BOARD OF COMMISSIONERS'
October 29, 2002
Commissioners' Conference Room
Commissioner Bill Dwyer presided with Commissioner Bobby Green, Sr., Anna Morrison, Peter Sorenson and Cindy Weeldreyer present.† County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1.† ADJUSTMENTS TO THE AGENDA
Item 10. a. pulled.
2.† PUBLIC COMMENTS
Bill McCoy, 115 S. 3rd, Creswell, stated the Creswell area had been without funded library service.† He noted with the growing population in the area there is a need for a community tax funded library.† He said there are over 90,000 people in Lane County without tax funded library service.† He noted the Lane Library League was going to try to provide that service for everyone in the County. He stated they have a grant from the Oregon State Library, but they needed the Boardís help.
Jim Seaburry, stated he met with Bill Sullivan, President of the Lane Library League.† He said they are looking for support in the unincorporated areas to pull together Creswellís need for a library.† With regard to the urban services study, he noted people were upset about what happened at the joint City of Eugene and Board of Commissionersí meeting.††† He said people werenít consulted about the final recommendation report.
Green said there were a variety of opportunities for people to participate in the River Road, Santa Clara transition process.† He said many meetings were held on a regular basis at North Eugene High School that included public testimony.† He said people were asked to participate.
Seaburry didnít think there was a public hearing.
3.† COMMISSIONERS' REMONSTRANCE
4.† EXECUTIVE SESSION as per ORS 192.660
To take place after the meeting.
5.† COMMITTEE REPORTS
Human Rights Advisory Committee
a.† ORDER 02-10-29-1/In the Matter of Assigning the Responsibility and Authority for Monitoring of the Diversity Implementation Plan and for Development of the Phase II Diversity Plan to the Diversity Action Committee (DAC). (NBA & PM 8/28/02)
MOTION: to approve ORDER 02-10-19-1.
Sorenson MOVED, Green SECONDED.
Green asked how they would communicate to the Board for monitoring.
Laura Yergan, Management Services, responded they are looking at a timeline of activities and events. She said they would start the development of Phase II of the Diversity Plan by the beginning of 2003.† She said they would report back to the Board three times next year to give regular updates.
VOTE: 4-0 (Morrison out of room).
6.† COUNTY ADMINISTRATION
Van Vactor announced a preliminary meeting of the PERS negotiations. He said they hope to negotiate a settlement by December 1.
7.† PUBLIC WORKS
a.† REPORT BACK/Parks Financial Status.
Rich Fay, Parks, stated the Board authorized interfund loans to the Parks Division, not to exceed $150,000.† He reported that in 2001/2002, Parks had cash flow problems with the expected revenues lower than expected.† He noted at the end of the year they had to get a loan of $115,000 to cover their expenses in June.† He said they had been able to repay the loan including $401.71 interest to the fleet fund as required.† He added they are $86,082 ahead.† He said they have to continue to watch their revenues and expenditures to build up reserves to be more protective when they have fluctuations.
Dwyer asked when the Parks would be able to accept credit cards for reservations.† He wanted Fay to have credit cards in place by November 30, 2002.
Van Vactor thought it was an achievable goal and Fay could report back if that couldnít take place.
Weeldreyer stated that Mr. Farner sent the Board an e-mail indicating that the Parks Advisory Committee had voted unanimously to not allow any variation in the parks reservation system for Chumwa Fen to have some large events. She understood the direction from the Board was for the Parks Department and Chumwa Fen to work together to try to find a mutual way of cooperating.† She didnít think there was cooperation.
Fay explained they reminded the Parks Advisory Committee of the Boardís request to provide an opportunity for reservations beyond one year and they chose not to do that.†† He said during their deliberation, they thought that 2003 should be a trial year to see how the reservation system works. He noted their recommendation was to try it and then expand it for additional years if needed. He said they have to determine a rate that is fair based on the carrying capacity.† He added it would be an amendment to Lane Manual Chapter 18, under special use areas.† He said it would come back in front of the Board.
