BOARD OF COMMISSIONERS'
REGULAR MEETING
March 17, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 7/7/2010  

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

Fleenor indicated the MOU will be 10 c.  Fleenor wanted the newspaper board order pulled from the Consent Calendar to be taken as a separate item.

2. PUBLIC COMMENTS

Nan Osbon, Florence, thanked the Board for putting the ice machine grant on the Consent Calendar.  She hopes everything will go well and that they will be able to produce ice for the salmon season.

Ralph Saulser, Florence, commented that the ice machine project is for everything that will be happening on the dock.  He was happy to see it come to Florence and he commented that now fisherman can fish out of Florence again.

Daniel Lewis Fromherz, Eugene,  said he wrote the Board a letter.  He said that Handy suggested he write up a resolution and he had done that.  He wanted to send the resolution to the president and to the senators.  He discussed the antiquated law in the military. He spoke about donít ask, donít tell, a policy that excludes homosexual men and women from serving in the military.  He believed in equal civil rights for everyone.

Clause Pressler, Eugene, distributed a letter and e-mail.  (Copy in file).  He said the County has taken his living improvements.  He said he has adjacent land on his property off River Loop. He stated that  on March 4 he was disappointed by what the Sheriff did.  He said not only was he trespassed by the County, his civil rights were violated.  He said there are other issues around this.  He urged the Board to consider compensating him in a fair manner.  He indicated the County website alludes to improvement to property and takings.  He was aware that public safety is an issue and he mentioned that reasonable pruning was called for.  He said they removed his trees, cutting them without prior notice.  He was threatened with disorderly conduct because he was asked for identification and he voiced his objection.

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

Sorenson thanked the public for coming to public comment.  He said the resolution looks into the future and treats people equally.

Stewart recommended having the VMAC Committee work on the Pressler issue.  He thought this was one of the issues VMAC should spend time on to look at current policy to see if it is effective.  He thought there needs to be a civil way to acknowledge the issue about growing things in the right-of-way.

Dwyer was glad the ice machine came to a conclusion.  He announced today is 151 years after Oregon officially became a state.

Fleenor was notified by Orin Schumacher that this was going to take place on Presslerís property.  He indicated to Schumacher that based upon the state transportation about safety regulations, he concurred with Schumacherís conclusion.  He agreed with Stewart to go back to VMAC for a process to better fine tune things when they have disruptive and emotional issues.

4. EMERGENCY BUSINESS

None.

5. CONSENT CALENDAR

A. Approval of Minutes           

B. County Administration

1) ORDER 10-3-17-1/In the Matter of Approving a $79,476 Grant to the Port of Siuslaw to Complete the Fishermanís Ice Machine, and Appropriate Funds in the Amount of $79,476 in Fund 275, the Industrial Revolving Fund.

C. Health and Human Resources

1) ORDER 10-3-17-2/In the Matter of Appointing One Member to the Community Health Council.

2) ORDER 10-3-17-3/In the Matter of Approving the 2011-13 Lane County Mental Health and Addictions Implementation Plan.

D. Human Resources

1) ORDER 10-3-17-4/In the Matter of Approving an Amendment to the Deferred Compensation Investment Consulting Contract.

2) ORDER 10-3-17-5/In the Matter of Approving an Amendment to the Great West Retirement Services Contract to Act as the Deferred Compensation Third Part Administrator for Record Keeping and Communication Services and Delegating Authority the County Administrator to Execute the Five-Year Amendment.

3) ORDER 10-3-17-6/In the Matter of Establishing a 5% Bilingual Premium Pay for Non Represented Staff.

E. Public Safety

1) ORDER 10-3-17-7/In the Matter of Approving Execution of Amendment 1 to Facility Staffing Agreement with Pace Staffing Services, LLC and Amendment 1 to the Inmate Medical Services Contract with Judy M. Pinsonneault, D.O., Both Providing Medical Services in the Lane County Corrections Facility in the Amounts of $150,000 and $87,600 Respectively.

F. Public Works

1) ORDER 10-3-17-8/In the Matter of Amending Chapter 4 of Lane Manual to Modify Provisions of the Lane County Firewise Incentives Program (LM 4.305).

2) ORDER 10-3-17-9/In the Matter of Approving the Sisters Area Chamber of Commerce's request for a letter of support for Designation of the McKenzie Pass Scenic Bikeway.

3) ORDER 10-3-17-10/In the Matter of Awarding a Contract to Papť Trucks, Inc. dba Papeí Kenworth, in the amount of $92,925, for the Purchase of  one (1) new, 33,000 GVW Diesel-Powered Truck, With no Trade-in, Contract FY09/10 FS-05. 

