refinancing.  She thought it was a solution to help their client.

 

Jeff Voyles, Veneta, said he lost his job and he was trying to be proactive and sell his house to help his situation.  He added that he just had a new baby yesterday.  He said his house is on 1.92 acres and the other lot is the same size.  He said his house was built in 1995 and the lot was divided before that.  He didn’t know why he can’t build on the 1.92 acres next door. He hoped the Board could do something.

 

Carol Berg Caldwell, Eugene, said she went through the citizen academy at the jail.  She said expanding the jail was not the answer, but she agreed that jail is a necessary sanction.  She said they have to start prioritizing social services.  She recalled that several of the 13 failed tax measures were a mix of programs.  She said many people didn’t vote for them because they disproportionately funded the jail and only lightly funded crime prevention and social services.  She thought they should organize a community fund drive and ask people to specify where they want their donations to go.  She gave $5 for the John Serbu Center to help teens beat addiction, $5 for the County homeless prevention efforts, $5 for domestic violence and child abuse prevention and $5 for the jail.  She said she would do this monthly for as long as she could afford to and she gets to specify the recipients.  She said she would be honored to help coordinate the campaign.  She commented that they are a diverse community with different ways of looking at the public safety puzzle.  She had a button that said “I rose to the challenge, public safety begins with me.”

 

Jeanne Savage, Eugene, spoke about the Human Services budget proposal.  She thanked the Board for the past support of Human Services in the community.  She said this trickles down to the non-profits.  She stated that she has been on the Board of Directors of the Pearl Buck Center for the past eight years.  She asked the Board to positively accept the recommendation coming forward for additional funding for the Human Services Commission within the supplemental budget.

 

William Wise, Eugene, stated that he is the Director of St. Vincent de Paul First Place Family Development Center, and he appreciated all the support the Board had given them with social services over the past years.  He noted that there are many solid many middle class people who have done everything right have lost their jobs or had their hours cut through no fault of their own.  He said so many people are barely holding on with the help of unemployment insurance, food stamps and help with the utilities.  He said they are bracing up for the eventual loss of uninsurance employment benefits.  He noted that most can hold onto housing, but he thinks there will be a wave of scared and angry citizens who are experiencing homelessness for the first time in their lives.  He stated that they are going to need all the help and support they can get.  He urged the Board for their  support.

 

Sheila Walden, Eugene, thanked the Board for the armory.  She said she lives in a shelter care facility and she is fortunate she has a place to stay.  She said the problem with homelessness is getting worse.  She said there is lack of medical care and a place to stay. She stated that the more help they can get, the better off people will be.

 

Robert Rogers, Eugene, said he is a program manager at Safe Haven in Glenwood.  He indicated they are entering their 11th year taking people with homelessness and chronic mental illness.  He thanked the Board for using the armory for a warming shelter.  He said they are getting more calls from people losing jobs.  He said in addition to the people with chronic mental illness, they are getting calls about their program.  He asked the Board to support St. Vincent de Paul and Shelter Care.

 

Marion Malcom, Eugene, thanked the Board for the armory and funding for homeless prevention.  She asked the Board to consider more funding.  She said that human misery is deepening and there will be more need.  She said the Board will need to put more money into basic human services.

 

Irene Altucker, Eugene, stated that she represents the Relief Nursery.  She reported that parents are having children reside in homes of relatives or friends while the parents become homeless because they don’t want their children to be homeless.  She said they are trying everything they can to provide a safe environment.  She said people are going to Relief Nursery because they are challenged and need help.  She indicated that every dollar the Board approves to go towards Human Services is high value and they try to stretch it as far as they can.

 

John Antone, Springfield, thanked the Board for the use of the armory.  He commented that the homeless need the same comforts that other people enjoy.  He asked the Board to put money where Jesus would.

