BOARD OF COMMISSIONERS'
REGULAR MEETING
August 3, 2010
1:30 p.m.
Harris Hall Main Floor
APPROVED 9-1-2010

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.

10. PUBLIC HEARINGS

PUBLIC HEARING/ ACTION / In the Matt er of Holding a Public Hearing on the Request to Annex Territory, Identified as Map 18-05-06-30 tax lot 1805, to the Emerald Peopleís Utility District Under ORS 261.045 and 261.171 and Referring the Matt er for a Special Election on November 2, 2010, General Election (File No. PU EP Ė 2010 ANX-2)

Assistant County Counsel Andy Clark explained that the matter came to the Board by resolution of the Emerald Peopleís Utility District (EPUD) to annex a single lot into the EPUD district.  He noted the statute changes to the boundaries of public utility districts are governed by Chapter 261 of the Oregon Revised Statutes.  He said the Board is to determine whether the boundary of the affected territory is correct and if so, to refer it onto the electorate for the affected territory.  He indicated the boundary is appropriate and correct and this matter could be referred to the electorate.  He noted the next special election is set for November 2, 2010.  He discussed possible changes in the order.  With regard to discretion, he said if this Board finds that the described boundary is accurate and describes the territory to be affected and finds the resolution complies with ORS Chapter 261, this Board must submit this for a special election.

Dwyer asked about the public benefit associated with this.  He asked who pays for the costs.

With regard to public benefit, Clark indicated there is no requirement that the public is benefitting for this particular annexation of this one lot to the district.  He didnít know about the costs.  He said EPUD paid a filing fee.  He thought the costs were not that much.

Dwyer commented that they are going to prepare an election for one elector who is on the Board of Directors for EPUD.

Clark didnít know if there is a registered elector on the property who is on the Board or not.  He said the Boardís role is to forward it for an election and assuming there is a property owner, they can vote.  He noted that once the Board finds compliance it shall at the earliest practical date submit the question to the electorate.

Sorenson asked if there was any legal issues with there only being one electorate voting.

Clark said  there was no legal issues.  He indicated the statute sets this up as the process.

Commissioner Fleenor opened the Public Hearing.

Sandra Bishop, Eugene, said she is not within the district of the PUD, she is a former EWEB commissioner.  She said it came to her attention that something was going forward that was not a public benefit.  She said the Board is being asked to further the cause for annexing one single residential property on a street that has at least three dozen properties.  She indicated that EPUD is a public utility.  She commented that this was for a political purpose.  She noted the Board could approve the boundary description or they could ask more questions to get more information.  She added the Board needed more information.  She said the resolution they received from EPUD is not valid.  She added that under 261.141 (b) and 261.460(3), all ordinances except for emergency ordinances shall become effective thirty days after the date of their passage.  She asked for this not to go forward and clear up questions before it is not in the public benefit.

Patti Chappel, Veneta, stated she is the Director of EPUD.  She indicated that she sold her former residence in Veneta and found a piece of property in her service district.  She said after that, they found out the service district is different than the political district.  She indicated there are 1200 people served by EPUD but not in the political district.  She commented that this should have been taken care of a long time ago to make the utilities more efficient so there is a public benefit.  She noted it is confusing from the Countyís standpoint.  She said they thought they would start with one property because it has been challenging with County Elections .

Jaime Cramer, Creswell, stated that she  represents EPUD.  She stated they were directed by their Board of Directors in January 2010 to clean up 1200 customers that are not part of their district.  She said in doing so they started working with the County to figure out how an annexation happens.  She said they wanted to start with single annexation.  She stated there is a difference between the service district and the political districts.  She said EPUD and the County worked together and they decided it would be best if they could get the single annexation process with the goal of next year to get all of the properties in because in 2012 they will be doing a redistricting and they want all of the properties in.  She indicated this is part of the process to bring the 1200 homes into EPUDís political jurisdictional boundaries.

There being no one else signed up to speak, Commissioner Fleenor closed the Public Hearing.

Sorenson asked how they could hold an election if no one lives on the property.

Chappel said this housekeeping issue should have been taken care of before.

Dwyer thought this should be a legislative fix that says when a utility takes over a customer, that the political line follows the service. 

Clark said there were questions on whether the process for doing this fell under Chapter 198, and that was how it originally came in.  He thought it needed to be dealt with Chapter 261 and EPUD did another resolution.  He said that was the discussion early on.  He didnít remember the discussion as being one property or everything in the neighborhood.

MOTION: to hold an additional Public Hearing on this matter and continue it to August 18, 2010 at 1:30 p.m.

Sorenson MOVED, Dwyer SECONDED.

Fleenor asked how an election will be held with no elector.

Clark said if Elections decides there is a registered voter at the lot, there would be an election and if not, nothing would happen.

