BOARD OF COMMISSIONERS'
REGULAR MEETING
February 10, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 5/11/2010

Commissioner Bill Fleenor presided with Commissioner 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 added a letter to the Attorney General regarding Golden Temple under Emergency Business.  Fleenor announced they were pulling the HACSA commissioner deliberations.

2. PUBLIC COMMENTS

Dale Weigandt, River Road Park and Recreation District, distributed information.  (Copy in file). He requested Lane County establish an ORS 195 process between the city of Eugene, River Road Park District and Lane County. He recalled in the past 30 years residents have been required to annex to the city of Eugene when they are building or remodeling.  He noted to address the loss of revenue to the district; there was an IGA between the River Road Park and Recreation District and the city of Eugene that was implemented in 1982.  He noted the city of Eugene reimbursed the district annually at $117,000 in 2002 and then was set at $100,000 by the city of Eugene for the last six years and was not negotiable.  He believed the district thought the original formula of $2.50 per $100,000 of annexed value was more equitable.  He recalled in April 2008, the city indicated they could no longer reimburse the district beginning FY 2009. He noted in 2008 the district Board met with the city of Eugene and made an unsuccessful bid to reconsider the $100,000 payment.  Later the city council unanimously approved the IGA with the River Road Park District.  He said Board of Directors sent a letter to the city council asking they reinstate money and there was no response to that request.  He said the Park District cash carried over and a five year serial levy went to May in 2009 and was approved.  He asked the Board for an agreement.

Wayne Heliksson, Eugene, commented that the River Road Park District is being eaten alive by the city of Eugene.  He stated that the Park District means a lot to the River Road area.  He indicated that the city of Eugene has taken a predatory position.  He stated that the District will be broken and no one wants to do anything.  He commented that $117,000 per year is chump change to the city of Eugene, but it is a big deal to the District because they want to continue the services.  He asked for the Board’s help.

Ed Gerdes, Café Yumm, recalled that Café Yumm received an economic development grant in FY 08/090.  He sent their first bi-annual report into Mike McKenzie Bahr.  He thanked the Board for supporting a local restaurant.  He said they have 15 employees, nine restaurant locations around the state and two in development.  He said they are producing products locally.  He said they are using local ingredients.  He said they are a local success and thanked the Board for helping them.

Krishna Khalsa, Eugene, stated on behalf of Sikh Dharma, he thanked the Board for their intervention.  He said it was helpful to have an ongoing due diligence to make sure the Attorney General’s office takes the investigation of the matter.  He hoped there would be a unanimous vote of the measure.  He indicated that they are involved in the southern Willamette Valley agriculture and food processing.  He wanted to preserve the asset base.

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

Sorenson commented that the River Road Park District has a strong history and an important role.  He was pleased that Café Yumm is a success story.

Dwyer stated that he was surprised that there is still a River Road Park District.  He noted the critical part was when they gave the planning responsibilities to the city.  He thought the County should take that responsibility back.

Handy indicated there are a range of options for the River Road Park District.  He said they are looking to explore alternative assessments.  He said the District should get involved with the ORS process and bring it back to the Board.  He urged them to find an option beyond the do nothing option.

Stewart commented that there is not much that Lane County can do for limited growth.  He said the River Road Park District was important, as he knows what parks can do for people.

4. EMERGENCY BUSINESS

Golden Temple Letter

Sorenson recalled that yesterday there was public comment about a lawsuit involving Sikh Dharma International.  He said the Board asked Legal Counsel to prepare a letter for signature of the Board chair.  He read the letter into the record.

MOTION: to send the letter to Attorney General.

Sorenson MOVED, Handy SECONDED.

Handy said there was wordsmithing that needed to be corrected.

Fleenor asked this letter be brought back later for review and approval.

Sorenson withdrew the motion.  Handy withdrew his second.

Sorenson asked for the  letter to be faxed to the Attorney General.

MOTION: to send the revised letter to the Attorney General.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-0. (Handy out of room).

5. CONSENT CALENDAR

A. Approval of Minutes

B. Health and Human Services

1) ORDER 10-2-10-1/In the Matter of Authorizing Submission and Acceptance Of A Grant By Lane County Health & Human Services In The Amount of $1,030,000 For A Lane County Demonstration Project For The State Of Oregon Department Of Human Services Statewide Children’s Wraparound Initiative. 

C. Public Safety

1) ORDER 10-2-10-2/In the Matter of Applying for a U.S. Department of Justice Bureau of Justice Assistance Grant to Fund Expansion of Services Provided by the Lane County Drug Court Program and to Delegate Authority to the County Administrator to Sign Grant Documents.

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Fleenor SECONDED.

VOTE: 5-0.

6. COUNTY ADMINISTRATION

a. Announcements

None.

