May 18, 2010

9:00 a.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 Andy Clark and Recording Secretary Melissa Zimmer were also present.




Fleenor added item 5 b. under Commissioners Business, Discussion Transportation for America support letter; 5 c. Discussion Field Burning Advisory.  For Wednesday May 19 adjustments on 6 e, item 1, appointing Michelle Piastro to the Sav It Committee and add 10 e under Public Hearing, Continued Public Hearing and Possible Action, ORDER 10-5-12-1/In the Matter of Adopting the Public Works Fiscal Year Capital Improvement Program for 2010/2011 to 2014/2015.




Dan Gilpern, Attorney, West Environmental Law Center, discussed a proposed letter from Lane County urging the DEQ and Department of Agriculture to redo the proposed rules they have made with respect to the administration of the field burning program.  He said the Legislature in 2009 banned the vast majority of field burning in the state of Oregon and provided exceptional burning under specific conditions outlined in the SB 528.  He said there can be burning in the south valley only under emergency situations where there is an extreme hardship being felt by a burner of insect infestation or a disease and that danger outweighs the danger to public health and safety.  He said the proposed rules are more lax.  He said it could lead to more burning than is warranted. He said it is wrong for the state agencies to soften what the legislature did in support of public health by enacting these two lax rules.  He urged the Board to take action today.


Holly Higgins, Harrisburg, said she is in an area that gets a lot of field burning smoke.  She went to the hearing on April 27.  She thought when the bill was passed that people  understood they were banning it because they were proving beyond a shadow of a doubt that field burning causes premature heart attack, stroke, asthma and is dangerous to cardio vascular patients.  She said to see the state agencies take the information and water it down was shocking.  She asked the Board to take a stand and not let the other agencies water this down. 


Ray Neff, Eugene, encouraged the Board to vote in favor of establishing a PACE program today that will encourage the employment of solar technology and energy efficiency improvements throughout Lane County.


Jim Gillette, Eugene, stated that his judicial case has nothing to do with the past fine.  He said it is new.  He doesnít want legal action, he said he was forced into it.  He said the compliance department doesnít follow its own procedures.  He was fined for a paintball tournament that was scheduled but never took place.  He didnít know there was going to be a tournament.  He lets people use his property free of charge.  He got fined for things he didnít do.  He wants to leave his land as a park.


Kathy Ging, Eugene, supported solar financing.  She commented that decentralizing renewable energy can bring jobs.




Dwyer was not surprised that the Department of Agriculture wants to amend the rules and do what they want to do.   He asked how to determine an extreme hardship.  He thought the best way to do this was to put a budget note in the Department of Agricultureís budget reflecting that they better not interfere with the bill or they will lose money.


Sorenson thought they should send a letter to the state.  He said they have to make it clear that they object to what the agencies are trying to do now. 


Handy wished all the candidates well.  He said they have the chance to put infrastructure in place to help people. He indicated they have a community health and safety function to make sure they have businesses and citizens that are healthy.








a. DISCUSSION/Food for Lane County Grass Roots Garden.


Mary Bradley, Director, Grass Roots Garden, gave a presentation on the Lane County Grass Roots Garden. (Copy  in file).  She thanked the Board for their ongoing generous support of Grass Roots Garden.  She presented the Board with a plaque for their continued support.


b. Transportation for America Resolution Support Letter


Handy stated the federal reauthorization bill for transportation is in the works.  He noted Goal 1 suggests they provide an integrated transportation and land use system that supports choices in transportation.


Chris Rall, Oregon Field Organizer for Transportation for America, requested a letter of support from the Board for some of their initiatives.  He said they are the largest most diverse coalition working around transportation reform.  He stated they have over 450 partners. 


VOTE: to move to send the letter.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


a. DISCUSSION/Field Burning


Handy stated that the  Board has been solid in the past around highlighting the community health and public safety aspects of this issue.  He said they are reordering their values in these changing times and it includes prioritizing public health wherever they can.


MOTION: to approve sending a letter they have before them on field burning.


Handy MOVED, Sorenson SECONDED.


VOTE:  5-0.




a. Announcements


Clark reminded citizens to get their ballots in today.




a. Announcements


Stewart Bolinger, Performance Auditor, said he put a report in the commissionersí boxes about activities.  He said tomorrow he will give a proposal on his replacement.  He said he researches and follows up with the appropriate department when he sees a control question, he doesnít bring those to the Board.  He talked about a risk with the copying machine storing information.




a. STATUS REPORT/Work Group for Lane Code/Manual/Comp Plan Revisions.


Matt Laird, Land Management, reported that yesterday they had the eighth meeting of the Land Use Task Force.  He said the topic was F1 to F2 zone changes.  He said they discussed the Rural Comp Plan, Goal 4 forestland policies.  He said at the next meeting they will continue to discuss F1 to F2 zone changes.  He doesnít have an outcome to report.  He said the citizen initiated amendments closed on April 30.  They received 11 submittals and he will bring them to the Board on June 8.  He asked if Land Management should provide those proposals to the task force before they have been reviewed and prioritized by the Board.  He said currently the task force is working on Goal One Coalition amendments in the forestland policies and some other policies deal with Goal 4 forestland policies.


