May 12, 2010

1:30 p.m.

Harris Hall Main Floor

APPROVED 4-27-2011


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




a. SECOND READING AND PUBLIC HEARING/Ordinance No. 1-10/Amending Chapter 9 of Lane Code to Modify the Title of LRAPA and Advisory Definitions Pertaining to Restrictions on use of Solid Fuel Space Heating Devices (LC 9.120-9.125) (Second Reading and Public Hearing: 5/12/2010, 1:30 p.m.).


Vorhes explained that this comes from LRAPA to update the standards in Lane Code applicable to solid fuel space heating devices within the urban growth areas of Eugene and Springfield.  He said some time ago EPA changed the standards.  He noted that Eugene and Springfield adopted their code changes and Lane County is now being asked to adapt to Lane Code 9.120 and 9.125.  He indicated they are now updating LRAPAís current name.  He indicated that this went to the Health Advisory Committee and they recommended Board adoption. 


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


MOTION: to adopt Ordinance No. 1-10.


Stewart MOVED, Handy SECONDED.


ROLL CALL VOTE:  4-1 (Dwyer dissenting).


b. PUBLIC HEARING AND ORDER 10-5-12-1/Adopting the Public Works Five-Year Capital Improvement Program for Fiscal Year 2010/2011- Fiscal Year 2014/2015.


Celia Barry, Public Works, explained that this is a Public Hearing for the annual update of the Public Works Five Year Capital Improvement Program for FY 11 through 15.  She added that they update this every year for the five year period.  She said this needs to be adopted 30 days before the Countyís budget is adopted. She  indicated the program calls for expenditures from the road fund for pavement, preservation, bridge rehabilitation, safety improvements, bicycle and pedestrian improvements and culvert replacement for fish passage.   She said it also allocates funds for local matches and to match external funds.  She indicated that this is part of the road fund budget.  She stated the CIP is mainly focused on preservation: $4.5 million for the first three years and $3 million per year for the last two years.  She reported for the five year period the total is $23 million, including the preservation work and upgrade to traffic signals in the metro area, the Coburg interchange improvements at I-5 at Coburg, a $1 million match for County road improvements for phase one of the project, the 30th Avenue overly that is preservation, the Hyacinth sidewalk improvements between Irving and  Irvington in North Eugene, the Irving Railroad crossing safety project and they obtained a grant for the Sweet Creek Road retaining wall project.  She noted that all of these projects will be matched with a 10.27 percent match.  She added there is work being done on the Goodpasture Covered Bridge and the Lane Covered Bridge.


Barry reported that a majority of the funding is from timber receipts and Secure Rural Schools funds.  She said they will be receiving those funds at a step down formula through 2012.  She added the other major funding source is state highway user and non-highway fees and the gas task.  She indicated they would be receiving $26 million from the Job and Transportation Act that was passed by the state legislature, for a five year period.


Barry stated that the Roads Advisory Committee unanimously approved the CIP document.  She said they received one public comment on Grove Street between  Howard and Maxwell.  She said the person requested that the bike lane be extended.  She indicated that staff said to do that improvement there would be a road reconstruction project and they didnít recommend adding that to the CIP.


Fleenor asked if they could make some adjustment and keep the money in reserves to use for preservation in the third, fourth or fifth years out, versus capital improvements.


Barry indicated that they are not recommending any capital improvement projects beyond 2012 because of the knowledge they might not have any Secure Rural Schools funding.  She indicated that they will update the CIP every year and they can make adjustments for the current information they have at that time.


Marsha Miller, Public Works, explained that for the CIP for this past year, only preservation projects are moving forward.  She noted that the Sweet Creek retaining wall is a road failure, it is not something they could ignore.  She indicated that a lot of investment goes into the projects, but the only things they are projecting with what they know today are preservation projects.  She said Management Team in Public Works will be working this summer to put together  some worst case scenarios in terms of the road fund.  She said they have stability this year and next year and beyond is unknown.


