BOARD OF COMMISSIONERS'
REGULAR MEETING
January 13, 2010
following HACSA
Harris Hall Main Floor
APPROVED 2/3/2010

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.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

Jim Gillette, Eugene, said he was told to meet with Legal Counsel regarding a settlement and Richardson informed him that he canít do it because his attorney is still on record.  Gillette stated that his lawyer called him and he appealed the case.  He commented that it will be another year and he had to pay to appeal.  His lawyer said he doesnít have to withdraw and Richardson wouldnít discuss this with him.  He wanted to meet with. the County to settle this.  He recalled the County offered him a hearing on the first case and it needs to be done before the second case is settled. 

Ann McLucas, Eugene, thought the County should fix the matters of the first fine so they can get things cleared up.  She said that Gillette is in compliance and it is time to wrap things up.  She thought Gillette should have a settlement hearing on the first case regardless of the second case.  She thought Handy needed to be brought up to date on this matter.  She said they want to be done with this.  She said she sees Gillette working on trails. She stated that it would be to the public good for the property to be left as a park.

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

Dwyer stated that his heart goes out to the people of Haiti from the earthquake. 

Sorenson hoped the citizens could do as much as they can for the citizens of Haiti.  He commented that they have to be reminded that earthquakes are a fact of life and they affect people and they need to plan for them as best as they can.

Stewart wanted an update on Gilletteís case.  He also wanted to see this matter move forward.  He announced that he and Handy will host a public meeting on January 30 for the Goodpasture Bridge.  He said it is important to work with the residents and listen to their needs.  He hoped they can minimize the potential hardship it will place on the residents.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

A. Approval of Minutes:

B. Board of Commissioners

1) ORDER 10-1-5-2/In the Matter of Amending the Good Governance Principles and Practices Board Order No. 09-1-5-1.

2) ORDER 10-1-13-1/In the Matter of Appointing the Liaisons to Various Committees and Agencies as Outlined in the Proposed Order.

3) ORDER 10-1-13-2/In the Matter of Appointing Representatives and Designees to Various Committees and Agencies.

Approving a Letter to the Local Delegation Regarding Renewal of Secure Rural Schools Legislation.

C. Children and Families

1) ORDER 10-1-13-4/In the Matter of Approving Submission to the Oregon Commission on Children and Families of the 2009-11 Partnership Agreement Between Lane County's Commission on Children and Families and the Board of County Commissioners.

D. Health and Human Services

1) ORDER 10-1-13-5/In the Matter of Delegating Additional Authority to the County Administrator in the Amount of $700,000 to Sign an Intergovernmental Revenue Agreement with Eugene Water and Electric Board (EWEB) for EWEB's Limited Income Energy Assistance Services and Ratifying the County Administrator's Signature on the Same Revenue Agreement in the Amount of $2.5 Million.

E. Public Works

1) ORDER 10-1-13-6/In the Matter of Approving the Amended Bylaws for the Roads Advisory Committee Due to Lane Manual Changes.

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Handy SECONDED.

VOTE: 5-0.

6. COMMISSIONERS' BUSINESS

a. DISCUSSION/Cedar Creek Partnership Memorandum of Understanding (MOU) for Implementation of the Salmon Trout Enhancement Program (STEP) in the Cedar Creek Watershed.

Dwyer commented that this is important because it is not dam impaired.  He noted there are no manmade obstacles to prevent fish from moving through.  He thought they should cooperate with the partnership to create fish runs and he thought the MOU was a good start.

Stewart noted that former councilor Lindsay Haskell has been involved with this.  He thought if they were going to bring people in, that they should get Haskell involved because it is important to get the information.

Richardson recalled that the Board had approved about 45 minutes of work on this by staff.  She indicated that they have already exceeded the work.  She thought two more hours would be needed to find out the information the Board requested.

MOTION: to approve two hours of staff time.

Dwyer MOVED, Sorenson SECONDED.

