October 5, 2010

1:30 p.m.

Harris Hall Main Floor

APPROVED 12-1-2010


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




a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/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) (Second Reading 10/26/10, 6:30 p.m.). (Estimated 5 minutes)


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 8-10 on October 26, 2010 at 6:30 p.m.


Sorenson MOVED, Handy SECONDED.


Stewart said this is in his district and his phone calls and e-mails have been nonstop.  He said there is going to be a lot of public input and concerns about takings.  He asked if they are prepared to move forward with this type of outcry.


Keir Miller, Land Management, indicted that they are starting to get more calls.  He said on Friday notice was mailed out to 9,000 residents affected by the flood plain regulations and an equal number of people were noticed individually on the proposed drinking water overlay ordinance.  He said they have several staff informed and able to answer calls. 


VOTE: 4-0.


b. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/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 Map; 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) (Second Reading 10/26/10, 6:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance No. PA 1276 on October 26, 2010, at 6:30 p.m.


Handy MOVED, Sorenson SECONDED.


Miller said part of the motion for each individual ordinance needs to state “incorporated by reference are the changes in the supplemental memo from this morning.”


VOTE: 3-1 (Stewart dissenting).


c. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/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 No. PP 10-5659) (Second Reading and Public Hearing October 26, 2010, 6:30 p.m.).


MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for Ordinance 9-10 on October 26, 2010 at 6:30 p.m., incorporated by reference into this reading are revisions to the originally proposed ordinances outlined in Attachments 1 and 2 to the supplemental memorandum to the Board dated October 4, 2010.


Sorenson MOVED, Handy SECONDED.


VOTE: 3-1 (Stewart dissenting).




a. Announcements


Spartz announced that December 15 will be  his last day as County Administrator.  He accepted a position in St. Paul, Minnesota.  He thanked everyone in Lane County for working with him.


Handy asked for an update with the Saturday Market request.


Spartz this said coming Saturday the area up the steps from the Free Speech Plaza will have barricades put up with signs stating the area is closed due to vandalism.  He hoped it improves the ambience of Saturday Market.


b. DISCUSSION/Wayne Morse Brick Sales.


David Suchart, Management Services, recalled the Board received a letter on September 3 from Allison Voss who is the President of the Wayne Morse Historical Park Corporation.  He said the letter is requesting the Board’s permission to sell bricks.  He added that the money would be used to pay for the brick installation and to go into the scholarship fund.  He recommended moving forward with this.


Spartz thought it furthers a good purpose in the community.


Sorenson asked if the County costs be will be offset.


Suchart responded that under this proposal there shouldn’t be any County costs except for his time.  He said if he is the one that has to put the bricks in, then they will reimburse him.


Sorenson thought over time they should make it possible for the public to purchase bricks.


Suchart said they could put something on the County’s website.


Sorenson disclosed that he is on the advisory committee of the Wayne Morse Historical Park Corporation.


Handy was supportive and wants to make sure they are doing the due diligence that they do understand what the costs will be and there is a sliding scale for people.


Richardson recommended they direct Suchart to communicate with the group to find out if the group intends to have this as an ongoing project and if they had a time frame and what the cost of the bricks would be.  She also wanted to know whether Suchart would be reimbursed or if someone else would put in the bricks.  She thought they could come back with a report the end of October.


Fleenor wanted to direct Suchart to work with County Counsel to bring back the board order that establishes those parameters.  He noted an area he is concerned about is the liability if they do the work themselves.


Suchart said he would work with County Counsel on a board order.


Fleenor asked to bring this back on the Consent Calendar for October 26.




Spartz explained that due to lack of funding the Extension Service had to reduce its scope of services and they concluded that they were no longer interested in leasing the building from the County.  He noted that David Suchart made an examination of the building and concluded that it was so worn out that to properly refurbish the building would cost $1.4 million.  Suchart thought that replacing the building would be $1.6 million.  He said at that time they had no one interested in paying them rent.  He and Suchart concluded that the best thing to do would be to demolish the building and the land would be available for use for the Events Center and the Fairgrounds.  He recalled since that discussion several people in the community have expressed interest in maintaining the building to find another use.


Richardson commented that as long as the building is standing the County will always have liability for the building.  She stated that was a concern.  She said they have to be aware that they are the owners and they maintain the risk.