 

Alan Zundel, Eugene, asked the Board to pass a resolution of support for SB 29, the instant run off voting local option bill. He said SB 29 would revise state law so as to accommodate local jurisdictions that want to choose to use IRV and to establish standards for its usage.  He indicated that the window of opportunity to pass this bill is short.  He noted that the Senate Rule Committee had already held hearings on SB29 and needs a nudge from local officials to move this bill forward.  He wanted the Board to support the revision of state law to accommodate the County’s right to chose to use IRV if it decides to do so.  He said that any city that wants to conduct an IRV election must bear the cost of the election. He added that they recommended to the Senate Committee that they revise the section to make it clear that any cost of running an IRV election be borne by the current jurisdiction adopting the IRV.  He said there should be no cost to the County unless the County chooses to adopt an IRV for its elections.  He commented that state election law should recognize the County’s constitutional rights to choose its own form of democratic system for its election.

 

Ken Tollenaar, Eugene, spoke about IRV.  He said the previous Secretary of State had opposed IRV, citing the absence of state statutory authorization for IRV.  He noted that will be corrected if SB 29 passes.  He said the League of Women Voters of Oregon have adopted a position in favor of SB 29 or legislation comparable. 

 

Peggy Robinson, thought the armory was a wonderful place for the homeless.  She commented that people could get hypothermia being out in the rain and she thought they should go into the armory when it rains.

 

Julie Meriwether, Eugene, was concerned about the direction 4H was heading.  She said there were three generations of her family who have served as volunteers.  She stated that the volunteers for 4H were dedicated.  She said that the new head of the OSU Extension Service thinks that 4H is a detriment because of the time it takes away from other programs.

 

Cliff Kelley, Elmira, said that he has been a long time volunteer for 4H.  He indicated that he has been a leader of 4H since 2002.  He added that in 2008 he was fired from 4H as a volunteer without notice or an explanation.  He was concerned about the direction that 4H is being taken.  He indicated that it is no longer focused on club rural activities, but it is now science and technology based.  He added the other focus is fundraising funds for OSU staff for their salary and benefits.  He said there is no money for programming.  He noted that the OSU Extension Service is under investigation at the federal level for misuse of USDA federal funds.  He was concerned about the approach with Dundrill and the volunteers.

 

3. COMMISSIONERS' RESPONSE TO PUBLIC COMMENTS AND/OR OTHER ISSUES AND REMONSTRANCE

 

Dwyer commented that he was disappointed that some people are hoping President Obama fails.  He stated if the President fails then the country fails.  He wished the President the greatest success in the world.

 

Fleenor said he was glad to see people giving public comment about the need of the community during the economic crisis.  He stated that the Board wants to do as much as they can but they are limited by the resources available to them.  He said they will portion out the resources in the best manner they can.

 

Handy indicated that on the capital project level, not everyone is aware of the Community Development Block Grants available through the County to help with capital pieces.  He thought there could be other opportunities.  He reported that last night the Board was at Central Latino and there was a good turnout.

 

4. CONSENT CALENDAR

 

A. Approval of Minutes:

June 13, 2007, Regular Meeting, Following Board of Health

June 13, 2007, Regular Meeting, 1:30 p.m.

January 27, 2009, JEO Meeting, 5:30 p.m.

February 4, 2009, Regular Meeting, 9:00 a.m.

February 4, 2009, Regular Meeting, 1:30 p.m.

February 18, 2009, Regular Meeting, 9:00 a.m.

February 18, 2009, Regular Meeting, 1:30 p.m.

 

B. County Administration

 

1) ORDER 09-3-4-1/In the Matter of Adopting Operating Principles for Legislative Advocacy during the Legislative sessions.  

 

2)  ORDER 09-3-4-12 Urging a Field Burning Ban in Oregon.

 

 

C. Health and Human Services

 

1) ORDER 09-3-4-2/In the Matter of Proclaiming the Month of March as National Developmental Disabilities Awareness Month in Lane County.

 

2) ORDER 09-3-4-3/In the Matter of Appointing a Member to the Lane County Animal Services Advisory Committee (LCASAC).

 

D. Public Works

 

1) ORDER 09-3-4-4/In the Matter of Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Bolton Hill Road (County Road Number 1183) Between Mile Post 0.00 and Mile Post 0.653.

 

MOTION: to approve the Consent Calendar with the addition of ORDER 09-3-4-12.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 4-0.

 

5. EMERGENCY BUSINESS

 

None.