Sorenson asked what the status was to comment.  He said if Cottage Grove and Lane County favor the fish ladder, why they couldnít write a letter to that effect.

Stewart said the permit  has already been issued.  He recalled that the comment period came and went four years ago.  He didnít think there was value in sending a letter as he didnít think anything would change.  He said the DEQ is looking at issuing the permit of the operation of the hydroplant.  He said that would be time where they would have the opportunity to talk about the operation of the plant.  He said the Corps of Engineers has not completely blessed the project.  He noted there are still some issues about the construction of the facility that the Corps would have to work through and he thought there might be an opportunity to comment on that.  He thought they should talk to EPUD.  He commented that there is a possibility the project wouldnít move forward because EPUD is in the need of funding and funding isnít available.  He said they could ask the DEQ to give them public notice.

Dwyer said they need a resolution opposing any construction of a facility that utilizes passages that are impacted by fish.

AMENDED MOTION: to adopt a blanket opposition to the construction of any dams that does not consider fish passage and screens.

Dwyer MOVED TO AMEND, Stewart SECONDED.

Fleenor thought a motion was premature.  He thought they should give direction to Richardson to work with Dwyer and Stewart to come up with a resolution in opposition.

Fleenor asked if they could start a process where a resolution could be prepared.

AMENDED MOTION: for County Counsel to work on a process whereby a resolution could be prepared where the Board would be in opposition to new water projects that donít contain a fish passage.

Dwyer MOVED TO AMEND, Stewart SECONDED.

Stewart noted there are other facilities that are being proposed for hydro electricity and by having a blanket statement encouraging that was a positive outcome.  He was supportive. 

Fleenor reiterated the motion was to approve a process where there is a resolution in opposition to any new construction of a waterway that doesnít contain a fish passage, including health and environmental issues, drinking water issues, DEQ and water quality oversight issues.  He wanted to have Alex Cuyler, Intergovernmental Relations Manager,  to also work on this.

VOTE: 5-0.

MOTION:  to include two additional hours to research the Dorena Dam issue including legal standing, timing for public comment and other options

Dwyer wanted to amend the motion to research the project for up to five hours.

VOTE: 5-0.

Fleenor asked about the status of EPUD contract evaluation.

Assistant County Counsel Andy Clark said there were no major changes since the last report.

Larry Six, Cedar Creek Watershed, asked for the Countyís participation in the Cedar Creek partnership that would restore flows in Cedar Creek and restore fish and wildlife habitat and improve water quality.  He indicated a MOU has been drafted.  He said the language has been reviewed and approved by all the parties and they are ready to sign it. 

Six noted that most of the land is outside the urban growth boundary to the north and east of Springfield. 

Six said the goals of the partnership are to agree upon a flow rate appropriate for Cedar Creek to support fish habitat goals while being protective of the infrastructure and waterways.  He said they want to secure a stream flow by diversion of the McKenzie River water under a salmon trout enhancement program .  He added that they want  to support planning and design efforts for the placement and sizing of a new intake to allow and maintain the desired flow.  He said they want to protect and restore water quality, fish and wildlife habitat and riparian function of Cedar Creek and to support the existing agencyís mission and partnership agreements.

Six noted the parties have vetted this MOU and there has been legal review by the city of Springfield.  He added that EWEB will approve this as drafted.  He indicated that this is the first opportunity to ask for the Countyís review and approval of the document and signatures.  He said they werenít asking for any entity to provide financial support, they wanted a staff person to be designated to meet occasionally with the partnership to represent the County, to review grant applications for outside grants and to help work with landowners.  He estimated the time commitment to be about two to four hours per quarter to attend meetings and review grant applications.  He noted the benefit to the County would be to strengthen local partnerships.  He added that would increase the opportunity of obtaining outside grant funds if they show a strong local partnership.

MOTION: to have Lane County enter in as a partner with the MOU and direct the Lane County administrator to sign the agreement.

Stewart MOVED, Dwyer SECONDED.