7. PUBLIC WORKS

a. FIRST READING AND SETTING THE SECOND READING AND PUBLIC  HEARING/Ordinance No. PA 1267/In the Matter of Updating the Springfield Drinking Water Protection Plan Map Delineation of the Willamette Wellfield Time of Travel Zones and Adopting Savings and Severability Clauses (Applicant: City of Springfield) (File No. PA 09- 5109).

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for  Ordinance No.PA 1267  for February 24, 2010 at 1:30 p.m.

Dwyer MOVED, Stewart SECONDED.

VOTE: 5-0.

b. REPORT BACK TO BOARD on River Road Parks and Recreation District Funding Options.

Howard Schussler, Public Works, reported that the Board directed staff to perform eight hours of research on this matter.  He indicated that the River Road Park District is losing their tax base as the city of Eugene annexes pieces of the district.  He put together a list of options for the Board. (Copy in file).  He interviewed the Superintendent of Parks for Willamalane and Johnnie Medlin from the city of Eugene.  He indicated there are eight options for the Board.

Dwyer asked how they can invoke this when it is discretionary.  He indicated that it is difficult for the County to enter into an agreement.

Stewart asked if there was value in working with their legislators to get this fixed.  He thought they could try the 2011 legislature. He indicated that it appears they have not been able to come to an agreement with the city of Eugene.

Dwyer commented that the only way the County will get leverage to deal with the city is to go to the edge of Junction City.  He said if the County has the guts to take back the planning functions, they will have the leverage to strike a deal that will benefit the Park District and the citizens.

Handy thought it was wrong that the city removed the citizens from the Park District.  He also thought it was threatening.  He thought they should look at the service notice of the 190 Agreement.  He hopes County staff will be aggressive with the issues of the Metro Plan.  He wanted to look at whether the Metro Plan is working for the County.  He wanted to see the city of Eugene respond and be involved as a partner in these issues instead of hoping it will go away.

Stewart stated that they need a statutory fix similar to HB3337. He added that it has to be focused specifically on this and the city of Eugene.

Fleenor asked what the process was for the ending of ORS 195 Agreements.

Schussler said the 195 Agreement is between the County and the city of Eugene.  He thought they could work with AOC, as they have expertise and the staff.  He added it is the County’s role to get people to the table to begin having a conversation.  He said they could get technical expertise from AOC.

Dwyer wanted to send a letter serving notice of their desire to amend the 190 Agreements.  He noted that they are not unilateral agreements.

Fleenor asked if they have the option to do this under the Metro Plan.

Assistant County Counsel Andy Clark cautioned against this.  He said if they wanted to bring in the city of Eugene, he recommended that they leave it for larger policy issues for a later discussion.  He said if the Board wants staff to look at 195 Agreements, the Board has allotted eight hours of time and the process will involve legal staff.

Fleenor was interested in acting as a convenor to move the 195 Agreements forward and have a discussion on the IGA 190 Agreement as it relates to the Metro Plan.

Handy thought they had to have a discussion about the 190 Agreements as soon as possible.  He also wanted a briefing on the status of the Metro Plan and periodic review.  He wanted Spartz to work with the Public Works Director so there is an understanding in moving this forward.

Assistant County Counsel Stephen Vorhes explained that the County has delegated administrative authority to Eugene and Springfield for planning inside the UGB and polices that drive the issues are in the Metro Plan.  He thought termination of an IGA might lead to leverage but they might see the cities of Eugene and Springfield give up what they get.  He thought it was prudent to have a discussion to address the Metro Plan policy issues to see how the want to move.  He commented that a 195 Agreement is a tool to bring the parties together.  He said it takes urban service providers to come to agreement on how the transition will occur.

Fleenor stated the Board was interested in learning about options with either their terminating their exiting 190 Agreements or modifying them as they move forward.  He commented that the Metro Plan is the underlying guide.  He suggested a work session within the next month where Land Management and Legal staff could give an update as to the laws, polices and procedures driving the Metro Plan and IGA options with the city as it relates to the Park District.

Sorenson also thought they needed to have conversations with their legislators about their concerns.  He wasn’t opposed to having a briefing.

Dwyer recalled that they sent letters to the city of Eugene on the Metro Plan and they didn’t get a response.

Fleenor asked for a work session on the Metro Plan and urban transition agreements with the city of Eugene within the next 30 days and to invite their legislators.

9. COUNTY COUNSEL

a. Announcements

None.

10. COMMISSIONERS’ BUSINESS

a. DISCUSSION and DELIBERATION/Appointment of Housing and Community Services Agency (HACSA) Resident Commissioner. (PULLED)

b. DISCUSSION/American Recovery and Reinvestment Act (ARRA) Reporting Deadline.

The Board had a telephone discussion with Ann Hanus, AOC and Lynn Schoessler, Oregon Business Development finance Authority Director regarding ARRA bonds.

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

Melissa Zimmer
Recording Secretary