Fleenor indicated the Board received a proposal from St. Vincent de Paul indicating it would cost them about $338,000 to rehabilitate the facility to where it would be able to be occupied.


Suchart said the only standard he used is a building lasting the County from 25 to 50 years.  He was looking at things to make the building as safe and maintenance free as possible.  He said he would base the cost on the direction he receives.  He stated the electrical and HVAC system are dubious at this time.  He needs direction on what needs to be done and he will come back with the real costs.  His past direction was that the County was in dire straits with its economic position.  He looked at the cost of refurbishing the building and the liability and he thought the smartest thing they could do right now is decrease the footprint and at the same time to allow the Lane Events Center to have a piece of property that could be used better.  He had no problem with St. Vincent de Paul’s numbers.


Fleenor asked about the highest and best use of the property.


Sorenson asked if the building is leveled if that is a positive thing for the Events Center.


Suchart said parking is part of it, but during the Fair, Rick Reno, Events Center, would like to have more event space and he would like to move the amusement people from the northwest corner into that space and use that space for other events.


Handy appreciated St. Vincent de Paul examining this.  He was aware of the questions about costs to Lane County and liability issues.  He was encouraged by the opportunity for a public private partnership that could benefit the community.  He thought there should be an RFP process so there is an opportunity for everyone to apply.


Richardson indicated that would be her suggestion.  She said if the Board is interested in pursuing this, before they make a decision, she requested an RFI.  She thought they should ask the community how this building should be utilized and how the structural and construction concerns will be addressed.  She thought they could have Reno prepare what the financial benefit would be if the building was flat so he could use the land for other events besides the Fair.  She also thought they could do outreach to the United Way to make sure they didn’t miss a group that had a great idea.


Suchart recommends that they bring an RFI proposal back to the Board to review.  His concern about the large maintenance is that it is their responsibility.  He said he would work with Richardson taking into consideration the Board’s concern about hidden costs.  He said if the direction from the Board is to bring back an RFI, he has already partially secured the Extension Building and he will further protect the Extension Building as much as possible fairly quickly and bring this back by October 26.  He added that they can put it out to the public to find out the interest. 


Handy agreed.  He said they want to have a level playing field and fair process for all.  He thought they should have as many options in front of them as possible.


Fleenor was concerned about St. Vincent de Paul’s proposal.  He said they are looking at in incremental improvement process over a certain period of time that would be corresponding with their lease.  He said they will be maintaining a frail structure just to the level of occupancy and at the end of the lease the building will be in no better shape than it is today.  He added that during that period of time, the Lane Events Center has lost an opportunity.  He thought they would be working against the viability of the Events Center.  He thought the proposal to use this for St. Vincent de Paul was wonderful, but he wasn’t sure it was the right time or situation because of the struggling nature of the Events Center.


Stewart concurred with Fleenor.  He was concerned about a long term commitment with someone with a piece of property that might be needed to improve the Events Center.  He would be in agreement if there would be a user for the short term. He said they are going to have to set clear goals and direction for the Fairgrounds in the future so it can survive long term.  He was not opposed to an RFI to find out more information and ideas.  He said he is hoping the Facilities Committee will bring an update on all the building space availability for the County in the future.


Handy thought if they were incorporating the parking lot that there would be opportunities to incorporate solar into the project.  He wanted that part of Reno’s analysis and opportunities.  He added they also have stormwater issues.


Stewart indicated that he received an e-mail from Jim Gustina with the Historical Museum, wanting to have a conversation about the museum.  He said that is another structure on the property.  He asked if they could have time on a future agenda to talk about the museum because it might be another facility for opportunities.


Handy thought they should gather all the pieces in one work session with Reno’s proposals and ideas and with the historical building.


Suchart said he will be bring back the draft RFI and further discussion of the footprint of the Fairgrounds.




Stewart indicated LCOG is recommending that the different bodies that are members of the organization contribute to helping fund the 211 system that United Way has been working on for multiple years.  He thought they should have someone from United Way talk to the Board.  He said it is a way of linking people in need to the service all by just dialing 211.


Fleenor announced that he is having his 189th Community Dialogue at the Elks Lodge.


11. EXECUTIVE SESSION as per ORS 192.660


Per ORS 192.660(2)(h) for the purpose of discussing litigation.






There being no further business, Commissioner Fleenor recessed the meeting at 2:50 p.m.


Melissa Zimmer

Recording Secretary