BOARD OF COMMISSIONERS'
REGULAR MEETING
April 14, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 4/28/2010

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

1. ADJUSTMENTS TO THE AGENDA

Fleenor noted page 5 of the agenda should read the Lane Events Center Advisory Committee, not the Fair Board Advisory Committee. The Performance Auditor’s items from yesterday will be heard today. Fleenor noted 9 b was resolved yesterday.

2. PUBLIC COMMENTS

Jim Seaberry, Eugene, spoke about the drug Exjade as a costly drug.  He indicated that it is not an approved VA drug. He wanted Lane County to have a program similar to EWEB for dispensing drugs.

John Brye, Alvadore, said he was in front of the Board on March 16.  He read a statement.  He believed the policy to have anything submitted to Lane County could be falsified without penalty needs to be stopped. He was told to have patience.  He commented that it isn’t just happening with one sector, it is an issue that needs to be dealt with all the commissioners.  He stated that he had to respond to an attorney.  He added the issue is still under investigation for falsifying a document meant to deceive a criminal act.  He asked the Board for their help.

Robert Emmons,  Fall Creed, indicated that he is a member of the Land Use Task Force formed by the Board to review a series of proposals by Jim Just.  He asked the Board to forward the remaining proposals Just put forward to the task force.  He said it would facilitate their scheduling and will provide proper context for the work they are now doing.  He commented that so far the task force meetings were going well.

Mia Nelson, Eugene, represented 1000 Friends of Oregon.  She had a concern about the draft charter for the ACT.  She said the group that is crafting the draft for the Board’s review is meeting for the last time tonight.  She indicated the Board would be discussing the charter on April 27. She stated that she will be out of town on that date.  She distributed a copy of a letter.  (Copy in file).  She was concerned about the manner in which the citizen members of the ACT are chosen.  She noted the OTC guidelines state that the ACT “will have a voting membership of citizens and interest groups and broadly representative by those impacted by the ACT recommendations.”  She indicated the draft provides that the six members of the ACT are to be chosen by the other ACT members.  She proposed that the members be chosen by the Board of Commissioners instead.  She said citizen members are there to speak for citizens who are not already represented on the ACT.  She commented that the way the citizen members are selected could affect its diversity.  She indicated that their proposed changes would prevent a circular process and that the ACT would be balanced.  She asked the Board of Commissioner to have public  provide comments before taking their final action.

Jim Gillette, Eugene, recalled at the last meeting that he wanted to resolve the matter and he thought the Board received information in Executive Session.  He stated that it wasn’t his choice to get an attorney.  He believed if staff did the right thing he wouldn’t be in the situation he is in.  He hoped for justice.  He said he would drop his attorney.  He asked the Board if they can come up with any evidence, he will drop the matter and pay the fine.  He said they can’t find anything.  He stated that he was innocent at the time the fine was given.  He commented that citizens are paying for a legal department and they should be able to get something out of it.  He thought the County treated him as a bully.  He still wants to resolve this.

Mark Freeman, Port Manger, Port of Siuslaw, thanked the Board for their support with the Connect III application they have with the state of Oregon with regard to the wharf rehab project.  He said to have a wharf’s life extended for another 15 years is key for them.  He recalled they had some issues with the state and federal government with regard to dredging at the Port of Siuslaw.  He noted for the first time substantial dredging will take place.  He commented that with the ice machine it will turn the port into a working port and a driver of the local economy.

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

Stewart encouraged the people with Connect III projects to meet with Handy or Celia Barry, Public Works, to supply additional information. 

Fleenor said with regard to Seaberry’s request to get the VA to approve Exjade, he asked if they could work with Dr. Hendrickson to formulate a letter to send to the VA to encourage them to add this drug to their approved list.  

Richardson thought using Dr. Hendrickson would be a good idea.  She said she would contact Rob Rockstroh, Health and Human Services, to review this webcast and work on a draft.

Handy thought that Jobe Riley should be involved as well.

Sorenson noted that Emmons suggested they forward the meeting proposal that Just has been writing to the Lane County Code Task Force.  He noted at the appropriate time in the meeting they will discuss the matter.  He thought they should do what Emmons suggested.

Fleenor asked about Brye’s letter.  He asked if it was true that they don’t have a code.. 