4) ORDER 10-3-17-11/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Liquid Asphalt Materials, Delivery, CRC Distributor and Operator Needs During the Fiscal Year 2010-2011, Prospective Contract No. 10/11-M&S-52 and that the County Administrator be Authorized to Sign the Contracts.

5) ORDER 10-3-17-12/In the Matter of Appointing two Members to the Parks Advisory Committee for the Two at-Large Positions.

G. Youth Services

1) ORDER 10-3-17-13/In the Matter of Ratifying the County Administratorís Decision Authorizing Submission of a Grant Proposal in the Amount of $325,000 for Three Year Funding for the Juvenile Drug Court Through SAMSHA Funding and Authorizing the Acceptance of any Resulting Grant Award.

ORDER 10-3-17-15 Selecting Newspapers to Publish Monthly Notice of Expenditures, Personal Property Tax Warrants, and Notices of Real Property Tax Foreclosure.

MOTION: to approve the Consent Calendar as amended.

Dwyer MOVED, Stewart SECONDED.

VOTE: 5-0.

6. COUNTY ADMINISTRATION

a. Announcements

None.

7. COUNTY COUNSEL

a. Announcements

None.

8. PUBLIC WORKS

a. ORDER 10-3-17-14/In the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Decision Reversing the Planning Directorís Denial of a Group Care Home (File PA 09-5314/Teen Challenge).

Jerry Kendall, Land Management, explained that this is the first elect to have a hearing to be heard before the Board since the revised Chapter 14 amendment.  He indicated that the applicants get to choose one of two options. He added the applicant choose Option 2, desiring the board not to hear the appeal but to proceed to LUBA.  This proposal is for a group care home in the Rural Residential Zone and the property is owned by Teen Challenge International.  It is to serve recovering female adults with drug and alcohol issues.  He indicated this facility is to house between 12 and 20 individuals.  He added that if it got up to 20 women, that would include minor children who would live on site. He indicated the site is located at 85989 Bailey Hill Road, across from Twin Elks Elementary School.  He recalled the planning director denied an approval in November because the proposal was found to have insufficient description of the proposal in terms of scope frequency, nature and duration of the proposal itself.  He added from that, the associated activities were not described in the manner that could be properly assessed.  He stated the applicant appealed and the hearings official after having additional testimony reversed the planning director and approved the Teen Care Home with conditions. 

Kendall indicated that todayís focus is whether the Board would elect to hear this item.  He explained that Lane Code 14.600(3) contains four items to be assessed by the Board.  He noted the first item is whether this presents an issue of countywide significance.  He indicated that the memo states in that regard that the application is unique in that a group care home operated by a faith based approach (in this case) has not occurred with frequency and that the issues raised in the appeal related to operator specific factors of site specific qualities is not of countywide significance.  He noted another item is whether the issue will occur with frequency.  He said in this regard they donít think there is.  He said one of the main laws cited was the Fair Housing Act and any county interpretation of a federal law would not be given deference upon appeal.  He said there is no need for policy guidance in that regard.  He indicted there is no unique environmental resource involved with the property and neither the planning director nor the hearings official had recommended that the Board review this item.  He noted a new edition in Chapter 14 is to advise the Board of the timeline of this application by state statute ORS 215.427(1).  He indicated that the County is to issue decisions within 150 days of the application being deemed complete.  He stated at this date they are at 262 days into the application.  He said the Board has been advised that that standard cannot be met.  He said staff is recommending the first option, a motion to approve the attached order, electing not to hear the appeal, deeming the hearings official decision of January 26, 2010 as the final decision of the County.

MOTION: to approve ORDER 10-3-17-14.

Dwyer MOVED, Sorenson SECONDED.

Fleenor asked if teen alcohol was a mental or social handicap for FHA and what that handicap is.

Assistant County Counsel Stephen Vorhes indicated that what needs to be focused on is the hearings official decision and what the hearings official concluded instead of getting his independent analysis of the issues.  He said the hearings official concluded there was that aspect to this operation and that statute did have implications.

Stewart stated that this is in his district and over the past 18 months there have been conflicts with this entity and the neighbors.  He noted the conclusion was that they had to go through an application process and that was what was represented.  He had prior knowledge and he didnít believe his prior knowledge had any bearing on this motion.

Fleenor withdrew his question and will ask the question at a different time.

VOTE: 5-0.

b. REPORT BACK/Status of the Lane County Floodplain and Riparian Ordinance Updates.