Chappel thought the entire EPUD district could vote on this.

Clark indicated that it is the electors in the affected territory.

Stewart thought EPUD should decide if they want to move forward.  He wanted to get a copy of the minutes of the EPUD meeting showing the resolution passing to get more clarity as to why this effort is taking place.  He agreed to take care of this problem at the legislature.

Clark  said as he understands,  voters can register to vote close to elections.  His initial thought was that it was odd to have an election with one home.  He said the EPUD board could have a resolution to annex all of the properties and that could be an option.

Dwyer commented that this was not the avenue to use to achieve their objective.

VOTE: 5-0.

11. COMMISSIONERSí BUSINESS

PRESENTATION/Working for You Video, Community and Economic Development: Sustaining Lane County .

12. PUBLIC WORKS

STATUS REPORT/Work Group for Lane Code/Manual/Comp Plan Revisions.

Matt Laird, Land Management, explained that this is part two of the final report from the Lane Use Task Force. 

Mike Reeder, Vice Chair, Land Use Task Force, recalled that last week Mia Nelson and Jim Mann reported on Part One of the Land Use Task Force process.  He indicated there were 18 meetings the Land Use Task Force convened.  He discussed his report on marginal lands, greenhouse gases and home occupation (Copy in file).

Sorenson wanted to take time to more formally thank the task force with a board order.  He asked what the steps are to move this forward.  He thought this could be notice to DLCD that they are going to be amending their code and they are going to hold a public hearing.

Laird said if they broadcast out these issues, it will generate the possibility of upsetting people unnecessarily.  He said he will be required to schedule additional meetings that will fill up the agenda space so other projects will not be able to be scheduled.  He indicated there was unanimous support for code compliance and it does not need to involve the Planning Commission.  He thought they could do that on Consent Calendar. He added on marginal lands, they will need a public hearing on Rural Comp Plan policy amendments.  He recalled they took a vote without the 50 or 60 year rotation in it and everyone supported everything else.  He said the public hearing could focus on that issue.  He said if it was passed, it would take things off the table.

Sorenson asked when they have to give notice to DLCD.

Laird said they will give notice on August 20.  He said they will come back on August 18 and they will send notice.

Fleenor stated there were five issues that were solid:  item 20, the ORL dwelling fix; item 19, contiguous definition; item 15, alternate code compliance amendments to Lane Manual; item 29 to 38, climate change and greenhouse resolution.  He wanted to have staff blend the two proposals together into a resolution.

Reeder recalled that there wasnít necessarily consensus on the issue of definition of contiguous, (item 19), but  there wasnít strong opposition to it.

Fleenor wanted to start a process.  He said if they get push back on item 19 they can get it modified.

Reeder said if there are going to be non-consensus issues together with the DLCD notice,  his recommendation (based on the work done with the subcommittee on  F1 to F2) would be to put it in the same category.  He suggested that everything go into the DLCD notice as well as F1 to F2. 

Laird agreed the five items listed would go into a DLCD notice: compliance amendments, marginal lands, definition of contiguous, greenhouse gasses  and home occupations.

Reeder said it is a political policy decision by the Board.  He recalled the task force was charged to look at consensus.  He said if they are solely looking at consensus issues, then many of these topics would go out.

Fleenor asked about item 39.

Reeder said they got close on marginal lands and F1 to F2 lands.  He commented that it would be a shame not to include that in the process.  He thought that was some of the best work the task force members did.

Fleenor thought all eight items should be included: item 20, 19, 15, 29 to 38, item 40, item 16 to 17, item 39, item 8 to 14.

Sorenson wanted this as part of an agenda item on August 18.

13. COMMISSIONERS' ANNOUNCEMENTS

Fleenor announced that he will be at the Moose Lodge in Junction City on Thursday.  

14. EXECUTIVE SESSION as per ORS 192.660
(Commissioners' Conference Room)

Per ORS 192.660(2)(h) for the purpose of discussing pending litigation.

15. OTHER BUSINESS

Dwyer wanted to facilitate a WIC clinic in Springfield .  He indicated that he has had several calls about the new building on Charnelton where bank employees are chasing people away and the WIC clients canít find parking.  He stated that most people have infants and they donít have transportation.  He wanted a clinic set up once or twice a week in Springfield .  He thought the new Olympic Street facility would be the place for WIC.

Spartz thought they should seek parking for the Charnelton building.

Sorenson said he and Handy had a town hall meeting on the Lane Events Center.  He said they will be having another meeting on September 22.  He said they need to get Rick Reno to make a presentation at the next meeting.

There being no further business, Commissioner Bill Fleenor recessed the meeting into Executive Session at 3:55 p.m. 

Melissa Zimmer
Recording Secretary