Richardson responded that Lane County doesn’t have a requirement that a survey be performed before someone gets a building permit. She said they can bring in a diagram that doesn’t have to be to scale.  She recalled in this case, ten years ago the neighbors brought in a site plan that wasn’t to scale, but they were using measurements to the fence line.  She said they did measurements off the fence line and it fit their code.  She added that ten years later Brye had a survey done and discovered the fence line wasn’t on the property line.  She noted if they move the fence line to where it should be, the house is across the property line.  She said that Brye is alleging that it is a falsified document.  She added that the County had no information that there were falsified documents and everyone agreed at the time that the fence line was the boundary line and it had been there for ten years.  She indicated that this has become a civil matter and the litigants would need to go into court and have a judge determine if the documents were falsified.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

A. Approval of Minutes:
June 16, 2009 , Public Hearing, 6:00 p.m.
February 9, 2010 , Regular Meeting, 1:50 p.m.
February 17, 2010 , Regular Meeting, 1:30 p.m.

B. Board of Commissioners

1) ORDER 10-4-14-1/Appointing a Resident Commissioner to the Housing and Community Services Agency (HACSA) Board of Commissioners.

C. Public Works

1) ORDER 10-4-14-2/Awarding Tourism Special Projects Grants for 2010 and Authorizing the County Administrator to Sign Contracts.

2) ORDER 10-4-14 -3/Alteration of Portions of Harvey Road ( Co. Rd. 1088) and Nieblock Lane , aka Niblock Lane ( Co. Rd. 1173) ( 19-03-10 , 11, & 14).

3) ORDER 10-4-14 -4/Setting a Public Hearing for the Purpose of Hearing Objections to Final Assessments for Harvey Road ( County Road Number 1088) Between Mile Post 0.86 and Mile Post 1.44).

5. CONSENT CALENDAR

D. Youth Services

1) ORDER 10-4-14-5/Approving the Submittal and, if Awarded, Acceptance of a Grant to the U.S. Department of Justice/Office of Juvenile Justice and Delinquency Prevention in the Amount of $625,000 Over Three Years for Second Chance Juvenile Mentoring Services; and Delegating Authority to the County Administrator to Sign Grant Award Documents and Appropriate Funds up to $625,000 to the Department of Youth Services.

6. COMMISSIONERS’ BUSINESS

a. RECOGNITION/Recognition of Outstanding Lane County Citizen.

The Board recognized Loralyn Spiro for her service to Lane County.

b. PROCLAMATION 10-4-14-6/Proclaiming April to be Child Abuse Prevention Month.

MOTION: to approve PROCLAMATION 10-4-14-6.

Handy MOVED, Stewart SECONDED.

VOTE: 5-0.

c. DISCUSSION/Lottery Funding for State Parks.

Stewart recalled lottery funds were approved in 1998 through Measure 66 to allow lottery proceeds to be used into the State Parks system and into natural resource protection.  He noted this measure is up in 2014.  He reported there is an effort to get this in front of the voters for permanent funding.  He indicated Lane County benefits through Parks, as they receive money for funding.  He added that they received funding for Armitage Park and other parks and for watershed councils and the conservation effort.

Janelle Sorenson, Oregonians for Water, Parks and Wildlife, disclosed that she is Pete Sorenson’s sister-in-law.  She discussed the upcoming lottery funding.  She recalled since 1998 they have had a dedicated 15 percent of lottery funding going to parks and natural resources throughout the state and it has been successful.  She stated there was a sunset clause that was included with the original legislation.  She indicated that this is a volunteer driven grassroots campaign.

Janelle Sorenson recalled in the past six years over $6 million of lottery funding was appropriated to Lane County and contributed to the restoration of Lane County’s parks, beaches and habitat restoration for salmon, wildlife and watershed protection.  She noted that funding has contributed to economic growth and job prosperity.  She added that the city of Eugene used a $900,000 grant from OWEB and matching funds for a 317 acre wetland in the West Eugene Wetlands Projects.  She said they also provided habitat for seven threatened and endangered species.  She indicated other projects that have benefitted from the funding include Florence wetland restoration, Heceta Head Lighthouse, Honeyman Memorial State Park, Fall Creek State Recreation Area, Elija Bristow State Park and Carl Washburn Memorial State Park.

Janelle Sorenson said they are looking at the upcoming expiration and they don’t want that to happen.  She commented if this program stops, parks would fall into disrepair and jobs would be lost and natural resources will be jeopardized.  She said they want to keep the program in place and to do that there needs to be a vote to make it permanent.  She indicated that they have to get it on the November ballot by getting thousands of signatures by the end of June.  She asked the Board to get involved with the process and to take a leadership role to further the program.

