BOARD OF COMMISSIONERS'
REGULAR MEETING
January 30, 2002
following HACSA
Commissioners’ Conference Room
APPROVED 5/29/02
Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr.,
Anna Morrison and Peter Sorenson present.
Cindy Weeldreyer was present via telephone. County Administrator Bill Van Vactor, Assistant County Counsel
Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE
AGENDA
None.
2. PUBLIC COMMENTS
Mona Lindstromberg, 87140 Territorial Road, Veneta, took issue with the observation that
the task force did its job regarding the placement of cell phone towers. She said there was no provision for active
participation by citizens, but a tower representative was allowed to address
the task force. She said important work
was accomplished by the members, but not nearly to the extent possible. She was supportive of the Planning
Commission’s work on the siting of towers.
She thought the task force’s recommendations were to go to the Planning
Commission. She attended the Planning
Commission’s work session last week and was pleased with the proposed
draft. She requested a moratorium on
cell phone towers until an ordinance is in place.
Jim Spickerman,
975 Oak St., representing Rexius Forest Products, stated he previously
submitted a letter to the Board with his concerns. He was concerned that when LUCU becomes adopted, the I-4 District
becomes an I-2 District and at that time the I-2 District allows manufacturing
uses including manufacturing concrete products, lumber, wood, machinery, metal
and stone products. He said Rexius was
asking for a permitted use in the I-2 District as a matter of fairness.
Morrison asked what happens if and when the I-4 District takes place.
Spickerman responded the I-4 District becomes the City of Eugene
I-2. He said the I-4 District was a
transitional district that didn’t list a lot of uses. He said if and when LUCU goes into effect, the I-4 District
becomes the I-2 District and then the City of Eugene look at the uses allowed
in the district. He said it should be a
permitted use district but it isn’t,
and the uses were only allowed in the I-3 District.
Dwyer said they need to have that as a permitted use in the I-2
District so when the conversion takes place, they are not locked out. He concurred with Spickerman.
Spickerman that noted the I-4 District is a special heavy industrial
district. He said it was part of a
contractual agreement and it was a transitional zone. They qualified because their uses weren’t listed.
Dwyer said they have to impress to the city that this needed to be
fixed.
Sorenson asked if this request would affect other property owners.
Spickerman said that Lane Forest By-Products already had a site but it
didn’t affect anyone else. He added
this was also subject to a DEQ permit.
Tim Quade,
83246 Lorane Highway, represented the Lane County Sheriff’s Posse. He stated that horsemen were excluded from
the arena at the Fairgrounds. He said
they put together a package at Mt. Pisgah.
He noted to date they had raised approximately $21,000 to get it built.
He said they wanted to add four high school equestrian teams at the venue along
with high school rodeos and 4H clubs.
He said if they are successful in doing that then they would have a
problem with restroom facilities. He
wanted help from the Board in adopting the 94 Mt. Pisgah Master Plan and help
with building the restroom.
Green asked how they planned on managing the waste from the animals.
Quade responded by compost bins.
He noted there is a group that has a natural plant nursery and they
could use 100% of what was generated.
He added they could also help the arboretum with water service and
power.
Morrison asked where the ongoing money would come from for this program.
Quade noted it is generated from fees they have. He said they have a two-tier schedule with
activities during the day and from 6:00 p.m. to 10:00 the users of the arena
are billed. He said they put together a
communal pot with the Parks Department to generate dollars from those
activities that should support this. He
said they have a $20,000 per year budget to maintain the facility once it is
running.
Green suggested that this matter go through the budget process.
3. EXECUTIVE SESSION as per
ORS 192.660
None.
4. COMMISSIONERS'
BUSINESS
a. REPORT/CVALCO
Semi-Annual Report: July - December 2001.
Kari Westlund, CVALCO, stated she forwarded a room tax
summary to the Board by e-mail and continues to do that on a monthly
basis. She noted through November,
collections for the fiscal year from July 1 are off less than 1%. She added for Lane County’s accounting
purposes, they were up almost 3% because May and June are on the books for this
fiscal year.
Westlund noted that nationally, 257,00 jobs had been
lost in the hotel industry over the last few months but the industry growth in
employment is projected to be up slightly for calendar year 2001. She added things would be improving in 2002. She said locally they are hearing cautious
optimism about the future. She said
that December was off 27% for the airport compared to December of last year,
bringing the first six-month total to about a 12% decease overall. She commented they see a direct correlation
between air service and passenger counts.
