BOARD OF COMMISSIONERS'
April 16, 2003
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Item 9. c. is pulled.
# 2. PUBLIC COMMENTS
Mona Lindstromberg, 87140 Territorial Road, Veneta, commented that Land Watch Lane County had made multiple requests to receive notification of land use applications and has offered to pay a reasonable fee. She noted that nothing in Lane Code prohibits this. She stated that Land Watch had submitted requests for notice because they are dedicated to seeing that decisions are made pursuant to local and state laws. She said their goal is to ensure that no groups receive preferentional treatment in the processing of development applications. She was concerned that instead of Land Management encouraging participation in this process; Lane County is putting a negative spin on a citizen group. She encouraged the Board to approve the annual subscription for notice of application acceptance.
Dwyer agreed that entities that have no monetary gain from a public decision are not special interest groups. He defined Land Watch as a public interest group. He said they have to differentiate between special and public interest groups.
Sorenson concurred that Land Watch should not be a special interest group.
3. COMMISSIONERS' REMONSTRANCE
Lininger noted when they had a joint hearing on Wednesday night, the Eugene City Council used a system where they have the same time limit for comments and questions for counselors as they do for people who come to speak. He thought the Board should have the same three-minute time limit.
a. RESOLUTION 03-4-16-1/In the Matter of Proclaiming April 28 Through May 2, 2003 as Back to School Week.
Morrison recalled in January, the AOC Legislative Committee heard a presentation about promoting back to school week. She thought it was a way to better educate people as to what is transpiring in schools. She said AOC agreed to try to get as many commissioners as possible to participate from April 28 to May 2. She read the resolution into the record.
MOTION: to approve RESOLUTION 03-4-16-1.
Morrison MOVED, Dwyer SECONDED.
5. EXECUTIVE SESSION as per ORS 192.660
To take place at the end of the meeting.
6. COMMISSIONERS' BUSINESS
a. REPORT BACK/Airport Advisory Committee.
Van Vactor recalled that years ago when Lane County was attempting to assist the City of Eugene in construction of the airport, the vehicle the County used was road funds. He said they indicated they had an advisory committee and suggested that the County have a couple of seats on the committee. He recalled the Board at that time agreed with that. He added it was an oral agreement between the Airport Manager and the West Lane County Commissioner as to who would be the Board of County Commissioner’s representative on the committees. He commented the County has become more formal with committee appointments. He noted in this case they checked the by-laws of the Airport Advisory Committee at that point in time and they indicated these appointments were from the Board of County Commissioners. He said it would be a formal process for Lane County, recognizing it is a City of Eugene advisory committee. He said they wanted to convert Lane County’s process to theirs so it could operate more informally.
Bob Noble, Eugene Airport, stated they had two members representing Lane County on their departmental advisory committee whose terms were expiring under their set of rules. He said after reviewing their written history, they found the way the appointments had been made with the previous airport manager was communication between the West Lane Commissioner to make recommendations to them. He said when Van Vactor contacted him about the formal process, he was surprised because they had already had their departmental advisory appointments and had appointed someone. He said they make their appointments by going to their list of special groups and then a group that was from outside of the city in Lane County. He said in making the appointment; the city would retain its prerogative to make the final decisions about whom the appointment is going to be.
Noble noted that the Airport Advisory Committee addressed the language in its bylaws and that is something the city could clarify as to whether or not there was going to be a formal process vs. an un-informal process.
Morrison commented she didn’t have a problem if the city wanted to continue as long as the department would get people who were outside of the urban population.
Green supported the request from the city for their informal process.
Sorenson commented the Eugene Airport is a regional facility. He said they need to re-think the governance of the airport. He suggested that Lane County needed to be more involved with the airport.
Noble stated there is an agreement that the airport is a regional facility and is accessed by many Lane County residents. He said the city council has requested that they have a work session with them in late June to discuss rationalization of the airport. He said he would come back to the Board following a conversation with the city council to see what their direction is.
b. UPDATE/Facilities Capital Improvements Projects.
David Suchart, Management Services, reported there was more planning than work taking place. He said they changed all the lighting in the Public Service Building. He added they were being reimbursed by EWEB for that. He said he continues to work on the election space planning. He said they are putting together emergency training. He reported they are working on moving Family Law over to the Mental Health facility in June. He added he received authority to start working on Harris Hall. He said they would be replacing the roof on the jail annex and working on the sinking intake center.
c. DISCUSSION/April 30th Public Hearing Process for Ordinance PA 1188.
