BOARD OF COMMISSIONERS'
REGULAR MEETING

May 20, 2009
1:30 p.m.
Harris Hall Main Floor
APPROVED 1-12-2011

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.

1. PUBLIC HEARINGS

a. ORDER 09-5-20-1/In the Matter of Approving a Fair Housing Resolution.

Mike McKenzie-Bahr, Economic Development, explained that Lane County has received a Community Development Block Grant for the Row River Water District to improve water quality in that area.  He said part of the condition of the grant requires a Public Hearing.  He said the Public Hearing is to let citizens know that Lane County did not discriminate in the sale, rental, lease, advertising of sale, rental or lease financing of housing or land to be used for construction of housing or the provision of brokage or rental services because of race, color, religion, sex, disability (physical or mental) familial status or national orgin as all phobited by Title VII of the Federal Fair Housing Amendment of 1999.  He said that Lane County supports the Federal Fair Housing Amendment Act and to implement a fair housing program to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex disability (physical or mental), familial status, children or national origin.  He said when the Board adopts this resolution, that is what they will be supporting today.

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

MOTION: to approve ORDER 09-5-20-1.

Stewart MOVED,  Fleenor SECONDED.

VOTE: 5-0.

2. PUBLIC COMMENTS

Alejandro Queral, State Director of Government Affairs, American Heart Association, Portland, talked about menu labeling.  He stated the American Heart Association supports menu labeling bills that put the calorie counts in at the point of purchase.  He indicated they worked with Multnomah County and that is a strong issue that should be considered as model policy for the rest of the state.  He was concerned about pre-emption of the bill.  He indicated that they are now opposing HB 2726.

Andrew Epstein, Portland , stated he is present on behalf of the Oregon Public Health Association.  He said he is the Chair of the Health Policy and Advocacy Committee and they advocate for health policies and they think that menu labeling is a policy that would promote the health of Lane County .  He encouraged the Board to pass the policy.  He didnít think there should be pre-emption of local authorities to have their own ordinances. He hoped Lane County will be allowed to move forward with its own ordinance.

Stephanie Young Peterson,   Eugene , discussed an experience she had with Red Robin Restaurant .

Deb Frisch, Eugene , commented about a Register Guard article about last nightís Budget Committee meeting.

Zachary Vishinoff, Eugene , distributed documents about the University of Oregon arena project. (Copy in file).

Laurie Trieger, Eugene, gave the benefits of passing the menu labeling ordinance for Lane County today.  She indicated that there is no cost to the County.  She commented that it is the most decisive and powerful action that the Board of Health could take to back up comments for supporting menu labeling and opposing statewide preemption.  She asked the Board to approve the ordinance.

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

Sorenson reported that last night the Lane County Budget Committee approved the budget for Lane County for the fiscal year.  He said the citizen members of the Budget Committee worked until 11:30 p.m. putting this budget together.  He said the Budget Committee has reaffirmed its commitment to have no major taxes included in this budget.

Fleenor indicated that last night they completed their statutory requirement for balancing the County budget, but they did not rely on creating any new major taxes.  He said it was consistent from the citizens of Lane County where they 13 times in a row have rejected new taxes.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

A. Approval of Minutes:  None.

B. Health and Human Services

1) ORDER 09-5-20-2/In the Matter of Awarding a Contract Amendment to Lane Community College, Extending the Agreement by One Year and Adding $210,000 in Authorized Payments for the Period March 1, 2009 through June 30, 2011 and Appropriating $40,000 in Revenues and Expenses in Fund 286 of Health & Human Services.

C. Board of Commissioners

1) ORDER 09-5-20-3/In the Matter of Appointing One Member to the Lane County Fair Board.

D. Management Services

1) ORDER 09-5-20-4/In the Matter of Accepting a Proposal from Diamond Parking Services, LLC for LCP 2008-10 and Awarding a Three Year Materials and Services Contract for Parking Facilities Administration Service).

2) ORDER 09-5-20-5/In the Matter of Authorizing an Operating Interfund Loan in the Amount of $75,000 from the General Fund to the Management Services Special Revenue Fund.