 

6. COMMISSIONERS' BUSINESS

 

a. RECOGNITION/Recognition of Lisa Arkin, Aimee Code, Robert Lewis, and Laurie Treiger for their Contributions to Public Health.

 

b. REPORT/2007 Lane County Planning Commission Report.

 

Lisa Arkin, Chair, Lane County Planning Commission, wanted to let the Board know about the interest they have on the Planning Commission and asked for the Board’s support and resources.  She said they want to support the planning process and the work of the Planning Commission.  She stated that they want the Planning Commission to be strong in its role of being a face for the public.  She said they want to be the conduit between the public and the commission on important issues. She distributed information regarding areas that need future attention. (Copy in file) 

 

With regard to review of revenue sources for the planning program, Arkin that they want to explore streamlining plus new revenue streams to support the work of the Lane County Land Management staff and their commission.  She commented that if they can be creative and bring forward recommendations, she hoped the Board would be open to hearing them.

 

Arkin indicated with rural reserves and exploration of farmland reserves, they heard public comment given to the commission of the interest to preserve farmland as a food source for the citizens.  She commented that it will be important to produce food locally and that other counties in the state have been exploring rural reserves around urban growth boundaries.

 

With regard to riparian protection and water quality regulation review, Arkin said as they review the issues that come before them, there was agreement among the planning commissioners that riparian areas need protection and the code might not be sufficient.  She indicated that EWEB came to them to let them know about the study they are doing.  She wanted to come back to the Board to report back on a quarterly basis.

 

Sorenson thought rural reserves was important. He also liked riparian protection and review of revenue sources.

 

Fleenor was supportive of the three items.  He said with regard to revenue resources and streamlining, he wanted to work on the Chapter 14 appeals process.  He indicated that there is a draft proposal.  He wanted the Planning Commission to come up with a process where they could engage citizens to help them amend Lane Code.  He thought it would be a benefit to the citizens and staff.

 

Arkin recalled that the Planning Commissioner identified a review of marginal lands. She said it is not on the current report.

 

Bob Nobel, Planning Commission, stated that the list in the past that was created was lengthy and there was no realistic ability to address it.  He said this proposal in the work plan was prioritized and refined, where they could tackle the level of work.  He said this was usually adopted through a Consent Calendar item.  He wanted the Board’s approval with the list.  With regard to Chapter 14, Nobel stated there was a proposal discussed at the Planning Commission level where no action was taken.  He said there interest to understand what the Board’s objectives are.  He indicated that this particular item is to look at how they can make the commission viable through continued staff support if there are objectives the Board wants to have introduced.  He said with regard to other items on the list, he said they have to see what the staff has the ability to support. 

 

Handy concurred with the path they are on.  He commented that the Planning Commission has been underutilized since there is the public component.   He thought work around rural reserves and water quality is important to health and to maintaining farm and forest land.  He wanted them to review FEMA’s part of how they work with waterways.  He thought there could be funding from the feds to deal with floodplain protection and incentives for people to site their homes away from waterways.  He wanted to know more on how transportation and land use planning interface with one another.

 

7. PUBLIC WORKS

 

a. DISCUSSION AND ORDER 09-3-4-6/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.

 

Mike Jackson, Land Management, reported that on February  4, they brought to the Board a surrender of a portion of Rhododendron Drive and Sebastian Street.  He said at that time there were appeals annexation.  He noted that the Board at that time decided to continue the proceedings and keep the record open. 

 

Stephen Vorhes, Assistant County Counsel, stated that following the meeting of February 4, they received copies of briefs from the city attorney that have been filed in both the appeals.  He indicated that there had been an appeal of the Fawn Ridge annexation decision by the Boundary Commission.   He added that went to the Court of Appeals and is still pending.  He indicated that the other appeal filed was the Driftwood Shores annexation.  He noted that went to the Land Use Board of Appeals and they have issued a decision in that appeal. He said they affirmed the city’s decision and upheld that decision.  He said the appeal period is running and there is a potential someone will ask the Court of Appeals to review that decision.  He said the Court of Appeals’ decision is not on the land use fast track.  He said there is a slight risk that the Court of Appeals’ decision could find fault with the Boundary Commission action and invalidate the appeal. He said that could put at risk the Board’s action should the Board take the action on the surrender today.  He indicated that he has been in conversation with the city around the idea of entering into an intergovernmental agreement with the city to make it clear that responsibility for the road will be the city’s and the County gives that responsibility to them through the intergovernmental agreement.   He said if something were to happen, (taking action on the surrender) to call into question, the Board would have in place a mechanism that makes it clear the responsibility is with the city.  He thought this item should come back.  He said they could leave the record open and they could discuss the status of the appeal and what the risks are and status of the agreement before they act on the surrender.  He said they would then be in a position to release the performance agreement, the security that Lane County has for the road improvements.

