BOARD OF COMMISSIONERS’

REGULAR MEETING

June 9, 2010

1:30 p.m.

Harris Hall Main Floor

APPROVED 4-27-2011

 

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

 

10. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND POSSIBLE ACTION/ORDER 10-6-9-15/In the Matter of Dissolution of the Lane County Metropolitan Wastewater Service District and Liquidation of Assets to the Lane County General Fund.

 

Clark explained this is the second hearing on the dissolution of the Metropolitan Wastewater Service District.  He said because of the statute, it requires a proposed order of dissolution and findings of fact to be filed with the County.  He indicated that no one has submitted any response to viewing the documents.

 

Christine Moody, Budget and Finance Manager, stated that nothing has come up since the last meeting.  She indicated she filed the information with the clerk for the public to review.  She said they have full budget authority as long it is completed by June 30.

 

Fleenor asked if they could change the exhibit to state it is under $5,000

 

Clark said these are the findings of the district board, not the Board of Commissioners.  He said to change the findings of fact in any substantive way would require the Board to convene again and redo it.  He said they could add language to the Board of Commissioners’ order specifying that was the estimate at the time the district Board looked at the matter and it was adequate at $5,000.

 

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

 

MOTION: to approve ORDER 10-6-9-15 with the added language in the board order.

 

Dwyer MOVED Handy SECONDED.

 

VOTE: 4-0.

 

b. SECOND READING, PUBLIC HEARING AND POSSIBLE ACTION/ Ordinance No. 2-10/In the Matter of Amending Chapter 9 of Lane Code to Adopt City of Springfield Regulations Pertaining to Erosion Prevention for Application by the City of Springfield to the Urbanizable Lands Within the Springfield Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 9.945) (NBA & PM 5/19/2010).

 

Dwyer recalled that Handy asked if they had received any other information.  He said when they tabled something they can’t talk about it.  He would be willing to make a motion to remove it from the table if they have substantive information.  He asked if they have any substantive answers.

 

Dan Hurley, Public Works, responded that they have done a scoping on what it would cost at the County to take on  the services that are required without adopting an IGA for the city of Springfield.  He said the ordinances have no meaning without an IGA

 

Hurley gave a power point presentation.  (Copy in file).

 

Dwyer commented that it boils down to control.  He said they are thinking about sending a letter telling the city they want to take back the things that they have given them.  He wanted to look at the larger picture.

 

Hurley said that due to time constraints, his preference is to do an IGA, transfer authority, develop their program and then when they are ready, go back for land use permits.

 

Dwyer wanted to abide by state mandates.  He said if they decide to take back the planning, the argument would have a different outcome.

 

Sorenson asked if they could give a 30 day notice.  He asked what the cost would be to County government if they were to provide those services as opposed to the costs of the city to provide those services.

 

Hurley indicated that it is more cost effective for the cities than for the County to take it back.

 

Clark stated that they would need to add staff to undertake the duties and getting someone to do it could take six months.  He stated that 30 days notice was impractical for the County and for the city.

 

Spartz said if the Board plans at some point to manage these functions, then they should direct staff to put together a timeline and work plan so they can take these functions back so all the functions are managed properly and no one is harmed because of a gap in transition.

 

Hurley explained that Lane County will be adopting Springfield’s erosion prevention rules and their illicit discharge rules.  He said they could go through a work plan that is more stringent than the city.

 

Handy wanted to acknowledge the changing times.  He added that part of the challenge is that the County wants to control what is going on with the County’s lands.  He stated that he was ready to give notice on the 190 agreements involving those issues.  He said it was time for the County to come up with comprehensive programs to address the needs that are being missed with overarching planning responsibilities.  He thought it was an opportunity to do something better.

 

Fleenor wasn’t sure they had the resources to take on another project.  He wanted to move this forward .  He thought next year the Board could proceed to move this process forward.  He thought the Metro Plan should be resolved with individual comp plans.  He added that if they want to add this, they will dilute the effectiveness of all plans they are planning on doing.

 

MOTION:  to adopt Ordinance No. 2-10.

 

Sorenson MOVED, Dwyer SECONDED.

 

Clark noted they had not had the Public Hearing yet.

 

Sorenson withdrew his motion.  Dwyer withdrew his second.

 

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

 

MOTION: to adopt Ordinance No. 2-10.

 

Sorenson MOVED, Dwyer SECONDED.

 

ROLL CALL VOTE:  4-0.

 

c. SECOND READING, PUBLIC HEARING AND POSSIBLE ACTION/ Ordinance No. 3-10/In the Matter of Amending Chapter 5 of Lane Code to Adopt City of Springfield Regulations Pertaining to Illicit Discharge for Application by the City of Springfield to the Urbanizable Lands Within the Springfield Urban Growth Boundary; and Adopting Savings and Severability Clauses (LC 5.747) (NBA & PM 5/19/2010).

 

MOTION: to remove Ordinance NO. 3-10 from the table.

 

Dwyer MOVED, Handy SECONDED.

 

VOTE: 4-0.

 

MOTION:  to adopt Ordinance No. 3-10.

 

Sorenson MOVED, Dwyer SECONDED.

 

Sorenson wanted to have a 180 day notice to terminate.

 

Clark indicated the Board could act on the IGA’s but they haven’t had their public hearing yet.

 

Sorenson withdrew his motion.  Dwyer withdrew the second.

 

Commissioner Fleenor opened the Public Hearing.  There being no further business, he closed the Public Hearing.

 

MOTION: to adopt Ordinance No. 3-10.

 

Sorenson MOVED, Dwyer SECONDED.

 

Dwyer was willing to support this if they take a dual track.  He said they need to give notice and to start working on delivery of services to see what it is they will have to add if they assumed all services and what money would flow from that.  He wanted to see all IGA’s that change hands between the County that relates to an IGA with the Metro Plan and HB3337.

 

ROLL CALL VOTE: 4-0

 

Fleenor wanted to have a work session on September 21 for a discussion of giving notice of the 190 agreements.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

Sorenson announced a Town Hall meeting on June 22 at the Amazon Community Center.

 

12. EXECUTIVE SESSION as per ORS 192.660

 

None.

 

13. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Fleenor adjourned the meeting at 3:25 p.m.

 

Melissa Zimmer

Recording Secretary