Handy asked if the Coburg project was a standalone project and what their obligations are.


Barry said the Coburg project is a $1 million earmark that has been in the CIP for years.  She added that they received the funding through Congressman DeFazio and it is the match portion.  She indicated that it will be used  Phase 1.


Handy was comfortable with this phase of the project.  He wanted to make sure they can get completion of this phase, but he wants to make sure they donít have issues with other phases.


Vorhes noted what is described in the CIP is the Phase 1 project with the allocation of funding. He added that they can look at other issues to decide whether they should or shouldnít go forward  with the Phase 2 work they have concerns over.  He said unless and until this Board takes further action in the form of a CIP, no further County money will be spent on improvements that involve the project.  He indicated that it will have to come back to the Board for action in a future CIP planning process to get to the expenditure of funds phase that Phase 1 is at right now.


Dwyer  approved putting in the money for the match because he wanted to fix the problem.  He didnít want to build a big bridge with limited access and take the responsibility from the landowners of changing their entry.  He commented that the County is not getting its fair share and the project has turned into something different.  He indicated that he would not support this.


Sorenson asked if they will lose the federal money if they donít approve the $1 million.


Dwyer indicated that they have to do Phase 1 or they lose the $1 million match and $9 million from the feds.


Stewart said there was federal money put up for this project and the $1 million was the match.  He said if this project doesnít get approved, they lose the $9 million.  He stated this is a valid need for the project to move forward.


Handy wanted to integrate the land use and transportation.  He said they still have more work to do with Coburg.  He wanted to pull this from the CIP now, do the work and bring it back when it is ready.  He said he hasnít recognized the right solution yet.


Barry said they are not committing to any part of Phase 2 by adopting Phase 1.  She stated there is no relationship to adopting the CIP to the additional improvements that would occur at Phase 2 that are not yet funded that would require additional federal money. She indicated that for Phase 2 to move forward, it would have to be prioritized above other state facility projects that are already in the pipeline and a high priority.  She stated they are not committing to any of that work by adopting the CIP.  She added that the only thing ODOT is purchasing with regard to property is access rights.


Fleenor asked Vorhes for his recommendation about pulling the Coburg exchange CIP out of this order and putting it into something else so they donít lose the match money.


Vorhes said there isnít another hold document the County has.  He doesnít know what will happen with the federal government earmark.   He said if this is not in the project list, they would not approve it as part of their indication to BOLI and  they wouldnít have adopted it in advance of the budget so there wouldnít be expenditure of the funds.


Spartz asked if they could amend the CIP at a later date or if it was a done deal once the Board approves this.


Vorhes said they could always amend the CIP at a later date.  He didnít know what the result would be as to the earmark funding.  He thought  that there was a risk the earmark money and ODOT money would go away.


Spartz recommended dividing the order with Coburg I-5 being pulled and moving forward with the rest and over the next couple of months they could deal with the Coburg project.


Stewart recommended having the public hearing.  He thought they should schedule another public hearing to get more input.  He said the reason the people form Coburg and ODOT are not present was because they had this conversation in the past and they thought it was already done and approved.  He didnít think they thought it would have resurrected itself.  He will contact Congressman DeFazioís office. Stewart said that DeFazio went to bat for the County and he got the project and then the Board wants to turn the money back. He said it takes an incredible amount of time to get a $9 million funding package for a project.  He wants to make sure they are not doing major damage to their credibility in receiving money for projects.  He thought they should seek information before they make a final decision.


Handy said instead of approving this as part of the CIP today, he would be more comfortable with pulling this, and doing more work on it.  He said they need to have a comprehensive discussion and it wonít happen if they approve this as part of the CIP today.


Dwyer stated that his responsibility is larger than Coburg and he wonít lend support to that concept.


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


Handy wanted to keep the  money in the region.  He asked if this was the priority.  He indicated that they need to have some conversations and more exploration around how they can accomplish mutual goals.  He thought they should get stakeholders together and brainstorm this before it goes to a public hearing.


