BOARD OF COMMISSIONERS'
April 30, 2003
Commissionersí Conference Room
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Tom Lininger and Anna Morrison present. (Morrison had a conference call until 10:00 a.m.) County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Green reported that Commissioner Morrison would recognize Gloria Montes at 10:00 a.m.
2. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 03-4-30-1/In the Matter of Adopting the FY 2002-2003 Supplemental Budget #2 Making, Reducing and Transferring Appropriations.
Anette Spickard, Budget Analyst, explained that under Oregonís Local Budget Law when they have unanticipated revenues and expenses in the middle of a fiscal year that could not have been anticipated when the budget was adopted, they are required to have formal board approval to make changes to appropriations. She said they used the publication form of processing a supplemental budget. She said these items were published in the Register Guard on April 23 for notification. She added because they had two funds that have a greater than 10% change in appropriations, they are required to hold a public hearing. She said those funds are the special revenue services fund and the Title III project fund.
Commissioner Sorenson opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.
MOTION: to move to approve ORDER 03-4-30-1.
Dwyer MOVED, Green SECONDED.
3. PUBLIC COMMENTS
Megan Temple, 39 Cedar Street, Eugene, stated the Board passed a motion on February 26 directing VMAC and the Health Advisory Committee to make a last resort policy workable for roadside vegetation management. She stated she works for the Northwest Coalition for Alternative to Pesticides. She asked why the County was still allowing herbicide applications while this question was being considered. She had been attending the Health Advisory Committee meetings and had received reports from VMAC committee members. She said the committee was moving forward but the process was not moving quickly. She said there was confusion on how the two committees should work together and where to begin. She asked the Board to set a clear deadline within a short time frame for a report back from the committees. She stated a deadline by the end of May would allow VMAC to meet once more and communicate with the Health Advisory Committee and report back to the Board. She requested that if a deadline was not set the Board place a moratorium on roadside herbicide applications until the Board gets a report from the committees and makes a decision about a last resort policy.
Green asked to locate the board assignment sheet to see exactly what the charge was to the committees and what the time frame was to return to the Board.
Sorenson asked VMAC and the Health and Human Services Committee to send an e-mail to the Board within the next week on their status. He added they should also e-mail Megan Temple.
4. COMMISSIONERS' REMONSTRANCE
a. RESOLUTION 03-4-30-2/In the Matter of Designating the Week of May 10-18, 2003 as Lane County Tourism Week.
Green read the resolution into the record.
MOTION: to approve RESOLUTION 03-4-30-2.
Dwyer MOVED, Morrison SECONDED.
6. EXECUTIVE SESSION as per ORS 192.660
7. COMMITTEE REPORTS
a. Legislative Committee.
Morrison returned to meeting.
Tony Bieda, Intergovernmental Relations Manager, reported the Legislative Committee had focused on land use planning bills that had been introduced in the Oregon Legislative Assembly. He said through a process of staff review, they narrowed down the list to bills that would have some chance of having movement in the session. He said those that were to be brought forward to the Board are what are in the packet.
Dwyer stated they were recommending Lane County support HB 2691, HB 2909, HB 2912, HB 3211 and HB 3228 was supported. He said they were recommending denying HB 3375.
MOTION: to move to approve the Legislative Committeeís recommendations.
Dwyer MOVED, Green SECONDED.
Lininger stated he was concerned about the overall process on how the County is involved in land use policy making. He said when Lane County is presented with individual applications, they are restricted by legislation.
Kent Howe, Land Management, explained that HB 2689 would allow industrial lands and commercial lands to be identified in the County without having to be concerned with the urban growth boundary or square foot limitation. He said that HB 2691 is a narrow piece of legislation that didnít have anything to do with the Countyís adoption of the new provisions for the Rural Comprehensive Plan addressing industrial and commercial development.
VOTE: 3-2 (Sorenson, Lininger dissenting).
8. COUNTY ADMINISTRATION
b. ORDER 03-4-30-3/In the Matter of Authorizing an Application for a Loan from Oregon Economic and Community Development Department for South 79th Street Water System Improvements and Entering Into an Intergovernmental Agreement with Springfield Utility Board and South 79th Street Improvement District.
Peter Thurston, Economic Development, explained for the past 20 years he had been aware of the issues in the S. 79th Neighborhood. He said they are up against BLM land, Springfield and major development down the hill. He noted they were not connected to SUB or to any public water supply. He said they have wells that had consistently been drying up on the water supply. He noted the problem they had addressed was to form a district under Oregon law so they could enter into an agreement that allows for the parties to all work together solving the problem.
Thurston stated the solution was to connect to SUB. He said there were engineering estimates that were performed. He noted it was more of a logistical issue of land use questions and extension of water utilities. He added an underlying problem was the variety of neighbors with various levels of income and ability to participate. He said it would be a significant cost to each household to buy into the process. He said it would be difficult for lower income people to make the payment to participate as an equal partner. He noted that Lane County had been involved in trying to secure housing rehabilitation dollars for work on individual properties, not for major improvements.
