BOARD OF COMMISSIONERS'
REGULAR MEETING
March 31, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 8-3-2010  

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

Fleenor pulled item 5.F.4) for more information on the RFP bidder.  Handy added  6 c. a contingency fund request under Commissioners Business.

2.  PUBLIC COMMENTS 

Carol Berg Caldwell, Eugene, gave an update on the progress of the ACT.  She announced that the next event is April 6.  She said they want to hear from the community about working toward a community policing concept.  She thanked the Board for their encouragement.

Becky Riley, Eugene , spoke on behalf of the Board of the River Road and Santa Clara Community Organization.  She said in the afternoon the Board is being asked to make an amendment.  They wanted an amendment to be added related to stormwater.  She said they donít believe the stormwater basin plan has specific enough guidance.

Kate Pearle, Santa Clara , thanked the Board for the River Road/Santa Clara stormwater.  She said that the River Road/Santa Clara area is dependent on open waterways.  She indicated that they donít have a pipe system.  She noted that many of the waterways lie outside the Eugene city limits and outside the urban growth boundary.  She added the stormwater basin is a natural boundary and has to be considered as a whole system.  She said they need the Boardís help to incorporate their concerns into the plan.  She said it is overly reliant on manmade fixes instead of their natural system.  She said they donít have a pipe system and unless they can improve and enhance what they have, they are putting at people of risk of flooding.  They want to ensure that groundwater recharge is a policy goal for River Road/Santa Clara.   She commented that their concerns are not reflected in the plan.  She asked the Board to incorporate their concerns.

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

Sorenson thought the idea of incorporating their ideas as an attachment of the stormwater basin plan made sense.  He added that it is primarily a city decision.  He thought they could find out if it is solely for the city or if not.

Handy thanked the people of River Road and Santa Clara to come and speak.  He recalled that he has worked on these issues for many years.  He thought the way to make peace with the city of Eugene and the residents is establishing a special area zone.  He announced that the Board will be talking about April being autism awareness month.  He announced that SASS  is presenting the Vagina Monologues at the Very Little Theatre.

Dwyer stated that it is important to recharge the aquifer.  He said the water belongs to people but most people have to buy their water.  He indicated the term that concerns him is developed and committed.

4.  EMERGENCY BUSINESS

None.

5.  CONSENT CALENDAR

A.  Approval of Minutes

B.  Assessment and Taxation

1)  ORDER No. 10-3-31-1/Refund to C&K Market Inc. in the Amount of $25,248.20.

2)  ORDER No. 10-3-31 -2/Refund to PeaceHealth in the Amount of $205,671.84.

C.  County Administration                

1)  ORDER No. 10-3-31 -3/Supporting Events to Promote Human Rights, Equity, and Diversity in Lane County.

D.  Children and Families

1)  ORDER No. 10-3-31-4/Approving Submission of Lane Countyís 2010 Comprehensive Planning Update to the Oregon Commission on Children and Families.

E.  Public Safety

1)  ORDER No. 10-3-31-5/Accepting an Award in the Amount of $406,214 from the Oregon Criminal Justice Commission, Delegating Authority to the County Administrator to Sign Grant Award Documents, and Appropriating $406,214 in Revenues  & Expenditures in Special Revenue Fund 260, Public Safety.

F.  Public Works

1)  ORDER No. 10-3-31-6/Awarding a Contract to Eugene Sand Construction Co., In the Amount of $144,653.00 for Un-Coated Oil Rock Materials, Various Stockpile Sites, Prospective Contract No. 09/10-11.

2)  ORDER No. 10-3-31-7/Awarding a Contract to Eugene Sand Construction Co., In the Amount of $27,900.00 for Pre-Coated Oil Rock Materials, Various Stockpile Sites, Prospective Contract No.09/10-10.

3)  ORDER No. 10-3-31-8/Recognizing and Designating Helfrich Landing as a Roadside Safety Rest Area Eligible for Expenditure of Road Funds.

4)  ORDER No. 10-3-31-9/Awarding the Richardson Park Caretaker Contract to Sharon Gooch and Authorizing the County Administrator to Sign the Contracts.