Thom Lanfear, Land Management, reported the Public Hearing is scheduled for April 30, and the Board has discretion on how to allow the testimony to be heard. He noted the applicant is estimating he needs one hour to make his presentation. He added he had received a request from the representative of the neighbor’s group, Mr. Fodor, requesting 30 minutes to make a presentation with his issue. He asked if the Board wanted to give Fodor 30 minutes for his presentation.
Lanfear thought it was a reasonable request from the neighbor’s representative. He thought the Board should make a good attempt at accommodating the request to have the evening portion of the hearing so people who can’t come during the day would be able to testify at night.
Vorhes suggested specifying that those who had signed up to speak in the afternoon don’t get another chance in the evening.
Dwyer suggested the people that sign up would be taken in order whether in the afternoon or evening meeting.
Lanfear noted that once they take initial testimony from everyone, there is an opportunity for the applicant to provide rebuttal and the time needs to be added on to the end. He added there might be discussion about how to handle any new materials, allowing the record to be kept open for both sides to respond to material.
Green was in favor of the process.
Morrison stated the applicant had requested the Board conduct a site visit of the property. She asked if Lanfear was going to schedule the tour.
With regard to the site visit issues, Vorhes stated if the Board decided to schedule the visit, he recommended keeping the record open, to come back and describe what they had seen that might affect their decision and give everyone the opportunity to respond. He noted the site visit was a way of gathering facts.
d. DISCUSSION on Sony Letter
Dwyer suggested the Board send a letter to Sony stating that they were sorry the facilities were closed.
MOTION: to move that the Board of Commissioners send a letter to Sony.
Morrison MOVED, Lininger SECONDED.
VOTE: 4-0 (Green out of room).
7. COMMITTEE REPORTS
a. Legislative Committee.
John Arnold, Management Analyst, reported the Board had elected amounts for Title II and Title III funds in the past of 49% to Title II and 51% to Title III. He noted the amount for next Fiscal Year would be $4.6 million for Title III and $4.45 million to Title II. He added the legislative committee thought the allocations should remain the same, as that was the Board’s long-term approach.
Lininger asked if they could change the percentage in favor of Title III, where it gives greater flexibility to meet the needs of the County.
Arnold had met with Representative De Fazio and De Fazio was comfortable with the current allocation.
Dwyer commented with the current percentages that they were on course for meeting the objectives and for the prudent person reserve.
Sorenson suggested increasing the percentage from 51% to 57% for Title III funds and still be within the nationwide range. He thought they would help the general fund and the citizens by increasing the percentage rate and not endangering the overall success of the program.
Lininger concurred with Sorenson. He was concerned they might run out of Title III funds for worthy purposes unless they adjust the allocation. He asked if some of the money could go toward long range planning in Land Management.
Arnold stated that staff met and discussed long range planning. He said they determined there might be some long range planning activities and periodic review that might be eligible under Title III. He said they would have to look at specific activities to see if there were some Title III funds available.
Lininger suggested increasing the allocation in favor of Title III.
Dwyer said there were consequences with changing the allocation and he was not in favor of making any changes. He wanted to keep the percentages where there are.
Green was against making any changes.
MOTION: to move to support the Legislative Committee’s recommendation as it relates to Title II and Title III elections as stated.
Green MOVED, Dwyer SECONDED.
Sorenson asked if there were other opportunities to spend Title III dollars freeing up general fund dollars.
Arnold responded the opportunities they identified and added into Title III expenditures were the Forest Work Camp and the Youth Services Program.
Morrison recommended that the Board send a letter to each of the RAC’s stating the Lane County Board of Commissioners encourage their participation in supporting Lane County’s requests.
VOTE: 4-1 (Lininger dissenting.)
Morrison asked Arnold to draft the letters for the RAC’s.
Bieda explained there are four different bills with different recommendations. He noted the only special consideration is that SB 496 was in front of the Board and he was asked to come back with additional information. He noted the recommended position of the Legislative Committee was to oppose. He stated he had since found out that bill was assigned to committee and had never been heard. He suggested monitoring it.
Morrison stated that AOC is opposed to SB 496.
Lininger asked that the Board not oppose it.
MOTION: to move the Legislative Committee’s recommendations for all of the bills in the package.
Dwyer MOVED, Morrison SECONDED.
Sorenson reiterated they would be monitoring SB 496 to create a claim for an abusive work environment. He said they would be opposing HB 2128. He added they would be in support of certain legislation that requires certain funding distributed to counties be used only according to local Commission on Children and Families. He added they were supporting legislation HB 2120 that would require local comprehensive plans to includes plans for the delivery of mental health and public health services and they are supporting language in HB 2791 to increase the percentage of monies transferred from the state parks and recreation department from the registration of travel trailers and campers from 30% to 40%.