Tom O’ Bryan, Executive Director of Network of Oregon Watershed Councils, commented that on the watershed side, the Oregon Watershed Board has invested $400 million over ten years since this measure has been in place.  He said it is provided on a competitive basis to watershed councils and stormwater conservation districts.  He said their goal is to get 110,000 signatures to get this on the ballot.

7. COUNTY ADMINISTRATION

a. Announcements

None.

Fleenor asked for a 30 minute documentary for O & C lands.  He noted that Spartz thought 30 minutes was too long, that it was better with five or six minute spots.  He asked how they get their message out to people between the federal government and Lane County around O & C lands that would be difficult to explain in six minutes.

Amber Fossen, Public Information Officer, thought it might be difficult for people to watch a 30 minute block of time on funding. She thought if they had something in a series that it would be more sellable.  She asked who the targeted audience would be.

Alex Cuyler, Intergovernmental Relations Manager, stated that he reviewed Jackson County’s video.  He noted that it runs 15 minutes.  He spoke with AOC about this issue.  He added that he has a conference call on Friday with AOC  and they could discuss it is a potential with the work they are doing across the country for reauthorization.

Sorenson commented that education has its own values.  He thought they were better off making the video to showcase volunteers in various departments and what Lane County is doing with the people’s money.  He said they should look at trends on the website and make videos about that.  He thought with the O & C video they need to be careful.  He thought the best approach is looking at materials on what the rural coalition is putting together and the relationship with the federal forest lands and the money the counties need to adequately compensate them.  He thought they should ask the task force group that was set up for O & C lands about their issues.

Fleenor agreed to an educational component.  He didn’t envision this as being political.  He thought it was an opportunity to share the state’s rich history from 1869.  He said they shouldn’t stop the education process because of the political atmosphere as well as O & C land.  He didn’t see this issue being resolved any time soon.  He stated that he wanted to get the message out there that there is no easy fix.

Cuyler indicated that he spoke with AOC but did not speak with someone with O & C Counties.  He noted that AOC has staff doing outreach and it is an Oregon wide issue.  He thought they were a more appropriate place to focus.  He thought the Jackson County video did a good job at laying out the historical background.

Fleenor asked Robert Lewis, Metro T.V, to review Jackson County’s video to see if he could tag onto it.

Dwyer thought that only a small percentage of the public would be interested in the video in the first place and they would find information if they wanted it.  He asked how they construct a nine minute video that is informative, educational and retentive.  He said they have to use gimmicks, tricks and quizzes so the public is engaged.  He commented that with that approach he didn’t know if the return for their investment was worth them embarking on it.  He said he would rather apply for a grant and spend their money to tell their story.  He said they have to stick to being good with what they do.

Handy wanted to focus on the letter they approved to Michael Blake at the White House.  He commented that people love history and can be educated.  He added that it would be no more than a snapshot in time.  He wanted Lewis to come back with an outline based on the letter.

Fleenor stated the directive for Lewis is  to go forth and come back in a month to give a story board or report

Sorenson wanted to make sure other people are brought into this that knew the history and would be willing to talk about it.  He thought if they get partners to help finance it that it could be educational and be placed on OPB.

Fleenor wanted to see what could be developed conceptually.  He wanted Cuyler and Fossen to talk to other counties and AOC to see if there is money to help pay for an extensive documentary. He thought it could be beneficial for the entire state.  He said when Cuyler reports back in June, he wanted a discussion sheet that gives different options with a board order that they move forward so they could have a work product.  He stated if there is no sufficient interest, the project will die.

a. Performance Auditor

Stewart Bolinger, Performance Auditor, reported that he hasn’t accomplished much this week on contracts  He indicated that he has a meeting next Monday with Public Works to go over contracts.  He wanted to look at Public Works comparatively. He noted that he has all documentation he needs for the Charnelton project.  He reported that he is almost ready for the posting for recruitment.  He recommended pushing to have federal funding recovery audits early.  He indicted the biggest grant the County has is in energy retrofitting and it came through with minor exceptions.  He indicated that he had done preliminary work at LCAS.  He noted in going through the specifications for the job posting, it states the position requires two years experience.  He thought given the scope and responsibilities, the applicant should have four years experience.  He thought that job recruiting will be a challenge.

8. COUNTY COUNSEL

a. Announcements

None.

b. REPORT/ Lane Events Center Advisory Committee. (Pulled to April 27, 2010 )

9. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. Pa 1269/Amending the Rural Comprehensive Plan to Redesignate Land From “Industrial” to "Residential" and Rezoning that Land from "RI/RCP, Rural Industrial” to “RR-5/RCP, Rural Residential”; and Adopting Savings and Severability Clauses (File Pa 08-5793: Hastings) (Second Reading: 04/28/2010).