Keir Miller, Land Management, provided information in the packet.  (Copy in file).  He said amendments to the floodplain and riparian ordinance updates have been on the radar because there is an active group from the Countyís watershed council and EWEB on ways they can assist the County.   He recalled in August the Board wanted him to work with a technical advisory committee on these issues.  He said the Board made it clear they wanted to see staff move quickly on this item.  He heard it should be more of a concise and streamlined effort.  He said the Board indicated a need for staff to identify a diverse group of stakeholders early on in the process to engage in a feasibility analysis to see if a collaborative process could be done like the West Eugene Collaborative effort.  He added that the Board directed them to use that as a model.  He indicated that they put these items on the Long Range Planning Work Program in November and in January work on the project got started.  He indicated that EWEB offered to contract the services of the Oregon Consensus Group to help them in the first phase of this project.  He added that was the group involved in the West Eugene Collaborative.  He said this report has been released and they are having a meeting on April 5 inviting back the stakeholders and moving forward on the process.  He outlined a timeline moving into the second phase of the process.  He said the Board could design another way for a public process. He asked for Board direction.

Sorenson said his concern was to make sure it stays on track and doesnít get bogged down by land use review.

Handy wanted to see regular check-ins and to alert the Board if any issues needed to be addressed and they will get it on schedule.

Stewart asked if they should have Oregon Consensus Group be part of the process to provide the staff to do the meeting coordination.  He wanted to help staff.  He was supportive of what Miller is doing; he just wanted to make sure that Miller doesnít get overworked.

Fleenor wanted to make sure they move as quickly as possible.  He wanted Miller to check in if he runs into a problem.  He wanted him to let the agenda team know if there is a problem so they can bring this back.  He thought the process was on task.

Miller indicated that this is a scaled back group comprised from a larger stakeholder group.  He indicated the key members would be individuals working with the watershed councils, EWEB and the McKenzie River Trust.

c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. PA  1270/In the Matter of Taking a Goal 2 Reasons Exception To Goal 11 (Public Facilities And Services) and Amending The Lane County Rural Comprehensive Plan Goal 11 Policies to Allow Extraterritorial Extension of Wastewater Service Outside the Junction City Urban Growth Boundary (UGB) to Provide Wastewater Service to Lands Inside the Junction City UGB And to Allow Connection of Wastewater Service to Specific Rural Properties Affected by Extension of Wastewater Service to Serve Lands Inside the UGB. (File No. PA 10-5056; Applicant: City of Junction City) (Second Reading and Public Hearing March 31, 2010).

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance No. PA 1270 for March 31, 2010.

Dwyer MOVED, Stewart SECONDED.

VOTE: 5-0.

d. ORDER 10-2-24-2/In the Matter of Authorizing an Intergovernmental Agreement with the City of Florence to Conduct a Groundwater Quality Study in the North Florence Dunal Aquifer and Authorizing the County Administrator to Execute the Agreement.

Dan Hurley, Public Works, reported that this is for a groundwater study of the North Florence Dunal aquifer.  He indicated the city has a grant from the EPA for the Siuslaw estuary.  He noted the grant covers surface monitoring, wetlands and public education  He added it is a partnership with multi-agencies.  He said there is an IGA with the city of Florence and the Heceta Water District for drinking water, but this is not that IGA.  He stated this IGA is for a groundwater monitoring study.  He recalled the Board gave a letter of support of the study for the city of Florence to apply for their grant.  He said since the agenda materials were prepared, there have been new developments.  He said in response to some of the testimony from the last reading of the Florence Comp Plan and direction of Fleenor, he contacted the Heceta Water District about being a signing party for the IGA.  He reported that they had a board meeting and voiced that they would like to be a signing party.  He said they are having the IGA reviewed by their legal counsel and they are convening a special meeting to see if they want to revise language.  He said he is waiting to hear back from them.  He added that the city of Florence has indicated that adding Heceta Water District was acceptable to them for the IGA.  He indicated that there will be a licensed hydrogeologist helping out with this through the development.

Dwyer thought it would be in their best interest not to pass this order until Florence and Heceta Water District review this.

Hurley concurred not to approve the board order today.  He noted the water quality assurance plan was submitted to the EPA and has been approved.

Fleenor thought the study should be based on best practices and scientific matter.  He said they need a third party licensed hydrogeologist or a consulting firm who would work with the parties to design a plan.  He said this was important, but they need to get started correctly.  He hoped the next time they see this that the study plan will be flushed out to the extend that a third party has had a time to identify where the monitoring wells will be placed, the frequency of sampling, the rigorous testing requirements and who the firm will be to analyze the results.  He wanted to see it defined in the IGA.  He wanted Hurley to check back prior to distributing the new IGA and before it goes out to the partners so they make sure they are in concurrence with the model being proposed. 

Hurley asked when he should report back to the Board.

Fleenor wanted to have the hydrogeologist hired and indicate that in the IGA, that a hydrogeologist or equivalent shall be hired.  He asked Hurley to come back on

April 27.

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

Melissa Zimmer
Recording Secretary