BOARD OF COMMISSIONERS'
REGULAR MEETING
April 28, 2010
Following HACSA
Harris Hall Main Floor
APPROVED 2-2-2011

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

1. ADJUSTMENTS TO THE AGENDA

Handy pulled 5.C.5) off the Consent Calendar for wordsmithing.  He noted they are postponing Executive Session.  Dwyer pulled 5.C.4) off the Consent Calendar.  Stewart pulled 5.C.2) off the Consent Calendar.

2. PUBLIC COMMENTS

Keith Stanton, Florence, commented that the Lane County CAFR is baffling to non-specialists.  He talked about condensing the report to into a brief financial report if the citizens are to support the Board.

Peggy Pearson, Florence, said she sent an e-mail regarding a property off of Friendly Acres Road.  She said she has a document where the road changed to a public easement.  She took it to a title company.  She has been trying to solve the problem because the road is ambiguous and the bank won’t loan on it and when they go to the title insurance they won’t insure it.  She needed a certified copy of the document. 

John Brye, Alvadore, commented that he was amazed with Dwyer’s response at the Public Meeting on April 14, 2010 about his point that people shouldn’t be allowed to submit falsified documents to Lane County.   Byre thought the legal department was out of touch. He said this is the third time he has come in front of the Board and it hasn’t gotten him anywhere.  He said he wouldn’t be here today if he didn’t think his issue is worth fighting for.  He said the only other option he has is to go to the news media and that is what he intends to do.

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

Dwyer said he didn’t know what they are supposed to do when there is a legal problem between neighbors with regard to Byre’s problem.  He indicated that the Board is in the middle of this and he didn’t know if there is a remedy available at this level.

Fleenor said if Pearson needs a certified copy of a letter that staff would be able to provide it.  He said there might be a small fee associated with it but he hoped it would take care of the challenge they are faced with.  With regard to Mr. Stanton, he appreciated him trying to make the County more accountable and transparent.  He asked about the status of the citizen advisory committee with finances.

Stanton indicated that he has a 15 minute presentation to address the issue.

Stewart asked if this could be a presentation for the Budget Committee as a whole.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR

A. Approval of Minutes:
June 16, 2009, Regular Meeting, 9:00 a.m.
February 9, 2010, Regular Meeting, 9:00 a.m.
April 13, 2010, Regular Meeting, 9:00 a.m.
April 14, 2010, Regular Meeting, 9:00 a.m. 

B. Assessment and Taxation

1) ORDER 10-4-28-1/Approving Submission of the County Assessment Function Funding Assistance (CAFFA) Grant Application to the Oregon Department of Revenue for FY 2010-11.

C. Board of Commissioners

1) ORDER 10-4-28-2/Appointing at Least 3 Commissioners to Attend a Settlement Conference in Federal Court and Authorizing said Commissioners to Negotiate a Settlement.

2) ORDER 10-4-28-3/Selecting Newspapers to Publish Monthly Notice of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.

3) ORDER 10-4-28-4/Approving a Letter of Support for the Port of Coos Bay Railroad.

4) ORDER 10-4-28-5/Approving a Letter of Support for HR 1956.

D. Health and Human Services

1) ORDER 10-4-28-6 /Granting Authority to SecurFirst Transport LLC to Carry Out Provision ORS 426.233 for Secure Transport Services.

E. Management Service

1) ORDER 10-4-28-7 /Authorizing a Sheriff’s Sale of Surplus County Owned Real Property on June 4, 2010 and Delegating Authority to the Property Management Officer to Remove any Particular Property from said Sale if Determined to be in the County’s Best Interest.

F. Public Works

1) ORDER 10-4-28-8/Supporting Junction City 's Pursuit of Funding for the Junction City Highway 99 Refinement Plan Phase 1 Improvements. (NBA & PM 2/10 & 2/9 & 3/7, 2010).

2) ORDER 10-4-28-9/Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Lane County Department of Public Works Dust Abatement Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 2010 to September 15, 2010, Prospective Contract No. 10-M&S-50 and Authorizing the County Administrator to Sign the Contracts.

3) ORDER 10-4-28-10/Awarding a Contract to Peterson Machinery Co., in the Amount of $616,302.,  For the Purchase of  One (1) New, Landfill Compactor, With One (1) Trade- in, Contract FY09/10 FS-04.                                       

G. Public Safety

1) ORDER 10-4-28-11/Approving the Award of FY10 U.S. Forest Service Title II Funds for the Adult Inmate Work Crew and Ratifying the Signing of Required Documents by the County Administrator .

END OF CONSENT CALENDAR * * * *

MOTION:  to approve the balance of the Consent Calendar.

Dwyer MOVED, Handy SECONDED.

VOTE:  5-0.

5.C.2)

Stewart wanted a voice vote.  He was concerned with e-mails and legal determinations by the attorneys who have submitted information.  He was not comfortable approving this.  He stated that he will be a no.  He was concerned about the statute.