MOTION: to approve a First Reading and Setting a Second Reading and Public for Ordinance No. PA 1269 for April 28, 2010 at 1:30 p.m.

Handy MOVED, Dwyer SECONDED.  

VOTE: 5-0.

b. POSSIBLE DELIBERATION AND ORDER 10-4-13-1/Adopting an Oregon Department Transportation (ODOT) Matrix Review Sheet and Priority List for ConnectOregon III Projects in Lane County . (PULLED)

c. STATUS REPORT/Work Group for Lane Code/Manual/Comp Plan Revisions Per Adopted Land Management Division Program and Possible Consideration of a Board Order to Establish a Code Revision Work Group

Matt Laird, Land Management, recalled on March 17 the Board approved and created a Land Use Task Force.  He noted the first meeting was held April 1 and the primary focus was operational logistics.  He said another meeting was held and the focus was co-compliance amendments.  He added the third task force meeting was held on April 12 and it was a follow up to the compliance enhancements.  He noted that staff had drafted language based on what they had heard at the first and second task force meetings and the language was reviewed by the task force and modified .  He added that they will bring the final language back to them at the next meeting.

Laird reported with the home occupations discussion, the group thought the language as proposed was not ready  He said they had a discussion about home occupations in rural areas and there was agreement on two issues.  He said the first issue was to add hazardous material criteria for the Rural Residential Zone and also apply it to the Resource Zone.  He added the second issue was to fix a terminology problem.  He recalled in the Resource Zone it is a director review and in the Rural Residential Zone a home occupation is a permitted outright use. He noted the rural home business is a director’s review.  He reported that they did not finish the home occupation discussion and that will be discussed at the next meeting.  He reported the group will be meeting again on April 19.

With regard to what was discussed in Public Comment, Laird reminded the Board that they left open until April 30 the proposal open period where people could submit their ideas.  He wanted to wait until that point in time to see what comes in.  He explained that the way the task force’s time line is, the task force is to deliver their final report no later than May 30.  He added that is a down week for the Board so it needs to be delivered the week before.  He noted there were nine meetings scheduled for six complex issues.  He didn’t think this group had enough time to add more proposals for their review.  He recommended that if this task force is charged with additional proposals, that they would have to extend the timeline to allow them to do that.

With regard to Chapter 13 code amendments, Laird said it went well but what he is hearing from their right-of-way people is it did not include an exception for public road right-of-way acquisition projects and it causes problems.  He noted the way it is currently written, it requires property line adjustments for every road project.  He thought it would be an easy code fix to write an exception.  He wanted to add the language to their housekeeping amendments that they have moving forward.

Fleenor thought the Goal One proposals were a package and were already vetted.  He thought that should be part of the process.  

Laird understood with the Goal One proposals when they brought the first spreadsheet there were six proposals from Jim Just and there was a secondary package of comprehensive plan changes regarding climate change and emissions.  He said they had separated that second category for them not to work on.  He recalled they are working on the top six issues.

With regard to the May 30 date, Fleenor indicated that if that is something that needs to be changed, he thought the Board of Commissioners would entertain that.

Laird said he could bring that to the committee to see how much time they think it will take.

Fleenor said he had no problem with adding language to the Chapter 13 amendments.

Dwyer was also fine with the housekeeping language.

Stewart thought on the last spreadsheet they prioritized the items.  He wasn’t opposed to adding it in and he agreed to extend the time.

Handy also approved the housekeeping language.

Sorenson wanted the additional proposals added to the work of the task force. 

He wanted Laird to prepare something and bring it back to the Board.

Laird said as they move on the issues gets more complex and controversial.  He thought there would be no agreement on certain policy calls.

Stewart stated they have valuable people working together and are doing a good job documenting comments.  He wanted information that their conversations on whether or not the task force can come to an agreement is not necessarily as important as getting to capture the full perspective as why they have the opinions they have.  

10. COMMISSIONERS' ANNOUNCEMENTS

Stewart announced the next O & C Meeting will take place on April 23 in Medford. He wanted to make sure that Zoe gets this meeting placed on the meetings notice. He attended the AOC monthly meeting and he found out the AOC Spring Conference is June 14, 15 and 16 in Bend.

11. EXECUTIVE SESSION as per ORS 192.660

None.

12. OTHER BUSINESS

None.

There being no further business, Commissioner Fleenor adjourned the meeting at 12:05 p.m.

Melissa Zimmer
Recording Secretary