8.† COUNTY COUNSEL
a.† DISCUSSION/Annexations and the Urban Transition Agreement.
Wilson noted there is a variety of annexation methods that are available and are initiated. She said sometimes the city council initiates an annexation or it could be by petition or the Boundary Commission.† She said some of the methods allow for an election at the end of the process and some donít.† She said that annexation doesnít change the status of County roads; it is the transfer and surrender process that changes the jurisdiction.† She stated annexation would transfer the local access roads and only if the road is identified in the initiating document as a piece where the jurisdiction is being moved as part of the annexation from the County to the City.† She added it is determined by how the actual annexation initiation document is worded.
Paula Taylor, Boundary Commission, explained the Boundary Commission is a state agency that is created by Oregon law.† She said it has an IGA with LCOG that directs LCOG to provide all of the services to the Boundary Commission, including staff and office space.† She said her primary job is to staff the Boundary Commission.† She noted in Lane County most annexations are initiated by consent from the property owner.† She said most annexations they deal with are annexations to Eugene and Springfield.† She noted some cities use the method under the law as the double majority that requires consent from the property owner and the electors.†† She stated that no city uses the triple majority method that was ruled questionable by the Oregon Supreme Court.
Taylor noted in the process of annexing property, they sometimes include roads and right of way, but most cities are not supporting annexation of roads. She explained that in Eugene, most annexations they process are in the River Road/Santa Clara area and are generally not contiguous.† She said in Springfield they are seeing annexation activity in the Gateway area.† She noted in the process of annexation there are islands created.†† She said that island annexations had been initiated in Lane County and had been in process, with the last island annexation occurring in 1987, along Gilham Road.† She said the cities that are doing annexations are only processing annexations that are supportive by 100% of the property owners.† She noted there had not been annexations where there are non-consenting owners.
Snowden explained the first urban transition agreement that dealt with roads was in 1987. He noted that within the following year there were 30 miles of roads within the city limits of Springfield that they requested surrender for.† He didnít think the City ever requested surrender of the boundary roads and it has been spotty inside the annexation for surrender of the roads.† He said because they were getting a checkerboard annexation pattern in the Santa Clara area, they entered into an annual maintenance agreement with the city.† He noted the city is maintaining the same number of miles of roads the County maintains.† He said some of the roads are already inside the city limits but County roads are listed in the maintenance agreement.† He noted under the original urban transition agreement there were ones that should have been surrendered.† He said in the mid-90ís they stopped calling it an urban transition agreement and changed the way payments were made to the city and retitled it the County/City Road Partnership.† He explained with the reciprocal maintenance agreement there are some issues that are problematic.
Van Vactor recommended Snowden have a discussion with Curt Corey to see if it is a handshake agreement.
Dwyer wanted to amend the agreement that when they are in the city, the city is responsible at the time they take it.† He said they had to move in that direction.
Wilson explained there is a separate process for transferring jurisdiction of County roads.† She said until they have a decision on annexation, they couldnít begin the process of surrender.
Van Vactor noted that the statute said the City has to request it. He added they have in the agreement the requirement on the part of the City to annually automatically turn them over.
Taylor said the thing that is most frustrating is that people are oftentimes put in a situation that is unknown.† She said they are trying to implement the statute and when they try to make it more flexible or easier it ends up being more complex.† She added it was cumbersome and costly.
9.† COMMISSIONERS' ANNOUNCEMENTS
Sorenson reported that the Land Management Task Force had its third meeting.
Weeldreyer noted the Challenge of Change conference was in Eugene last week.† She noted the Oregon Telecommunication Coordinating Council met and by statute finalized their report and will present it to the Governor.
10.† COMMISSIONERS' BUSINESS
a.† REPORT BACK/Letter from L. Michael Adler. (NBA & PM 9/25/02)
This was pulled until next week, as Weeldreyer did not have the letter.
11.† EMERGENCY BUSINESS
There being no further business, Commissioner Dwyer adjourned the meeting at 3:15 p.m.