BOARD OF COMMISSIONERS'
REGULAR MEETING
February 24, 2010
1:30 p.m.
Harris Hall Main Floor
APPROVED 6/23/2010

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

9. PUBLIC HEARINGS

a. PUBLIC HEARING AND ORDER 10-2-24-8/Receiving Comments From the Public About Community Development Needs, Proposed Projects to Meet These Needs, Proposed Projects to Meet These Needs, and Lane County's  Performance of Community Development Block Grant (CDBG) Projects.

Cristina Rosado, Economic Development, reported they published notice on February 14 and February 21 of the notice of Public Hearing where Lane County is eligible to apply for a 2010 Community Block Grant from the Oregon Economic and Development Department, now known as the Oregon Business Development Department. She indicated the grants can be used for public facilities and housing improvements for persons of low and moderate income. She indicated the maximum grant a county can receive is up to $1.5 million. She said the Oregon Business Development Department announced in January they are accepting applications for the CDBG funding and there is $14 million available for this calendar year. She noted the deadline for the first application is March 1.

Rosado explained the first step is for Lane County to hold a Public Hearing. She said the Public Hearing is to hear about past CDBG projects and how Lane County can manage them and to receive public comment suggestions and how they can become new CDBG projects. She noted after the Public Hearing the Board may direct staff to apply for CDBG funding for community infrastructure and economical development projects that benefit low to moderate income residents to Lane County. She said one application is for the Housing and Community Service Department for housing related projects and then for the Oregon Business Development Department for all the other CDBG projects including Public Works, community facilities and Economic Development. 

Rosado reported that Lane County may have up to three open CDBG projects plus one housing project. She noted that currently Lane County has one open CDBG grant, the Row River Valley Water System Improvement Project and one housing project. She indicated that the County can apply up to two projects.  

John Klest, Dexter, Board President of Dexter Sanitary District, said their system needs repairs and they are required by the DEQ to accomplish those repairs.  He added that they are in the process of making those repairs. He said they need help to continue. He said in 1979 the State Health Department issued a finding that to operate subsurface and septic tank and drain field systems in their substandard soil constitutes a danger to public health. He stated that a wastewater system is vital to the city of Dexter. He said in response to that finding a wastewater system was constructed in Dexter in September 1983. He added that over the past 27 years the system has proved to be effective and environmentally sound. He said the systemís performance is excellent but they have serious leaks.  He said when it rains hard they have an over abundance of water that overwhelms the drain fields and the environmental elements. He said when that happens; they are operating in non-compliance with their DEQ permit and in violation state law. He noted over the years the DEQ has issued notices of non-compliance and the district has spent time and effort to correct the problem. He recalled in fall 2008 they authorized the use of the remainder of the bond fund to install 11 manholes at strategic locations in the collection system. He said the installation put them in a good position for Phase 2. He stated that they donít have the resources to continue. He noted in February 9, 2010 they contacted Congressman DeFazioís office and were directed to have meetings with certain people.  He said they met in September 2009 at the Dexter Hall with the USDA, Oregon Business Development Division, the DEQ, Mike McKenzie Bahr and the Dexter Sanitary District Board members. He said the results of the meeting brought them help from the agencies represented.  He requested the County apply for a $150,000 grant on their behalf for the preparation of a facilities plan and an environmental review and authorize County staff to work with the district to pursue CDBG funding necessary for the work identified in the facilities plan environmental revenue. He noted without funding they have no way to fulfill their mutual agreement with the DEQ.

Dwyer asked how the County could help Dexter.

Mike McKenzie-Bahr, Economic Development, indicated that they have been working with the Dexter Sanitary District to go through the pre-steps to see that they qualify for CDBG funding and believes they do. He added that they have met with the OCDD and they came to the conclusion that the first step needs to be the planning grant. He indicated there are four grants available. He recommended starting with the planning grant for the Dexter Sanitary District. He indicated that there are multiple steps to qualify for the CDBG block grants.  He noted the second step is to do a survey. He said they completed a survey and 69 percent responded to a survey and out of that they identified 85 percent of the residents had low and moderate incomes. He said they submitted it to the state and they rejected the survey and they were told to do it again because they claimed the survey methodology for the door to door was targeted. He asked the state for the rule they are discussing but they have not yet provided it. He indicated that they will be appealing the decision because there werenít any others to target.

MOTION: to ORDER 10-2-24-8.

Dwyer MOVED, Stewart SECONDED.

VOTE:  4-0.

b. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1267/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) (PM & NBA 2/10/10).