Fleenor asked if they were to strike the I-5 Coburg Interchange from the board order today and have a motion to come back and modify this, if it would satisfy the legal intent of moving the order forward.


Vorhes said if the I-5 project is not in the CIP order or BOLI order, it doesnít go forward until  the Board adopts an amendment to the CIP to add it in.  He said in order to do the BOLI order, it has to be adopted before they adopt the budget.  He doesnít know legally what will happen with the earmark or what happens politically.


Stewart stated that this doesnít include any work to be done on the east side of I-5.  He said all of the owners will still be able to access with their current access points.  He said the project started before he became a commissioner but over the last five years it has been hard to get all the landowners to a yes.  He said the Board is making his job difficult in representing his citizens.


Handy wanted this brought back next week.  He said they are trying to juggle different things.  He hoped they could get to a yes.


Barry didnít understand what she is supposed to be working on this week.  She indicated that she will be on vacation and she needs more specifics.


Miller heard about the concern that it might commit them to more than just Phase 1.  She said she heard the concern about what happens if they pull the project out of the CIP and the impact on the earmark.  She indicated she will work with ODOT staff and legal staff and bring the information back.


Dwyer asked if they could do a scaled down development with the money.


Miller didnít believe between now and next week they will be able to bring back proposals for a scaled down project.  She thought they could answer some of the questions raised today.  She said this project was previously approved and was a rollover in the CIP. 


MOTION: to  have a Second Public Hearing and possible action for ORDER 10-5-12-1  on May 19.


Stewart MOVED Sorenson SECONDED.


Stewart  noted on page 46, item 2 discusses Phase 1 and the work.  He added that it states that Lane County is not likely to participate in Phase 2.  He said it is not committing them to anything further. 


Handy wanted to hear about options for the earmark and whether there are hybrid potentials within the phases.


VOTE: 4-1 (Dwyer dissenting).


c. FOURTH READING, PUBLIC HEARING, AND POSSIBLE ACTION/Ordinance No. PA 1270/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 10-5054; Applicant: City of Junction City). (NBA & PM 3/17/2010, 3/30/2010 & 4/28/10)


Stephanie Schulz, Land Management, recalled at the conclusion of testimony and deliberations on April 28, 2010, the Board directed staff to include the property at Map number 160420, tax lot 300 to the list of exception area properties identified for sewer connection under this ordinance and to bring back the revised ordinance for a Fourth Reading and Public Hearing today.  She said they added the property to the chart and to the map attached to the ordinance and revised the finding of fact to include the property.  She brought the ordinance back for the Boardís consideration today.


Vorhes confirmed that what the Board had in the packets was revised Exhibits A-11, the  map that reflects adding tax lot 300.  He added Exhibit A-12 reflects the property as number 33 and is included in the list of exception area properties identified for a possible sewer connection.  He added the revised findings reflect the motion and description of the reasons for the exception in the Boardís action taken at the last reading two weeks ago.  He said the Board can act today.


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


MOTION: to adopt Ordinance No. PA 1270.








Dwyer reported that he got calls that his picture was in an advertisement Sid Leiken was sending.  Dwyer stated that he is a public person and if  The Register Guard takes a photograph with him cutting a ribbon with the Mayor and prints it in their newspaper, it is in the public domain.  He said that Sid Leiken is not his candidate and he is not supporting him.  He was looking for gender balance on the Board and he supported Pat Riggs-Henson


Stewart was also pictured on a flyer and he made it clear to all the candidates that he would not endorse anyone. He was not asked and does not know what was produced.  He didnít know the picture where he was holding a cake would be used in that manner.  He was disappointed.  He stated that he works hard with their employees to gain their respect and their trust and this has damaged that. He had nothing to do with this and he wasnít asked.


3. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660 (i) for personnel matters.






There being no further business, Commissioner Fleenor recessed the meeting into Executive Session at 3:10 p.m.


Melissa Zimmer

Recording Secretary