She explained they had been able to book more regional and national
business over the last few years because air service had increased but there
are concerns with the decreases in air service.
Westlund stated their convention sales bookings were
ahead of last year by 13,500 room nights and as they began to survey the
business at the fairgrounds, about 4,500 room nights were related to business
at the fairgrounds that would have come in anyway. She explained they were actually ahead about 9,000 room nights.
Westlund explained that visits to their website have
been very successful and television projects had been aired. She noted that Lane County was included in
three of 13 segments of a television series that was based in the United Kingdom. She added there was another project, the
Pacific Northwest edition of the Haunted History filmed by Greystone
Productions for the History Channel, including seven minutes on Heceta Head. She noted they saw one-third less visitors
in their visitor center over the past six months but they were not that
concerned because of the increase to their website.
Westlund noted there were several events pending. She said the Village Green in Cottage Grove
had been purchased and there are plans for its renovation, becoming a
full-service resort with improvements in meeting space. She added they were working with the
Springfield Chamber on a possible convention center located in Springfield.
Sorenson asked what the Board could do to support
CVALCO’s work in bringing in tourists to Lane County.
Westlund asked that the Board recognize that the money
CVALCO receives for their marketing contract is an investment in the
economy. She said they invest the
dollars in bringing in visitors who will spend money in Lane County. She hoped the Board would continue with
funding support. She wanted to see the
special projects money come back for organizations throughout the county. She said the Planetarium project was good
and recognized that at this point there wasn’t a lot of public money from room
tax going into that facility. She was
concerned about funding for Oregon tourism and hoped it could be an issue
discussed with the United Front.
Sorenson suggested an annual letter to elected
officials showing CVALCO’s new brochure, to let them know about visitor
opportunities and bringing tourists to Lane County.
Weeldreyer stated she appreciated Natalie Inouye, Vice
President of CVALCO Tourism Marketing effort, as she had been an excellent
liaison between the rural community chambers and her office.
b. FIRST
READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 2-02/In
the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the Ag
Agricultural District and New Cell Tower Siting Regulations in the Land Use
Regulations Made Applicable to the Urbanizable Lands Within the Eugene Urban
Growth Boundary; Adopting Savings and Severability Clauses; and Declaring an
Emergency (Second Reading and Public Hearing, February 13, 2002, 1:30 p.m.).
MOTION: to
approve the First Reading and Setting a Second Reading for Ordinance 4-02.
Green MOVED, Morrison SECONDED.
VOTE: 5-0.
Dwyer asked how soon the Board could receive the
Planning Commission’s recommendation regarding cell phone towers.
Kent Howe, Land Management, responded the Planning
Commission had been working on cell phone tower proposals. He noted that Ballot
Measure 56 notice was required. He
said they were hoping to bring it back to the Board for a public hearing on
April 3, 2002.
Weeldreyer requested to see the modification that the
Planning Commission had made to what the task force sent last August.
Dwyer said if he'd known this was going to be dragged
out until April, he would have started a moratorium when they gave direction to
the Planning Commission.
Sorenson supported a moratorium.
Howe explained that citizen involvement takes time and
that was the direction they had taken for the hearings procedures. He noted that over the course of the last
year there have been two or three applications for cell phone towers, of which
the hearings official denied one. He
said they used that record as part of the development from the task force
recommendations on cell towers. He said
that decision stopped the application run they were anticipating. He noted the companies were waiting for the
cell phone ordinance so they would have clear direction for cell tower
placement.
Green opposed a moratorium. He said the Board was responsive to citizens regarding the cell
phone towers. He said a task force was
formed with citizen representatives and no one thought about the workload of
the Planning Commission and staff. He
said it was unfair to criticize staff for dragging their feet.
Weeldreyer said it was her suggestion to have a
streamlined process that involved the Planning Commission, the Board, County
Counsel and citizen input. She stated
the task force had a product that was ready.
She noted the main issue was health concerns and Lane County is
pre-empted from that in the siting criteria.
She was against a moratorium as it wasn’t part of their formal written
agenda.
Van Vactor requested that Howe report back to the
Board regarding the cell phone ordinance.
Sorenson asked if the Planning Commission could make
their recommendation as specific as they could. He asked that the recommendation be brought to the Board the
following day, so they could take action.