 

Fleenor asked if they took action to surrender Rhododendron, what the liability to the County would be.

 

Celia Barry, Public Works, reported that they have a performance agreement with the developer.  She said if they take action today, they will need to release the developer from their performance agreement and if the annexation is overturned, they no longer have a performance agreement to keep the developer for road improvements.  She indicated that they need an agreement with the city to take care of the situation.

 

Bob Willoughby, city of Florence, said they were willing to negotiate an intergovernmental agreement to agree that notwithstanding whatever happens to the annexation challenges that the city will agree to take permanent responsibility for the maintenance of the road.

 

Vorhes explained that the IGA they are discussing could memorialize the recognition that the city may have different ideas about how to develop, (not just the portion of Rhododendron Drive around the Fawn Ridge subdivision) the entire length to their standards and acquiesce from the County to do that.  He commented that the statutory authority is there to do this.  He said the County and city could agree that the County has jurisdiction over the roads, but it is less clear how the scenarios could affect who has what authority for the roads.  He said an IGA provides a mechanism to memorialize the understandings and provide the evidence of what the County and the city has in mind for the road.

 

MOTION: to keep the record open and roll this to April 8, 2009.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE; 5-0.

 

8. COMMISSIONERS' BUSINESS  

 

c. REPORT/McKenzie River Basin.

 

Suzanne Knapp, Office of the Governor, Natural Resources, gave a power point presentation. (Copy in file).

 

9. YOUTH SERVICES

 

a. ORDER 09-3-4-7/In the Matter of Naming a Conference Room in the Department of Youth Services Building in Honor of Dr. John Crumbley.

 

MOTION: to approve ORDER 09-3-4-7.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

 

10. MANAGEMENT SERVICES

 

a. ORDER 09-3-4-8/In the Matter of Awarding a Contract for Phase 2 of the Performance Contracting Program to McKinstry Essention, Inc. as the Energy Services Company (ESCO).

 

David Suchart, Management Services, explained that when they first started to work on the project, it was originally to upgrade the systems at the jail.   He said they worked through the first phase of the project and they recognized that they would not be able to use performance contracting to take care of all of the systems at the jail.  He noted that Option 1 was to take care of all of the systems.  He said that was to be over $1 million and given the County’s financial situation, it didn’t seem prudent to continue.  He stated that there is a risk of a systems failure if they don’t deal with the problem. He said while they have been going through this, EWEB has been talking about going off of steam.  He said the conversations with EWEB were more critical about getting off steam.  He indicated that the jail is reliant on steam for its heating system.  He indicated their recommendation is moving ahead with Phase 2.  He added that they would also be getting the court house and the public service building off of steam.  He said the alternative would be at the mercy of whatever happens with EWEB and their steam system.  He thought it would be better for them to be on the front end.  He indicated that they will have to come to the Board about the Charnelton Place building and they will be bunching the financing together to eliminate overhead and insurance costs.

 

Fleenor said he was supportive of this type of thinking.  He said under normal circumstances he would move forward.  He said they are facing economic uncertain times.  He asked if they could hold off on  implementing Phase 2 until after July when they might have a better understanding with federal and state revenue streams and property taxes.  He thought there might be a chance that they would have to shut down the adult corrections.  He said he didn’t want to move forward without their knowing if they would be maintaining the building.

 

Chris Bristow, McKinstry Essention, Inc. commented that the more that a project is shovel ready, the more they might be to get the stimulus funds.  He said they were not asking for a construction contract.

 

MOTION: to approve ORDER 09-3-4-8.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 4-0.

 

There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.

 

 

Melissa Zimmer

Recording Secretary