3) ORDER 09-5-20-6/In the Matter of Acquisition of Property for the Riverstone Community Health Center at 2073 Olympic Boulevard in Springfield .

E. Public Works

1) ORDER 09-5-20-7/In the Matter of Amending a Revenue Agreement with the City of Eugene for Engineering and Materials Testing Services for an Additional Amount Not-to-Exceed $50,000 and Authorizing the County Administrator to Sign the Amendment.

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

6. COMMISSIONERSí BUSINESS

a. ORDER 09-5-20-8/In the Matter of Ratifying the FY 09-10 Regional Wastewater Program Budget and Capital Improvements Program as Approved by the Metropolitan Wastewater Management Commission (MWMC).

Ron Bittler, city of Springfield, distributed information. (Copy in file).

MOTION: to approve ORDER 09-5-20-8.

Stewart MOVED, Fleenor SECONDED.

VOTE: 4-1 (Dwyer dissenting).

Dwyer stated that mom and pop will be dinged with the fees.   He thought they needed to revise the program for something that will happen 20 years out.

7. COUNTY ADMINISTRATION

a. Announcements

Spartz reported the government announced a program to be funded for unemployment based on the availability of excess reserves.  He said the goal is to create 12,000 short term jobs.

b. ORDER 09-5-20-9/In the Matter of Recognizing Lane Countyís Cleantech Cluster as a Key Local Industry Sector.

McKenzie-Bahr explained that this is the recognition of a new cluster.  He recalled the state of Oregon settled on the phrase Cleantech.  He said it was previously called a sustainability cluster or green cluster.  He added that the state also formulated 11 segments. (Page 2, copy in file).  He said they had to do a business survey and they identified over 80 businesses.  He said the goal is to recognize clusters and to be able to apply for grant dollars to assist businesses with their growth strategies.

MOTION: to approve ORDER 09-5-20-9.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

8. COUNTY COUNSEL

a. Announcements

Richardson noted that the mics at her table were not working last night for the Budget Committee meeting.  She didnít know how much they said made it into the record.  She will review the audio tape from Metro and if they need to supplement parts to the budget they will at a later time.

9. PUBLIC WORKS

a. ORDER 09-5-20-10/In the Matter of Approving an Intergovernmental Agreement With the City of Eugene Regarding the Construction of the Delta Ponds Bridge Project and Authorizing the County Administrator to Sign the Agreement.

Frank Simas, Public Works, recalled the Board received information in January 2009.  He noted this has been part of the United Front lobbying effort.  He said the project will provide alternative transportation from the Bascom Bike Path on the west side of Delta Highway to the Cal Young neighborhood on the east side.  He reported the project is budgeted at $6.2 million and the city received a grant for $2.2 million, the final component for construction.  He said they propose to put this project out for bid on May 27.  He wanted to complete the IGA.  He noted the IGA is required because it is going to cross over Delta Highway , a County owned facility.  He added the city needs a permanent right to cross over the highway instead of a facility permit.  He said this allows the County to execute an aerial easement for the actual bridge structure and a surface easement for the inner support for the structure.  He said the easement required is 60 feet in width and it requires the bridge structure to be no less than 17 feet from the pavement surface in accordance with ODOT freeway standards.  He indicated the IGA contains the hold harmless provisions and the city agrees to maintain and operate the facility in perpetuity in accordance with all terms of the easement and at no cost to the County.  He recommended approval.

MOTION: to approve ORDER 09-5-20-10.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

b. REPORT BACK/System Development Charge Study Status.

Celia Barry, Public Works, recalled this work began in 2006.  She said they have been doing in-house research to see what other counties and cities in Lane County are doing and they turned to FCS Group.  She indicated Todd Winter, Parks, already has an SDC for Parks and FCS Group is working to update the SDC.

John Ghilarducci, FCS Group, gave a presentation on system development charges. (Copy in file).

Dwyer stated that cities donít allow the County to collect SDCís.  He thought the Board needed to write a letter to the cities and ask for their cooperation.

Fleenor thought this was the time to insert language that would promote the small cities to collect the fees.

Handy thought they needed to send a letter and have community outreach.  He wanted to see want it would look like for Parks SDCís to also include businesses and people who use parks.