Howe stated that assuming the Planning Commission
finished their work with a final recommendation next Tuesday night, that the
following week they will have a draft in final version for the Board’s review
and they can schedule a work session on that within a week.
c. FIRST
READING AND SETTING SECOND READING AND PUBLIC HEARING/ Ordinance No. 3-02/In
the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the I-4
Special Heavy Industrial District in the Land Use Regulations Made Applicable
to the Urbanizable Lands Within the Eugene Urban Growth Boundary; Adopting
Savings and Severability Clauses; and Declaring an Emergency (Second Reading
and Public Hearing, February 13, 2002, 1:30 p.m.).
MOTION: to approve a First Reading and Setting a
Second Reading and Public Hearing On Ordinance No. 3-02 for February 13,
2002 at 1:30 p.m.
Green MOVED, Morrison SECONDED.
VOTE: 5-0.
d. NINTH
READING AND DELIBERATION/Ordinance No. 5-00/In the Matter of Amending
Chapter 10 of Lane Code to Adopt a Revised and Updated Version of the Eugene
Land Use Regulations for Application to the Urbanizable Lands Within the Eugene
Urban Growth Boundary; and Adopting Savings and Severability.
Jan Childs, City of Eugene, explained the Board
received a memo from Teresa Bishow from the City of Eugene with a proposed
Exhibit A3 responding to the testimony that they heard on a public hearing and
there was no objection to allowing golf courses as a permitted use in the
agricultural zone. She noted the second
item dealt with recycling facilities.
She noted there was additional comment from Spickerman. She believed they would replace the (c)
conditional with a (p) in that section of the Errata. She stated the direction was not clear after the public
hearing. She said a revised Exhibit A3
would be given to the Board. She
distributed a revised copy of the ordinance based on review with legal
counsel. She noted a change was in the
third “whereas”. She stated the Board
had adopted Ordinance 10-00, adopting the City of Eugene Measure 7
claims processing ordinance for use within the urbanizable area. She explained
the second change (page 2 of the ordinance) is adding the reference to Exhibit
A –3.
MOTION: to
approve a Ninth Reading and Setting a Tenth Reading and Deliberation for
Ordinance 5-00
for March 20.
Sorenson MOVED, Green SECONDED.
VOTE:5-0.
5. COUNTY
ADMINISTRATION
a. Announcements
None.
b. ORDER 02-1-30-1/In
the Matter of Amending Chapters 4 and 21 of Lane Manual to Revise Provisions
Regarding Grants (LM 4.010(21)-4.010(22), 21.137, and 21.147.
Margaret Wilkenfeld, Budget Analyst, stated this was
an item that would amend chapters of Lane Manual to incorporate changes related
to grants. She said in the past there
had been discussion about the sequence of fund expenditures when grant funds or
revenue contracts were available. She added there was no time limit stated when
a grant or contract sunsetted and that action was terminated. She stated that Boards in the past had been
provided information about the grant.
She said staff had drafted a series of questions that would be included
in the agenda memo that is presented to the Board when it was represented. She noted a group was convened to study the
issues and they reviewed the questions that were drafted and came up with two
recommendations that resulted in changes to the Lane Manual. She added this was presented to the Finance
and Audit Committee on October 30, 2001.
She said they brought back a way of streamlining the processing of grant
applications. She noted that currently
the grants are presented to the Board as an application and brought back a
second time for acceptance. She said
the work group recommended the process be condensed into one, if certain
conditions were met. She added that the
County Administrator be granted the authority to extend a grant if the
conditions remain substantially the same for a maximum of three years. She noted this would apply to grants over
$50,000. She noted those two provisions
are included in Chapters 21, Sections 137 and 147. She added the nine questions that were drafted would become a
part of a new section of the Administrative Procedures Manual, providing a
comprehensive look at grant applications.
MOTION:
to approve ORDER 02-1-30-1.
Morrison
MOVED, Green SECONDED.
Weeldreyer said she had no problem with the process,
as it would be more efficient. She
would be more comfortable if it went through the Management Team before it came
to the Board.
Dwyer stated
he was comfortable with the way it was.
VOTE:
4-1 (Weeldreyer dissenting).
Weeldreyer stated she was
opposed on principle and process.
6. PUBLIC
WORKS
a. REPORT/Information
Briefing Regarding Optional Statewide Master Builders Certification (HB 2012).