Arnold explained that Number 2 on the Legislative Committee report was the evaluation of county projects. He said there were additional projects that were up for review. He said the Legislative Committee recommended continuing all of the ongoing programs with the exception of forest zone development permits. He added the committee further recommended that the benefit contingency reserve receive a higher priority among new proposed projects. He said there were some conservation easements he wanted direction for.
Green stated his motion included everything that was recommended by the Legislative Committee and he left the follow up and detail up to him.
Ollie Snowden, Public Works, explained there were two conservation easements that were not part of the ongoing operations that were listed as potential adds. He said one was for $10,000 for property within Howard Buford Recreation area and the Stewart property that is contiguous to Short Mountain Landfill that is a potential open space purchase. He thought the Legislative Committee recommended $54,000 for the Stewart property.
8. COUNTY ADMINISTRATION
Van Vactor reported budget staff worked on a work session for May 1 from 1:30 to 5:00.
Green discussed a letter from CVALCO welcoming Van Vactor who is a member.
9. PUBLIC WORKS
a. ORDER 03-4-16-2/In the Matter of Authorizing the County Administrator to Sign as Landowner the Oregon Watershed Enhancement Board Watershed Improvement Grant Agreement Between the Friends of Buford Park and Mt. Pisgah and the Oregon Watershed Enhancement Board for the Purpose of Habitat Enhancement in the South Meadow Area of Howard Buford Recreation Area.
Rich Fay, Parks, recalled in March 2002, the Board approved the acceptance of two grants, one from OWEB and one from Fish and Wildlife Service addressing improvements. He added in December 2002, the Board approved the grant management services contract with the Friends of Buford Park to seek grants for improvements. He noted they secured two Oregon Watershed Enhancement Board grants. He said this was the second one, granting the authority to Bill Van Vactor to sign, in the amount of $287,210.
Chris Orsinger, Friends of Buford Park, explained this implements the South Meadow Management Plan that was adopted in January, including restoring the flood plain and iconological process to a 200 acre part of the park. He said they had completed about 25 acres of reforestation on the site. He said they were doing weed control that was a problem at that site. He noted the new grant would fund continued reforestation and weed control. He added it would implement the long plan restoration of the side channels on the Coast Fork of the Willamette that crosses through the site. He noted that the Department of Fish and Wildlife was partnering on the project for $100,000 in in-kind work by supplying heavy equipment and operators. He added that National Fisheries was giving them a $25,000 grant.
MOTION: to approve ORDER 03-4-16-2.
Morrison MOVED, Green SECONDED.
Morrison commented this was one of the few projects that OWEB should be funding. She was supportive of the motion.
Fay explained the direction of some of the Park Advisory Committee members was the Board should be aware that as the grants increase, that more money is being paid to staff the Friends of Buford Park. He and the Parks Advisory Committee supported the project.
Green supported the motion with the understanding that there would be full disclosure.
Orsinger stated he would provide the information.
b. ORDER 03-4-16-3/In the Matter of Amending Chapter 60 of Lane Manual to Revise Land Management Division Planning and Building Fees (LM 60.851 and 60.855) Effective July 1, 2003.
Jeff Towery, Land Management, explained they saw moderate growth in the permitting traffic over the past three years at 6%. He noted the local market conditions and the economic forecasts are anticipating little or no growth in the coming year. He said the total building and planning fee increase would be 7½% over the current fee schedule. He noted the issue was taken to Finance and Audit Committee on February 11 and the draft minutes were attached to the agenda item.
Towery said the proposed change of the planning sign-off for permits is they created a system that takes into account the complexity of the level of effort that the planning staff has to review and sign off on building permits. He said instead of the standard $275 for review that currently exists, they established a base fee that would include the review based on the wetlands and riparian issues and other complex reviews (including the Willamette Greenway) that would cost an additional $50 for each review component. He noted the task force recommended that the planning sign-off fee should be based on the complexity of the level of effort when reviewed.
Towery indicated that they proposed a circumstance where a $10,000 deposit would be presented to the County by the applicant that would pay for planning, legal support staff and public notification and would be drawn down as those costs are incurred in matters with the Metro Plan or Goal 5 inventory. He added upon completion, any remaining funds would be refunded to the applicant. He noted the specific details were not given to the task force, it was a theory and they recommended the fee for the complex Metro Plan amendments should be based on the level of effort. He noted there had been discussions about Title III money that the planning program receives for fuel break permits. He said they identified the subsidy that is provided by Title III revenue and they are estimating a fee increase of 125% for those permits. He noted the Board order in front of the Board didn’t include that so he would need direction on where the Board wanted to go. He said the allocation for Title III would be eliminated. He added two items had been incorporated into the board order that did not go to Finance and Audit. He said one was the verification of lawfully existing use. He said one would be a straightforward determination for documentation of property files of existing planning authorization or permit for a $30 fee. He added in cases where there is no permit or permit history, the documentation would require additional research and notification and they proposed a fee of $890.