Thurston noted the issue before the Board was the role that Lane County should play in the project. He said it was being requested that the County be the applicant for loan dollars from the State of Oregon and for them to finance the construction and turn the facilities over for operation to SUB.
Eric Mahaffey, 8089 South A, Springfield, stated he and his wife bought a house knowing there were some water problems but thought they would be able to solve those problems. He said they had to bring water up to their house. He noted there was a fire hydrant near his home and SUB didnít care if they shared the hydrant with the neighbors. He stated when the City of Springfield went over 50,000 people in population, it changed the process of how the water gets distributed and they lost the fire hydrant. He said they discussed having a well with different people becoming part owner of the well and distributing the water to the individual households but being inside the urban growth boundary they couldnít do that. He added that their water system would have to be able to fight fires and the fire issue is what makes the system expensive. He said they discovered they would have to get water from SUB and distribute that to the households. He said in October 2000, they incorporated as the South 79th Street Water Improvement District. He said at that point SUB gave them a preliminary set of plans for what the project is supposed to look like. He added they were told they had to sign an annexation covenant so if the city ever did want to incorporate the area, none of the neighbors could fight the corporation. He said they have met with the boundary commission, SUB engineers, city planners, Peter Thurston and the attorneys involved.
Anne Kelly, 8033 McKenzie Highway, said she lives on a one-acre lot with a well and 1200 gallon holding tank. She said when they first moved in, for the first couple of years they had no water problems. She said since then they had seen a continued reduction in their well to the point that it had stopped producing. She stated at first they used a delivery service that delivered water for $120. She said they could no longer afford to do that and they bought a truck with a water tank on it and they hauled their own water. She said as a member of the district, they are serious and dedicated about supplying their district with water. She encouraged the Board to support them in their efforts.
Mike Davis, 79990 South A St., Springfield, explained this was an unusual project. He said there were unknowns they knew nothing about in attempting to get a loan for this. He said there are 33 properties in their district that have complied with all the requirements they established. He said their goal was to come up with potable water in the home at an affordable expense. He noted on January 22 they had a members meeting and they came up with three resolutions. He said the members committed to a six-month period of sending in checks to help cover administrative costs in trying to get this through. He added the district had also given the Board for the 79th Street Improvement District the authorization to pursue both loans and grants to offset costs of the project. He said it would also give them the authority to sign and come up with an intergovernmental agreement between Lane County, SUB and the district itself in order to meet the needs that meet the three criteria. He commented they are paying money out of their pockets that might not show any return. He explained they took it to the SUB board meeting with a request to adopt the agreement and the Board voted to adopt the agreement.
Wilson explained the real risk was the Board putting in the loan the pledge of Lane Countyís general fund resources to pay this back. She noted in the intergovernmental agreement they worked out monthly payments schedules so there is more of an opportunity to work on a problem early, but the risk remains. She added this was a unique arrangement
Lininger was supportive of this matter.
Wilson stated the properties would have a covenant on them that pledges the property to repayment of the debts of the district. She noted the district was agreeing to take on the responsibility. She said if a few members fail to make payments, it is the districtís responsibility to foreclose on those properties, sell them and use the funds to make the debt payment. She noted there is a reserve set up that is equal to one debt payment that gives a two-year window to solve a financial problem.
Dwyer commented the risks with this were worth taking.
Morrison said she was involved in a project like this in Florence. She noted the city ended up with every property in foreclosure
Green asked if this would resolve the problem.
Wilson responded it was a first step. She said the problem isnít taken care of until water is flowing. She explained the state has to approve the granting of the loan. She stated that the Board would have another opportunity to accept the loan. She added that engineering has to be done and a construction contract has to come in at a price that is affordable under the loan grant.
MOTION: to approve ORDER 03-4-30-3.
Lininger MOVED, Dwyer SECONDED.
VOTE: 4-1 (Morrison dissenting).
9. PUBLIC WORKS
a. THIRD READING AND DELIBERATION/Ordinance PA 1187/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram for Property Within the Lower River Road Nodal Development Area, With Concurrent Automatic Amendment to the River Road-Santa Clara Urban Facilities Plan Land Use Diagram; and Adopting a Severability Clause. (NBA & PM 3/19/03 & 4/9/03)
Jan Childs, City of Eugene, reported the Eugene City Council did not take action on this item. She noted it is scheduled on their agenda for May 12. She requested the Board take up this matter as soon after May 12 as possible.
MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation for May 14, 2003 on Ordinance PA 1187.
Dwyer MOVED, Green SECONDED.
b. ORAL REPORT BACK/Jasper Road Extension. (NBA & PM 3/12/03).
Ollie Snowden, Public Works, reported that last month they had four out of the five signed agreements of the property owners who are on the section of Jasper Extension between Mount Vernon Road and Natron. He added they were in discussion with McDougal Brothers and were getting closer to getting their okay. He said they still donít have all the needed signatures.