Roger
McGuckin, Land Management, said they should adopt the policy. He believed this was a win-win proposition
for contractors as well as the jurisdictions involved. He added there is potential if everything
works out meeting the state’s criteria.
He noted it would probably speed up the plan review and permit process
by a day or two and might not be used as much as expected.
McGuckin
spoke with Marion County who participated in this project and they reported
that during the 18 months of the pilot program, they had a total of 44
certified master builders and 29 of the 44 utilized what was referred to as an
expedited plan review. He stated it was
a self-verification by the contractor of a life safety item of a job such as
smoke detectors, or windows. He said
that becomes part of the permanent record of the property file and travels
forward with it. He added that not all of the inspections are allowed under the
pilot program. He thought this could
happen as late as September or as early as June 2002.
Dwyer asked
if Lane County had to have a master builder program and if there was a downside
to this.
McGuckin said
it was not mandatory and there was no downside.
Dwyer was
concerned about this as it limited competition.
McGuckin said
this had an additional cost for the contractor because they are producing a
permanent record that has to become part of the property record and there would
be administrative work. He noted in Marion County, after 18 months, no one had
come forward to use it. He said there
was no reason not to do it unless there is problem with competition. He said it could be an advantage to a
contractor who has the tools and it would not end up being a burden for the
jurisdiction.
Weeldreyer
stated since the Oregon Administrative Rules had not been finalized, that she
would want to implement this now. She
said having an opportunity to have certified master builders that could sign
off on permits and have their authority part of the property file record has
merit.
Dwyer was
concerned that competition would be eliminated and the result would be higher
prices for the consumer and less opportunity for people who were qualified but
couldn’t meet a calendar statutory requirement.
McGuckin said
there was a downside in terms of turning loose of the program if adopted. He said once they start the program, they
couldn’t release it for a period of at least six months. He noted there were elements in it that they
could take advantage of at a local level.
He said it would add 31 jobs for Lane County.
Sorenson
asked what efforts were being made to brief the construction industry to
involve the homebuilders and contractors.
McGuckin
responded that on February 12 he would be meeting with the Home Builders to
discuss this.
b. THIRD
READING AND SETTING FOURTH READING AND PUBLIC HEARING/Ordinance PA 1165/In
the Matter of Naming a Newly Constructed Frontage Road Connecting to
Weatherberry Lane, Along State Highway Number 58, Jolene Drive (18-02-34).
(Second Reading and Public Hearing: February 13, 2002, 1:30 p.m.)
MOTION:
to approve a Third Reading and Setting a Fourth Reading and Public Hearing for Ordinance
PA 1165 for February 13, 2002 at 1:30 p.m.
Morrison
MOVED, Green SECONDED.
VOTE:
5-0.
Weeldreyer
stated this was a win-win situation for everyone.
7. CONSENT CALENDAR
A. Approval of
Minutes: None.
B. Children
and Families
1) ORDER 02-1-30-2/In the Matter of
Awarding a Contract for a Total of $60,000 with Looking Glass Youth and Family
Services, Inc. for the Period January 1, 2002 Through June 30, 2003 to Provide
Runaway/Homeless Services for Youth; and Delegating Authority to the County
Administrative Officer to Execute the Contract.
C. Health and
Human Services
1) ORDER 02-1-30-3/In the Matter of
Accepting an Agreement with the Lane Practice Association in the Amount of
$600,000 for the Period October 1, 2001 Through September 30, 2004.
D. Workforce
Partnership
1) ORDER 02-1-30-4/In
the Matter of Appropriating an Additional $250,000 in Revenues and
Expenditures, and Adding Two Employment Specialists, One Community Service
Worker Position and Increasing One Half-Time Accounting Clerk II (.5 FTE) to
Full Time (1 FTE) in the Lane Workforce Partnership Department (37), Fund 249.
MOTION: to
approve the Consent Calendar.
Morrison MOVED, Green SECONDED.
VOTE: 5-0.
8. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer announced that Mayor Weathers of Lowell called her regarding
Forest Service properties on land owned by the U.S. Army Corps of
Engineers. She noted it is declared
surplus and will be donated to the Lowell School District. She noted that Weathers asked the Board to
send a letter of recommendation. She
stated it would be on next week’s agenda for approval.
9. EMERGENCY BUSINESS
None.
There being no further business, Commissioner Dwyer recessed the
meeting at 12:00 p.m.
Melissa Zimmer
Recording Secretary