5)  ORDER No. 10-3-31-10/Developing the Process for Waste Diversion Opportunity Grants.

6)  ORDER No. 10-3-31-11 /Approving the Lane Council of Governments' Request for a Letter of Support for a Transportation and Growth Management Grant application to Develop a Regional Transportation Options Plan.

Fleenor said they are pulling 5 g, as it has not been prepared.  He said when it is ready they will bring it back to the Board for approval.

Richardson said there were two letters to DeFazio but staff has not received the electronic version.

Sorenson wanted another letter stating that diesel emissions are a big problem and congress should regulate diesel emissions across the board. He wanted a letter to try to have a pilot program for diesel emissions on construction vehicles, constructing federally funded transportation projects.  He thought they should push this amendment.  His letter was focused on this crucial moment in time while DeFazio is dealing with the legislation.

Dwyer said they could send a letter.  He thought it was a small part and a beginning.  He said the government already has the means to change the emission standards as it relates to diesel trucks.

Stewart thought after the discussion that they would send the letter and they would work on a second letter that would be a more encompassing letter.  He contacted staff about potential impacts to engines and they assured him there havenít been mechanisms placed on machines.

Fleenor thought they should keep 5 g. on the Consent Calendar.

MOTION: to approve the remainder of the Consent Calendar.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 5-0.

Fleenor requested that this be pulled because there were no other bidders.  He asked why they just received one bid.  He asked if this should be sent out again.

Todd Winter, Parks, reported that the Richardson Park RFP is one of their larger contracts for a concessionaire.  He said it requires operation of a large campground and marina.  He recalled in the past they have had three sets of hosts, where the Parks Division has hired and maintained a bathroom cleaning crew.  He reported that this year with the RFP it has resulted  in 65 active contracts they need to manage.  He indicated that this year they are requiring the concessionaire to hire their own employees and bathroom cleaners and to take over the operation.  He said they posted the public contract.  He said they have required the contractor  take care of the employee costs.

MOTION:  to approve ORDER No. 10-3-31-9.

Dwyer MOVED, Handy SECONDED.

VOTE: 5-0.

6.  COMMISSIONERSí BUSINESS

a.  ORDER No.10-3-31-12/Proclaiming the Month of March as National Developmental Disabilities Awareness Month in Lane County .

Fleenor read the resolution into the record.

MOTION: to approve ORDER 10-3-31-12.

Dwyer MOVED, Stewart SECONDED

b.  ORDER No. 10-3-31 -13/Appointing Three Additional Members to the Public Safety Coordinating Council (PSCC).

Sascha Cosio, County Administration , recalled that earlier in the year she came before the Board because there is a resident at large position open to the PSCC.  She indicated that Vicki Douglas and Bruce Jarvis were appointed at a previous meeting. She said there are three more:  Tom English, Steven Davis and David Winett and it was decided that those appointees would run concurrent with their commissionerís terms.

Stewart said the PSCC took the request of the board and adjusted the bylaws to create the new positions for the five appointees for the individual commissioners.  He and Cosio reviewed this and he thought this was the direction of the Board.

MOTION: to approve ORDER  10-3-31-13.

Sorenson MOVED, Dwyer SECONDED.

VOTE: 5-0.

c.  Contingency Fund Request

Spartz explained that he distributed a summary of the balance in the contingency fund.  He said the balance is $62,706.  He said the Board wasnít in any jeopardy of depleting it.

Stewart recalled with Jean Tate (as to the costs for renting the Events Center ) that Tate said she had paid $298.75 to the Lane Events Center for the room and rental fees for the chairs.  He added that the meeting in Florence went well and there were no room charges. He proposed $298.75 to come out of the community outreach fund.

MOTION:  to ask for $1,500 for the Human Rights Summit as part of Lane County ís contribution from the general contingency fund and $298.75 for the CAPS meeting at the fairgrounds for $1,298.75 from the balance in the contingency fund.

Handy MOVED, Dwyer SECONDED.

Dwyer asked where they were for the Food for Lane County greenhouse.  He said they need to send them that money.  He said that needs to be continued.  He also wanted the motion to contain the $1,000 to fund the greenhouse.