Dwyer stated that he won’t support it.  He didn’t think it was truly in the public’s interest to publish in The Eugene Weekly.  He said they provide a resource to the community. He commented that they are a niche paper, not broad based.  He said that this fails the smell taste.

Vorhes said with recent e-mails there is an open question about the statute that has been used as a focus point on the legal issue about bona fide subscribers or audited distribution.  He said in the final analysis it is up to the board to determine if it is in the public’s interest.

Sorenson indicated that they are moving to a new era where newspapers are not the primary way to obtain information.  He added that most people don’t get their information from newspapers.  He said they should approve this and realize that they are complying with the minimum requirements of the law and recognize outreach with videos and their website.  He thought there was an increased readership from a newspaper that is free.  He doesn’t think moving ahead with this is a bad decision.

MOTION:  to approve ORDER 10-4-28-3.

Handy MOVED, Sorenson SECONDED.

Fleenor said it wasn’t fair and equitable to have one individual player monopolize an aspect of Lane County government.  He said they have taken the effort that they are in compliance with the law.  He added that what they are doing is fair and equitably balanced.

Sorenson asked when the time period is effective.

Vorhes responded this expires December 31, 2010.

VOTE: 3-2 (Dwyer, Stewart dissenting).

Sorenson thought they should have a follow up in November or December on this matter. 

5. C.4)

Dwyer stated that he likes the separation between state and federal government.  He didn’t want the federal government to keep money if there was a dispute with the state and that is what this about.  He won’t support it.

Sorenson said he is in favor of the bill as it stands.

Dwyer indicated there are unintended consequences and people need  to  keep professional licenses to keep from being deadbeats dads. 

Fleenor asked if they include professional licenses in the draft letter as a possible source of other enforcement actions.  He asked if Alex Cuyler, Intergovernmental Relations Manager, could come back and discuss the inclusion of professional license holders at the state level to pay their debts off through the state income tax.  He recommended changes to the letter.

Cuyler said the state has to notify that it is giving authority.  He indicated  the legislature passed HB93.  He said he would make the changes to the letter with regard to future legislation at the state level.

Fleenor asked in the Board for the change to be: order to remove “supports” to “for” this measure.

MOTION:  to approve ORDER 10-4-28-5 as amended.

Sorenson MOVED, Handy SECONDED.

VOTE:  3-2 (Dwyer, Stewart dissenting).

Letter to the city of Eugene.

Handy discussed changes in the draft letter.

MOTION:  to approve changes in the letter to the city of Eugene.

Handy MOVED, Sorenson SECONDED.

Dwyer commented that they spent a lot of time on this but they have little influence.  He said the bottom line is they are being hit with the decisions.

Sorenson thought the city of Eugene was doing the right thing by investing in the Veterans and the Farmers Market.  He said the letter serves as recognition that there are adverse consequences to counties that are at financial risk of serious failures.  He indicated that this will cost $183,000 in taxes to the County.

Stewart understood that this could be an additional $180,000 that could be in their budget to help with the structural deficit but he said the city of Eugene is struggling to improve their downtown and he thought these were good projects.  He said if these projects move forward they are going to be putting people to work.  He was concerned that they have a paragraph that talks about the commitment of paying off the fines.  He also thought they are making a threat in their last paragraph.  He didn’t see how this is improving their good relationship with the cities.  He thought the letter could have been one page with bullet points stating the consequences to the County.  He heard from some of the city councilor’s  hat they were concerned about this.  He said they have to place their energy in Cuyler working in Salem. Stewart thought they had a strong case without this letter.  He said he would not support the letter.

Fleenor thought the letter was setting up a process by which the Board of Commissioners, (working with their intergovernmental relations staff to help transform the old urban renewal district language) at the time of its inception did not include that counties could be under financial stress to the extent of bankruptcy.  He thought the letter was appropriate and they have addressed all the facts without stepping into jurisdictional issues.

VOTE: 4-1 (Stewart dissenting).

6. COUNTY ADMINISTRATION

a. Announcements

Spartz reported that he received notification from ODOT that they have identified money for transportation enhancement programs.  He thought they could qualify for two categories:  historic preservation and rehabilitation and operation of building structures or facilities.  He thought one or more of their covered bridges could receive rehabilitation funds.  He indicated they could make an application the end of June and the money will be for 2013/1014.                       

7. COUNTY COUNSEL

a. Announcements

None.

8. HEALTH AND HUMAN SERVICES

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 1-10/Amending Chapter 9 of Lane Code to Modify the Title of LRAPA and Advisory Definitions Pertaining to Restrictions on use of Solid Fuel Space Heating Devices (LC 9.120-9.125) (Second Reading and Public Hearing: 5/12/2010, 1:30 p.m.).

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. 1-10 for May 12, 2010 at 1:30 p.m.

Dwyer MOVED, Stewart SECONDED.

VOTE:  4-0 (Handy out of room).

9. COMMISSIONERS’ BUSINESS

a. DISCUSSION/Transfer of Development Rights (TDR) Program for F-2 Measure 49 Claims.