With regard to the issue of an annual subscription for notice of application, Towery noted that acceptance is built into this proposal. He said they reviewed the time and cost of processing a series of notices for ten applications and pro rated that over the number of applications in a year. He thought the cost would be about $500.
Towery presented two alternatives: to approve the fee increase, which was staff’s recommendation and to reduce expenses for a $190,000 reduction package. He said they would have to reduce staff positions. He added the proposed fee increase would go into effect on July 1.
Lininger supported most of the fees. He said if they depend too heavily on permit fees then in a bad economy when building goes down, the County would take a hit in the planning department. He added that the fees are higher for rural people than people who live in the City of Eugene. He thought the appeal fee was too high. He was concerned about the subscription fee being too high. He questioned if there was really $500 in costs to make notices for public interest groups. He thought the gravel pit fees should be higher and for verification of lawfully existing uses.
MOTION: to move all the requested fee changes except for the requested increase in the appeals fee and change the subscriber fee to $300.
Lininger MOVED, Dwyer SECONDED.
Dwyer supported the motion with the changes because no one knows what the subscriber fee is. He wanted to err on the side of allowing more people to get information than pricing someone out of the ability to pay.
Lininger noted the appeal fee is on page 60-24. He didn’t approve an increase over $1,500 for the appeal. He didn’t want any increase of the appeals to the Board of County Commissioners. He proposed a shortfall of $700 to the department.
Towery noted the motion meant they would not have to do a reduction package.
Howe described how he calculated the subscription notice. He explained the cost is $2.00 per notice for recovery cost, with an average of 250 referrals being sent out. He thought $500 was reasonable to recover the full cost.
Snowden reported that the motion on the table increases the fuel break permits by 7½%. He said if they wanted to free up $65,000 they would need to address the fuel break permits in a separate motion. He said if the Board wanted to free up the Title III money, it currently goes to subsidize fuel break inspection and they would have to increase the fuel break inspection fee by 125%.
Lininger amended his motion to increase the fuel break permit by 7½%.
Green thought there should be full cost recovery on the appeal. He supported the fuel break, but not the whole motion.
VOTE: 3-2 (Green, Morrison dissenting.)
c. ORDER 03-4-16-4/In the Matter of Electing Whether or Not to Hear Arguments on an Appeal of a Hearings Official's Reconsidered Decision Regarding the Verification of Nonconforming Use Status of a Race Track Facility and Supporting Structures Within the Cottage Grove Urban Growth Boundary (file PA 02-5472/Leach). PULLED
10. CONSENT CALENDAR
BEGINNING OF CONSENT CALENDAR * * *
A. Approval of Minutes:
January 21, 2003, Work Session, 1:30 p.m.
March 18, 2003, Work Session, 9:00 a.m.
B. Public Works
1) ORDER 03-4-16-5/In the Matter of Constructing Improvements to River Road Between MP 7.747 and MP 7.366, Including Assessments and Notice of Pending Lien Against Adjacent Properties.
2) ORDER 03-4-16-6/In the Matter of Constructing Improvements to Irvington Dr. Between MP 0.00 and MP 1.47, Including Assessments and Notice of Pending Lien Against Adjacent Properties.
3) ORDER 03-4-16-7/In the Matter of Releasing, Dedicating and Accepting Parcel "A", in Seacon Park Book 41, Page 24, a Parcel of County Owned Real Estate, as a County Road (16-04-35-4) (Wendover Street) (Co. Rd. No. 1455).
END OF CONSENT CALENDAR * * *
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Morrison SECONDED.
VOTE: 4-0 (Green out of room.)
11. COMMISSIONERS' ANNOUNCEMENTS
Morrison reported the next Legislative Committee Meeting for AOC is April 28. She added the AOC District 5 meeting would take place in June and October 6.
Dwyer stated that people in Springfield could sign petitions at Dari Marts and at Emerald Property Management. He noted their goal is to make the September ballot.
Sorenson requested to meet the new City of Eugene manager. He asked the Board if they wanted a meeting with the Cities of Eugene and Springfield to discuss ongoing opportunities for cooperation.
Dwyer thought it was important to meet with the other jurisdictions.
Morrison was not opposed to having a meeting, but she wanted to make sure there was interest and that the meeting would take place after the budget was completed.
Lininger supported a meeting with the Cities of Eugene and Springfield.
12. CORRESPONDENCE TO THE BOARD
13. EMERGENCY BUSINESS
There being no further business, Commissioner Sorenson adjourned the meeting at 1:55 pm.