October 26, 2010
6:30 p.m.
Harris Hall Main Floor
APPROVED 12-1-2010


Commissioner Rob Handy presided with Commissioners Bill Dwyer, Pete Sorenson and Faye Stewart present, and Commissioner Fleenor watching via webcast. County Administrator Jeff Spartz, County Counsel Stephen Vorhes, Minutes Recorder Linda Henry were also present.


Planning Commissioner Robert Noble presided with Planning Commissioners, Lisa Arkin, George Goldstein, Nancy Nichols, Dennis Sandow, Jozef Siekiel-Zdzienicki, Ryan Sisson and John Sullivan present.  Land Management Division Staff Kent Howe, Matt Laird, Keir Miller were also present.




1. Ordinance 8-10—In the Matter of Amending Chapters 10 and 16 of Lane Code to Modify Existing Floodplain Regulations in Order to Correct Deficiencies; Achieve Conformity with Oregon Building Codes and to Incorporate Certain Best Management Practices and Higher Regulatory Standards (LC10.271 and LC16.244) (Department File No. PA 10-5658)


2. Ordinance No. PA 1276—In the Matter of Amending the Lane County Rural Comprehensive Plan (RCP) by Revising Goal-2, Policy 25, To Establish Provisions for a Drinking Water Protection Overlay Zone;  By Adopting an Official Drinking Water Protection Overlay Zone; By Applying the Overlay Zone to Properties Within Identified Groundwater and Surface Water Protection Areas and Adopting Savings and Severability Clauses.  (Department File No. PA 10-5659)


3. Ordinance 9-10—In the Matter of Amending Chapter 16 of Lane Code to Codify Drinking Water Protection Overlay Zone Regulations.  (LC16.298) (Department File PA 10-5659)

The commissioners discussed the crowded conditions and public address system failure in Harris Hall.


MOTION:  the Lane County Planning Commission recommended to the BCC that Ordinance 8-10, including LC 10.271 and LC 16.244, referred to as the flood plain amendment; Ordinance PA 1276; and, Ordinance 9-10 to amend the Rural Comprehensive Plan (RCP) to establish a drinking water overlay be postponed to a date certain.


Sullivan  MOVED, Arkin SECONDED.


Mr. Sullivan said by using a date and place certain, Lane County would not have to renotice Lane County residents for a second meeting, and moving the meeting location would alleviate the crowded conditions in the hall. He said the Planning Commission became aware of the process in June 2009.  In August 2010, the Planning Commission began to realize the magnitude of the issue.  Although the BCC had been notified about the process, Mr. Sullivan opined the BCC did not understood the magnitude of the issue.  The Planning Commission had recognized this was developing into a property rights issue.  He was inclined to adopt a date certain in June 2011 to allow the commissioners to start the process over. 


Mr. Goldstein said there were many issues to be resolved and he would welcome additional time to further study the issues and receive input from the public. 


Mr. Sisson said it was an honor sit before the public and listen to their concerns.  He supported delaying the process but not delaying the public participation.  He supported setting a date certain for a future meeting.


Mr. Siekiel-Zdzienicki wanted to see the public hearing start on November 9, 2010 rather than delay the process for seven months. There was considerable momentum and people had too much  say. 


Ms. Arkin supported delaying the proceedings so that the public could be as informed as the Planning Commission was trying to become informed.  Staff and the Technical Advisory Committee (TAC) had done an excellent job helping the commissioners understand the issues. 


Mr. Sisson agreed with Mr. Siekiel-Zdzienicki’s suggestion that the public hearing be continued on November 9, 2010 to get the public comments into the process as soon as possible.


Mr. Noble agreed the public hearing should be postponed until November 9, 2010, in a larger facility.  He asked the members of the public to be patient and allow staff to provide information and allow Board members to establish a different process. 


Mr. Spartz announced that the Springfield High School auditorium had been secured for a public hearing on November 9, 2010 at 6:30 p.m.


VOTE: 8-0.


MOTION:  the Lane County Planning Commission recommend to the Board of County Commissioners that the public hearing be left open and moved to date certain of November 9, 2010 at 6:30 p.m. at the Springfield High School auditorium. 


Sullivan  MOVED, Arkin SECONDED.


Mr. Sullivan would prefer to push the meeting to 2011, but he was willing to reschedule the meeting on November 9, 2010, based upon the commissioners’ comments.  If after that meeting, he was not convinced sufficient time had been allowed for the public and the commissioners to thoroughly research and discuss the issues, he would recommend moving further into 2011.  


VOTE: 8-0.


Mr. Handy called for the staff report.


Mr. Dwyer said it did not make sense to discuss the issue this evening when so many people could not hear the proceedings.  He apologized to members of the public for the inconvenience of having to attend two meetings.


MOTION:  the Board of County Commissioners accept the Planning Commission’s recommendation to reschedule the joint public hearing for November 9, 2010, at the Springfield High School Auditorium at 6:30 p.m.


Dwyer MOVED, Stewart SECONDED.


VOTE: 4-0.


Mr. Handy said people who had signed up to offer public comment this evening would be given the opportunity to speak first at the November 9, 2010 public hearing. 


In response to Mr. Handy, Mr. Vorhes acknowledged there were no other tasks that needed to be completed to move the meeting to November 9, 2010.


The meeting recessed at 7:00 p.m.


Linda Henry
Minutes Recorder