Handy asked if they need to find out additional information on whether the Food for Land County greenhouse was funded.

Moody said they can find out the information and she will have an order prepared.

Fleenor asked staff to bring back the board order and that would be the better way to go.

Handy withdrew his motion and Dwyer withdrew his second.

7.  COUNTY ADMINISTRATION

a.  Announcements

None.

b.  ORDER No. 10-3-31-14/Designating Lane County as a Recovery Zone, for the Purpose of the Issuance of Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds.

Mike McKenzie Bahr, Economic Development, explained that this is a board order that would designate Lane County as a recovery zone.  He said ARRA included provisions for counties to have new bonding authority.  He indicated for Lane County they were given a recovery zone economic development bond in the amount  of $8,986,000 recovery zone facility bonds in the amount of $13,480,000.  He noted  at this point in time, the County must issue the bonds before January 1, 2011 and in order to do that, the Board of Commissioners must have made a recovery zone so the bonds can be used.  He explained a recovery zone is defined as any area designated by the issuer, have significant poverty, unemployment, rate of home foreclosures or general distress and he said the entire Lane County qualified under these definitions.  He said the recommendation is that the entire geographical territory of Lane County be designated as the recovery zone.  He added that the state of Oregon , Oregon Business Development Department adopted temporary rules in which counties must provide the department with project information and supporting documents by April 16, 2010.  He said they want a resolution by the governing body, where the area as been designated a recovery zone;  a certified copy of the resolution of the governing zone and the Board stating its intent to use its original allocation;  a bond council statement of intent and general project information.  He indicated that by April 16 they will not have general project or bond council information.  He said part of what they are requesting from the state is a request to extend the April 16 date.  He noted that Lane County will be the first or one of the first counties to declare a recovery zone.

MOTION: to approve ORDER 10-3-31-14.

Dwyer MOVED, Stewart SECONDED. 

VOTE: 5-0.

8.  COUNTY COUNSEL

a.  Announcements

None.

9.  MANAGEMENT SERVICES

a.  ORDER No. 10-3-31-15/Providing Staff with Direction on Whether to Pursue a Donation of Tax Foreclosed Property to the U.S. Forest Service (Map  16-09-25-00-00103, Across from 92349 Deadwood Creek Rd., Deadwood).

Jeff Turk, Management Services, indicated that he needs direction on whether to keep pursuing a transfer of County owned land through tax foreclosure to the Forest Service.  He indicated that they are at a point where more staff time is needed by the Forest Service to complete this.

Dwyer asked if Turkís expenses were being recovered.

Turk responded that his expenses are not being recovered, the County is putting out the money.  He indicated that the Forest Service will do the survey and a title report.  He thought the appropriate owner is the Forest Service.  He talked with Public Works and they donít have an interest to retain the property.  He added the area is not slated to be harvested.  He said their earlier studies show it is susceptible to landslides.

Sorenson didnít want to turn this over to the Forest Service.  He wanted the Parks Advisory Committee to discuss it.  He thought the community could come up with something too.

Dwyer didnít think there was value to have it as a park.  He said the timber is old.  He doesnít think they are losing money with market value.  He indicated that Parks already tried selling it.  He thought by converting this that it wouldnít offset the energy to take to do conservation.  He didnít want to put this off.

Fleenor commented that they have a piece of property that is less than 5,000 square feet with bad soils.

MOTION: to approve ORDER 10-3-31-15.

Dwyer MOVED, Stewart SECONDED.

VOTE: 5-0.

10.  PUBLIC WORKS

a.  ORDER No. 10-3-31-16/Financing the Public Works Customer Service Center .

Marsha Miller, Public Works, provided a status report on the Public Works Customer Service Center.  (Copy in file).  She recalled the Board gave direction to pursue development of a customer service center, located at the Delta Complex and a goal was to provide the most effective delivery of services to consolidate several points at Public Works where they would provide public service to their customers.  She added an additional goal was to build a LEED silver building.

Dwyer indicated that this went through Finance and Audit.

Fleenor asked whey they needed a silver LEED certification.  He asked how much they would save if they didnít go that route.  He asked if there bonds were available for public service.