Stephanie Schulz, Land Management, explained that the proposal is for a map amendment to update the delineation of the time of travel zones for the Willamette Wellfield Overlay Zones and the Springfield Drinking Water Protection Plan.  She noted the Willamette Wellfield is located south of the Springfield Mill Race and East of the Springfield Quarry and Doris Ranch. She said the proposal is to amend the internal time and of travel zone boundaries for this wellfield only and the proposed map amendment is an update to the Springfield Drinking Water Protection Plan, a single purpose refinement plan to the Metro Plan. She said it presents the cityís strategy for providing a sufficient amount of healthy and safe drinking water to city residents and businesses. She recalled at the First Reading, Handy had some questions on the program and additional documentation was provided by the city and response to those questions is in the record. She indicated they held a Public Hearing at the Planning Commission for the project and at the hearing the Planning Commission recommended adoption and staff concurs. She explained that criteria for a Metro Plan adoption is Chapter 12 of Lane Code, 12.225 2 (2) the amendment must be consistent with the statewide planning goal adopted by LCDC and also the adoption of the amendment must not make the Metro Plan internally inconsistent and the findings attached to the ordinance have the detailed information.

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

MOTION: to adopt Ordinance No. PA 1267. 

Dwyer MOVED, Stewart SECONDED.

ROLL CALL VOTE: 4-0.

10. COMMISSIONERS' BUSINESS

a. PRESENTATION/Urban Renewal District and Enterprise Zones

Ebon Fodor, stated that he was commissioned by Handy to give this present. He gave a presentation on the Urban Renewal District and Enterprise Zones. (Copy in file).

Anette Spickard, Assessor, commented that urban renewal districts and enterprise zones are complicated and complex. She provided information. (Copy in file). She indicated that they have significant requirements and they do publish reports and submit data to the Department of Revenue. She said they have a lot of reporting information that is on the website. She was disappointed by the inferences that her department had no data to provide. She stated that was not true. She said her role is not to discuss this and she canít show bias.

Sorenson asked how long it would take to write a cooperative agreement.

Fodor indicated he could do a follow up project in one or two months. He said it would depend on how much public input and process there would be.

Stewart commented that things donít move as fast as they would like them to move. He indicated there are no secrets. He stated that all of this material is already provided by the County.

Sorenson wanted to see the Board have an additional work session bringing people from Eugene and Springfield in to talk about the implications and exploring cooperative agreement. 

Handy wanted to explore models of cooperative agreements. He wanted to look at the Countyís options around having a countywide vote for establishing a cap.

Spartz was concerned about this approach. He said regardless of what people say, it is a difficult process for the policy makers to understand. He noted one of the reasons the urban renewal district runs long is because it is a terrible investment with a low rate of return. He thought the Board should look at initiating energy and a hurl rate. He thought they should  not have an expansion of the district and if they want to do a new project it goes on its own and they donít extend the district.

Handy wanted a template or model and see what they get back.

b. ORDER 10-2-24-10/Approving a Letter of Support to Request the Oregon Transportation Commission Partner with Lane County on a "Last Resort" Herbicide Spray Pilot Project for Highway 36.

MOTION:  to approve ORDER 10-2-24-10.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-0.

c. Report Back on Golden Temple

Marc Kardell, Assistant County Counsel, reported that after the Boardís conversation, he met with Mr. Khalsa and a friend in his office. He said they reviewed the complaint. Kardell put on speakerphone one of the attorneys for the plaintiffs. He said they have filed a new lawsuit seeking a variety of things including $50 million and are represented by a firm in Portland. He said they are well protected. He noted there is a protective order the attorney mentioned that the plaintiffís have not signed, but the defendants have. He added that because of the protective order the attorneys couldnít disclose  information. He indicated they are knowledgeable about the purported sale. He hasnít heard anything back. He said the attorney generalís office is aware of this.

Dwyer asked what happens next Tuesday.

Kardell responded there is nothing they have to do.

11. COMMISSIONERS' ANNOUNCEMENTS

Stewart reported that he has an O & C Meeting on Friday in Salem .

Handy announced that there is a JEO meeting on Friday.  He explained that the annual evaluation of the County Administration will take a more formalized process. He thought it might be a model for the Board of Commissioners in the future. He said they will gather information and report back in eight weeks. He announced there will be a public stakeholders process meeting tomorrow in Harris Hall.

Sorenson reported that he will be going to Washington D. C. for a United Front trip.

Dwyer reported that he took a tour of the new Charnelton building.

12. EXECUTIVE SESSION as per ORS 192.660

None.

13. OTHER BUSINESS

None.

There being no further business, Commissioner Handy adjourned the meeting at 3:55 p.m.

Melissa Zimmer
Recording Secretary