Stewart was interested in having a presentation of the transportation SDC along with Parks when they come back. He didnít know if he would be in support of it.  He noticed a lot of other cities are either deferring their SDC fees or not collecting them in these economic times.

Sorenson wanted a uniform SDC that would be collected for all of the public infrastructure that goes along with growth so they donít have to have different districts all collecting fees.

Ghilarducci thought they may be able to take that comprehensive approach with Parks and Transporation, but they are constrained with the laws as to what services they can develop for SDCís.  He said it would take major collaboration efforts with the cities.  He thought they could come up with one major project list to develop countywide.  He said the trick would be allocating the money.

Sorenson asked to bring this back in two months.

c. REPORT BACK/Options for Land Management/Waste Management Services.

Marsha Miller, Public Works, recalled on May 5 they presented the Land Management Waste Management Financial Plan and the budget proposal for Land Management.  She said based on that meeting, the Board requested they bring back information with options to look at the possibility of funding the Land Management gap and further services with fees from Waste Management Division.  She discussed four options. (Copy in file).

Sorenson thought they should move to Option 3.  He said they want to move forward with the pros and cons of a complete move, merger and evaluation.  He said they donít want to stop Land Management from going on a fee only budget.

Dwyer stated that his policy is there has to be a nexus between them and there isnít one.  He said until he can be shown a nexus, he wonít support it.

Fleenor supported Option 3.  He wanted to move Land Management out of the Public Service Building out to Delta as soon as possible.

Handy stated he supported Option 3.

Stewart asked if it was legal to use funds this way.

Spartz responded that was a question he would have to ask.

Stewart was supportive of improving Land Management.  He wanted to have staff bring back an additional conversation about raising the tipping fee to $68 and apply the additional revenue towards counsel costs, appeals and defense of decisions they make.  He believes that is a large generator of increased permit costs. 

Sorenson wanted to move forward with Option 3, putting a slight fee on increasing tipping fees and devoting money to Land Management activities.

Fleenor also thought Option 3 could be used for additional legal expenses and he supported moving this forward with a report back on when they can move forward with this.

Stewart had concerns with Measure 49 claims.

Miller reiterated that she will move forward with Option 3, to come back with a timeline for moving Land Management to Delta with specifics, to ensure when looking at raising their fees that they are looking at incorporating the costs for legal fees and that Laird will get back by e-mail on the Measure 49 process.  She thought this would be effective on July 1.

10. HEALTH AND HUMAN SERVICES

a. FOURTH READING AND SETTING FIFTH READING/Ordinance No. 1-09/In the Matter of Codifying the Order and Rules of Board of Health on Chain Restaurant Nutrition Labeling by Amending Chapter 9 of Lane Code to Include Those Rules (LC 9.711 - 9.730) (NBA & PM 3/31/09, 4/1/09, 4/14/09, &5/6/09) (Fifth Reading: July 8, 2009).

MOTION:  to approve a Fourth Reading and Setting a Fifth Reading on Ordinance No. 1-09 for July 8, 2009.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

11. CORRESPONDENCE TO THE BOARD

Sorenson indicated he received a letter from the United State Department of Energy regarding weatherization.  He said Lane County was eligible to receive a direct formula grant as part of the Energy and Conservation Block Grant Program.  He said it is a part of the ARRA stimulus package.

12. COMMISSIONERS' ANNOUNCEMENTS

Stewart wished everyone a Happy Memorial Day Weekend.

Dwyer asked if anyone had extra money to send it to the Family Center for St. Vincent de Paul on Highway 99 to buy things for people who are being stressed.

Sorenson discussed data from the Oregon Progress Board. (Copy in file).

Stewart asked if there was support to draft a letter recommending continued funding of the Oregon Progress Board.

Sorenson thought Alex Cuyler, Intergovernmental Relations Manager, should draft a letter and bring it to the Board next week.  He reported that on Tuesday there will be a special meeting with Congressman DeFazio.

13. EXECUTIVE SESSION as per ORS 192.660

Per ORS 192.660 (2)(3) for deliberation on real property transactions and (2)(d) for labor negotiations.

14. OTHER BUSINESS

None.

There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 4:15 p.m. 

Melissa Zimmer
Recording Secretary