Assistant County Counsel Andy Clark said he didnít see any major issues with the MOU but he wanted to change some words, but not the substance.

Dwyer wanted the motion to be amended to allow counsel to review the wordsmithing and to bring it back in two weeks on the Consent Calendar.

Fleenor thought this was a good first step.  He asked if they could develop a countywide riparian ordinance with this as the starting point.

Keir Miller, Land Management, stated that this is an item on the Long Range Work Planning Program and Land Management has been working on this.  He thought joining Cedar Creek would be a good effort along with working on an ordinance countywide.  He said they have a stakeholder group that includes representatives from all of the Countyís watershed councils, reviewing the riparian issues.

Sorenson asked what the schedule was for bringing the floodplain and riparian ordinances bank to the Board

Miller indicated that Land Management is working on a frontloaded collaborative effort. He said they are working with EWEB to hire Oregon Consensus for a model similar to the West Eugene Collaborative effort.  He recalled that was direction they received from the Board during discussion of the long range planning.  He noted that Oregon Consensus is working on a stakeholder list.  He said in about 45 days they will have completed their initial assessment and once that assessment occurs, they will convene a committee to begin looking at an ordinance update.  He stated that he will bring this back to the Board in July.

Sorenson asked Miller to come back in February and April for on an update.

VOTE: 5-0.

7. COUNTY ADMINISTRATION

a. Announcements

Handy asked about carbon sequestering.

Spartz reported that a meeting occurred and Alex Cuyler thought there was a lack of interest on the part of the people at the University of Oregon.  Spartz said that Cuyler didnít know if he spoke with the right people.  Spartz told Cuyler to talk to the people at the Department of Forestry and Oregon State to see if they would have any interest.

Sorenson indicated that Kevin Matthews is a publisher of a magazine in Eugene.  He said that Matthews has been writing on the topic of carbon sequestration and the idea that small amounts of forestland as low as five acres could be aggregated for the benefit of industries that are looking for purchases of carbon offsets. He noted that Matthews has the view that Lane County could be a part of this without connection to any federal or state legislation with its own forestland they control.   He said they could get more revenue from the carbon offset under the current market conditions than they get from timber production at current market conditions.

Handy said he will be asking this question every week in line with the goals they set in goal setting.  He thought there are things they could do each week to take matters in their own hand.

8. COUNTY COUNSEL

a. Announcements

None.

b. REPORT BACK/Dorena Dam Public Comment Period and County Legal Standing.  (PULLED)

9. PERFORMANCE AUDITOR

a. Announcements

Stewart Bolinger, Performance Auditor, recalled when the financial auditors were here, there was an exception about compliance monitoring on the home insulation projects through the economic recovery money. He said they relied on the state but from the federal standpoint, that was an error.  He said that issue has been addressed.  He indicated that he will pay close attention to corrective actions that will be implemented.

Sorenson offered the Performance Auditorís services to other governments that are too small to have their own.  He asked Bolinger about his view.

Bolinger responded that the best idea would be to talk with Multnomah County or the city of Portland, as they have a good size performance audit staff.  He stated that he is a one person operation. 

Dwyer thought Bolinger could do a one page primer for people who need assistance.  He wanted Bolinger to put a list together for smaller governments.

Fleenor asked Bolinger when he would be providing his work plan.

Bolinger responded that he was six months behind with his report.  He recommended waiting until the new auditor comes on board.

Fleenor asked Bolinger to present an interim report at the next meeting including succession planning.

10. COMMISSIONERS' ANNOUNCEMENTS

Handy recalled that he had a meeting with the Department of Youth Services and the leaders in the Communities of Color in Lane County.  He thought after the meeting and discussions that they are moving forward in a good partnership, trying to look at the service issues involving youth incarceration in Lane County. 

12. EXECUTIVE SESSION as per ORS 192.660

None.

13. OTHER BUSINESS

None.

There being no further business, Commissioner Fleenor recessed the Board at 11:05 a.m.

Melissa Zimmer
Recording Secretary