Fleenor asked if there was overlap with what the task force is looking at versus the 11 submittals. 


Laird said their staff is still going through them and they havenít documented what is in the amendments.


Fleenor said if there is 75 percent overlap, to go ahead and put it through the task force.


Handy was comfortable with Fleenorís idea.


a. DISCUSSION AND POSSIBLE ACTION/ORDER 10-5-18-1/In the Matter of Amending the Public Works Customer Service Center Agreement with PIVOT Architecture for Phase 2 Architectural and Engineering Services in the Not-to-Exceed Amount of $219,816.


Tanya Heaton, Public Works, explained that this is the second phase of five phases in the architectural design for the Customer Service Center.  She recalled Phase 1 was done for the space needs including the square footage.  She indicated that now they are looking at the design on how it will look.  She said the phase is $219,816, bringing the total to $335,000 for Phase 1 and Phase 2 for architectural services.


MOTION: to approve ORDER 10-5-18-1.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


c. DISCUSSION AND POSSIBLE ACTION/ORDER 10-5-18-2/In the Matter of Approving an Intergovernmental Agreement with the City of Springfield for Cooperative Services regarding the National Pollutant Discharge Elimination System (NPDES) Phase II Permit held by Lane County and authorizing the County Administrator to execute the Agreement.


Dwyer asked what it would require of them to assume the duties themselves with costs.


Bill Morgan, Public Works, said they have not analyzed the time and cost to do this.  He said they have been relying on others.  He noted it is $25,000 per year.  He said they could come back to analyze what it would be for time and cost.  He indicated there would have to be code changes and staffing.  He said the dollar amount in the IGA compared to what he sees going through the budget for personnel costs to hire a FTE is more than $25,000.


MOTION: to approve ORDER 10-5-18-2.


Dwyer MOVED, Sorenson SECONDED.


Stewart  said they are being asked to compensate the city $50,000 for work  that has already been done and $25,000 for future work.   He asked what it would take for stormwater with the River Road and Santa Clara area. He said in looking at the termination portion, he had concerns about the length of time.  He asked if that should be part of the conversation.


Clark said the 30 day termination of the Board doesnít adopt code.  He added that there really isnít an IGA unless this Board adopts code provisions that will be heard tomorrow regarding discharge and erosion control.  He said if the Board chooses not to adopt those, there is nothing the city of Springfield could implement.


Sorenson didnít think they should take action on this until tomorrow after the hearing.


Clark said when the Board considers adopting the code language on this IGA, not only is there the cost of  the County implementing themselves, there are timeline issues with DEQ and the permitting obligations.  He commented that it will take time for the County to develop its own code language, if they opt not to implement Springfieldís.


Fleenor said he will support the adoption of this with the caveat that within the next few weeks they bring this back as a policy consideration with a work session to discuss their options.  He thinks this keeps this on track and he doesnít want to send any wrong messages to the city of Springfield.  He stated that they really donít know what their options are and by not adopting it today or tomorrow is a bad message until they understand the options.


Handy said he wonít support this today.  He acknowledged that the County could benefit by having a stormwater program and staffing.  He wanted to look at this more comprehensively.


Dwyer thought it was critical that they look at everything.  He said they need to have a public hearing and they need to revisit this.  He said they need to put together their own program on stormwater management.  He indicated in the interim they need to enter into this agreement before the long term.


Dwyer tabled his motion.  He will remove it after the public hearing.




a. Announcements




a. DISCUSSION AND POSSIBLE ACTION/ORDER 10-5-18-3/In the Matter of Approving the Design of a Solar Energy and Energy Efficiency Financing Program for Commercial Buildings and Residences in Lane County.


Mike McKenzie-Bahr, Economic Development, explained that this is to approve the design of a solar design and energy efficiency financing program for commercial buildings and residences in Lane County.  He said the County received the Community and Economic Development Energy Efficiency Block Grants to do a feasibility study around programs for energy efficiency and solar energy through Board direction.  He noted attached to the memo (copy in file) is one third of the solar report.  He added out of the report was a recommendation the County look at designing a Pace Program.  He explained that the traditional Pace Program is a property assessed clean energy program.  He added there are other models where they do not need property assessment.  He indicated they will have the bond people at the table looking at the design that it makes sense for this community.  He noted in the design phase they will be identifying and bring back other financing mechanisms in order to implement energy efficiency and solar energy projects for commercial and residential.  He stated that they donít want to limit themselves to one type of funding.  He noted both contracts they are implementing are phased contracts and as the phases move forward in the design.  


McKenzie Bahr indicated the request is to enter into two contracts:  one with renewable funding for the design of energy efficiency and solar energy program and the second one is to enter into a contract with Joe Berrney for program education and marketing services.


MOTION: to approve ORDER 10-5-18-3.




VOTE: 5-0.




a. RESOLUTION 10-5-18-4/In the Matter of Proclaiming May 2010 as Poverty Awareness Community Action Month in Lane County.


MOTION:  to approve RESOLUTION 10-5-18-4.


Handy MOVED, Sorenson SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Fleenor recessed the meeting at 12:05 p.m.


Melissa Zimmer

Recording Secretary