Tanya Heaton, Public Works, said a cost analysis was done on remodeling versus  going for new.  She said when the costs came back, they narrowed it down to a remodel.  She noted that less than 40 percent of the services are eligible for road fund funding.  She said they need direction on the financing.  She noted they have an estimate between $4.5 million and $5.5 million.  Her estimate is $1.9 million for the road fund and $2.8 million for Land Management.  She asked if the  Board wanted to look at alternative financing..  She said they could be directed to build it with road fund resources but they are not sure the project will meet legal requirements. . She said the option they are recommending is that they go forward with the project and they seek other financing.  She thought it could be the recovery bonds and research different financing options. 

Stewartís concern was that 50 percent will be Land Management.  He said they are trying to be sensitive to operating costs that in turn affect permit costs.  He wanted to know how they are going to pay for this.  He was in favor of Option 2, to get more information.  He wanted to make sure they are not making a decision that will adversely affect the permitting process. He wanted to see the three options they looked at so he could look at them too.  He wanted to see if there is enough information to see how customer service will be laid out and how it would be more beneficial than what they currently have.  He does want to see this happen.  He thought the local  area was a better location where the citizens donít have to pay for parking and they can get better customer service.

Handy asked for a traffic impact analysis and if it triggers the city of Eugene requirement.  He said he liked the preliminary direction.  He asked what the overall Lane County footprint is going to look like in five years and if they have SRS that will be diminishing and they will be looking at a massive change on how Lane County government might look.   He asked what the future of the PSB would be with its age and if they are sending things out to Public Works.  He asked how it fits with the overall plan with the County and the restructuring of the government.

Heaton indicated that she will keep that in mind.  She noted that the majority of the work falls under David Suchart, Management Services.

Fleenor said that he didnít see Land Management disappearing.  He noted it is off the general funding, carrying its own weight.  He said he has been told by people who use Land Management that it is not about money, it is about performance and people would be willing to pay double to get permits faster.  He thought if Land Management leaves the public service building, the empty space could be rented out and that would offset the cost to Land Management for the new building. 

Handy wanted the options brought back for solar on the building to help the needs of the building, but to get revenue from energy to sell back to the grid for the building and parking areas.  He wanted this incorporated with solar power and to be brought back.

Dwyer wanted to see how much they could save by using the ARRA funding stream.  He wanted them to look at all types of programs to utilize other energy savings bonds.  He wants to see what is available.  He thought they might be able to utilize tax credits.

MOTION: to approve Option 2 of  10-3-31-16.

Dwyer MOVED, Handy SECONDED.

Stewart commented that the Board is supportive of the center conceptually today.  He said they need to get the facts to get the next decision and these funds help them to get that.

VOTE:  5-0

b.  ORDER No. 10-3-31-17/Authorizing a Capital Interfund Loan in an Amount not to Exceed $2,000,000 from the Solid Waste Fund to the Road Grants Subfund of the Road Fund and Authorizing the Reimbursement of Expenditures with Reimbursement Obligation Proceeds.

MOTION: to approve Option 1 in ORDER 10-3-31-17.

Dwyer MOVED, Handy SECONDED.

Mike Barnhart, Finance, said he has written this with assumption the prior topic  would be a positive.  He said if they want to work on the CSB, Public Works would need additional financing before they issued long term debt.  He said one option is to approve an interfund loan:  to approve a loan from the solidwaste fund to the road fund to start the process of hiring contractors.  He noted the second alternative is to seek short term financing.  He added that they could also table this for the future.

Heaton indicated that this project is budgeted currently using road fund dollars.  She asked the Board to authorize other financing and to authorize an  interfund loan.  She added that the loan will not be mingled with road fund dollars.

Stewart thought the recommendation of not to use road funds is appropriate.  He said they need to have a separate fund.  He heard to fund the project might not be legally advisable.

MOTION: to approve Option 2 of ORDER 10-3-31-17.

Dwyer MOVED, Handy SECONDED.

VOTE: 5-0

There being no further business,  Commissioner Fleenor recessed the meeting at 11:45 a.m. 

Melissa Zimmer
Recording Secretary