Vorhes reported that DLCD has adopted the 2009 Administrative Rules.  He indicated that they have legislation and rules in the packet and a short description from DLCD about the transfer of development rights pilot project. (Copy in file).

Kent Howe, Land Management, recalled that last August he gave a presentation on the use of urban and rural reserves and other possible conservation strategies to protect farmlands susceptible to urbanization in Lane County.  He said the direction was to create a farmland and open space designation.  He noted that it is incorporated into the work of the Eugene Springfield Metro Planning effort.

Howe explained that direction the Board could give today could help position the Board with an informed strategy on dealing with implementation of HB3337 and any resulting UGB expansion proposals.  He said the difficulty with the regulatory approach is coming up with receiving areas for a transfer of development rights program or to find a substantial capital fund to fund a purchase of development rights program.

Howe recalled in January, DLCD enacted Oregon Administrative Rule 660, Division 28 for an Oregon transfer of development rights program.  He said DLCD may select up to three pilot projects developing a transfer of development rights program.  He added that this program didn’t include farmland.  He indicated that it is specifically to explore and develop local TDR projects that conserve private forestlands for timber production and other forest uses.  He explained to nominate a pilot project a local government and other participants must propose both a sending area and a receiving are of which development rights would be transferred.  He added that sending areas must be forestland outside an urban growth boundary and cannot exceed 10,000 acres and may not be currently developed at a density that exceeds  four dwelling units per square mile. He explained that the receiving areas must be in order of priority inside an urban growth boundary, inside an exception area adjacent to an urban growth boundary or an unincorporated community designated in the County plan as either a rural community or an urban unincorporated community. 

Howe indicated that Lane County is well positioned to assist the state in a pilot effort to develop a TDR program.  He noted that Lane County has 190 Measure 49 claims on forestland.  He said this claim totals about 8,120 acres.  He said a potential receiving area is the depressed timber community of Blue River.  He said participating owners in the sending area must grant conservation easements or otherwise obligate themselves to ensure that residential development on the forestland property does not occur once the development rights are transferred.  He said it means that a local government or land trust must be willing and able to hold and monitor a conservation easement that would be created.

Howe said it appears that Lane County can be the holder of a conservation easement and could manage the sending areas with their tracking system to prevent allowing residential development from those sending areas.  He said the rules adopted by DLCD established criteria and timelines, and the selection of three pilot projects by the deadline of June 1.  He said their review concludes that DLCD would look favorably on a pilot project application form Lane County for Measure 49 claims on forestland claims transferring development rights to the rural unincorporated community of Blue River.  He said if Lane County is chosen they would benefit and would be able to apply lessons learned to conservation of farmlands susceptible to urbanization in Lane County.  He added that Mia Nelson, 1001 Friends of Eugene is a co-applicant.

Stewart stated that he has been interested in this TDR concept.  He thought the program had potential for them as policy makers to set policy and be able to see some benefit to their lands and communities.  He was supportive. He wanted to take advantage  of DLCD’s technical advice to see if it works.  He recommended staff sending in an application.  He wanted to decide of all of the rural communities which were the best to be a receiving area for development rights.

Howe wanted the Board to authorize them to make the application to the state to be one of the pilot program efforts.

MOTION: to authorize Land Management to make an application to the state to be one of the pilot program efforts.

Sorenson MOVED, Stewart SECONDED.

Fleenor was supportive of the program.  He asked if they got the grant if anything else would be placed on the backburner.

Matt Laird, Land Management,  indicated that they have not done the analysis but he thought there could be some impacts.  He said they will have to get better numbers on what it would take and what is already approved by the Board that would have to be put on the backburner.

Laird said they could come back to the Board before June 1.  He indicated there is some mapping they need to identify; where all the sending areas are and mapping regarding Blue River, the receiving area and if the County would be willing to be the holder of the conservation easement before they submit the application.

Fleenor asked this to come back to the Board on May 19.

Vorhes explained that part of the application entails identifying what needs to be changed in the Comprehensive Plan  in order for them to put this into place.  He said they will find out the changes to the land use plan and zoning that are involved.

Handy  wanted information included about the 35 unincorporated communities in Lane County.

Vorhes thought the motion could direct staff to prepare a more in depth application and come back on May 19 to take formal action and at that time they can have an order so it reflects what is required in the rule and actions of the Board.

VOTE:  4-0 (Dwyer out of room).

10. COMMISSIONERS’ ANNOUNCEMENTS

Stewart announced that this weekend in Oakridge is the Tree Planting Festival.  He noted in Cottage Grove they are having a bike fest and a Home and Garden Show on Friday at Cottage Grove High School.

Handy announced his town hall meeting tonight.

Sorenson said he received a letter about the town hall meeting tonight.  He stated that hunger is a major problem facing the community.

There being no further business, Commissioner Fleenor recessed the meeting at 11:15 a.m. 

Melissa Zimmer
Recording Secretary