Snowden noted when they started, they had to get dedication of the right-of-way, the Corps of Engineersí removal and fill permit and ODOTís permit. He said they wanted to go sequentially but even though they didnít have the right-of- way dedication, they submitted a preliminary removal and fill application with the Corps of Engineers. He added they had a 30-day public notice of that submittal and they sent a letter to Lane County indicating they have comments back. He stated when the Board adopted the alignment, they had gone through an extensive public process but the Corps continues to indicate that Alignment A (eastside along Weyerhaeuser) fit the environmental guidelines and project adjectives. He didnít agree with that. He said they had 20 days to respond and recommended working with McDougal to respond to the Corps of Engineers. He asked the Board to continue to allow them to work on the project. He added they hadnít been spending staff time on the project for the past six months. He noted it is in the CIP for bid opening next summer. He stated a comment that was raised in the agency response to the Corps of Engineers was that some of the agencies think they should be using the full NEPA EIS process for Jasper Extension. He said in the past they didnít think they should because there was no federal money involved in the project. He stated if the Corps does decide they want Lane County to go through the full EIS process, it could add two years to the project before they get the bid.
Snowden commented that he didnít think they should pursue Option A as it is more expensive. He noted another option would shorten the project and bring it in at the northern railroad crossing but it doesnít achieve Springfieldís objectives. He added it would limit the ability to put a flyover in because of wetland and environmental constraints on the west side of Jasper Road.
Snowden wanted to have a month to extend this matter.
Sorenson asked how much public money would be used to facilitate the development.
Snowden responded that Phase 2 is $2.5 million. He added they had already spent over $1 million in environmental permitting work. He noted that some of that went to Phase 1. He added if the project does not go forward, Lane County has to give $1 million back to ODOT.
c. ORDER 03-4-30-4/In the Matter of Amending Chapter 18 of the Lane Manual to Revise Park Schedules and Emergency Rules, to Add Howard Buford Recreation Area and to Increase Fees (LM 18.100-18.115, 18.135). (NBA & PM 2/26/03, 4/2/03 & 4/8/03).
Rich Fay, Parks, stated they were prepared to go forward with the changes to Lane Manual as was approved at the previous meeting.
With regard to 18.005 in the bold version, Lininger thought it should state one-half hour. He added with 18.005 he was concerned that the provision was previously delegated to the Parks Department about park closure and emergency rules where certain circumstances exist. He noted that was to protect the health and safety of the public or to prevent damage to the park. He said if the money runs so short that a park in Lane County has to be closed, then it should be brought up to the Board instead of the Park Director.
With regard to the fee for Mt. Pisgah, Lininger said he was reluctant to have fees. He said when they impose a fee they have to be comfortable that revenue is spent wisely. He said 18.115(6) permits a discount of 50% for seniors under the Golden Age Pass, and no one had really come forward asking for it. He thought the cost of $30,000 would take up a substantial portion of the revenue they would receive at Pisgah. He added he had a strong concern for 18.115 (7). He said if the minimum threshold for a volunteer pass is 15 hours that it equates to $2.00 per hour wage. He said it makes the pass out of reach for young families and people with low income.
MOTION: to move to approve the following proposed revisions to Lane Code: Approve 18.005, with the definition section as modified by inserting "hour". To approve the modification of 18.110(a) the season pass discount date to be moved from July further into the summer. To approve 18.100(b) the picnic rates, to approve 18.100(c), the campsite rentals, other than Camp Lane, to approve 18.100(e) that would add Howard Buford to the special use facility fee rate for the big events for $150, he added 18.115(1) that would extend the fee season from May 1 to September 30. He included 18.115(8), a late fee and including proposed revision 18.135 that would increase a fee for resident camping at Camp Lane. He said this would yield $128,000 as a starting point.
Lininger MOVED, Sorenson SECONDED.
Green was opposed to the motion. He didnít want to revisit a decision that was already made.
Dwyer was against the motion because he didnít want Lininger to truncate the process and take out the parts that he didnít like. He thought that was what Lininger was trying to do. Dwyer wasnít willing to separate the fee at Mt. Pisgah but was willing to forego the golden age pass.
Green thought it was odd as they had voted on this before and had asked staff to come back with the approved fees. He was against this and was in support of the original order.
Lininger stated he was against fees at Mt. Pisgah as fees in Lane Manual were hard to remove.
Dwyer stated they passed this motion before and he would not support the current motion. He didnít want to re-do everything.
Lininger stated if his motion went down to defeat, and the alternative motion were the whole package, he would not support it. He said his motion would guarantee that at a minimum they would get $128,000.
Sorenson thought the idea of revisiting this matter was a good idea. He supported the motion. He had concerns about volunteer hours.
MOTION: to close debate.
Dwyer MOVED, Green SECONDED.
VOTE: (for main motion) 2-2 (Green, Dwyer dissenting) MOTION FAILED.
MOTION: to table this action.
Dwyer MOVED, Green SECONDED.
VOTE: 2-2 (Sorenson, Lininger dissenting) MOTION FAILED.
Fay explained they are currently without 30% of their maintenance staff and they are unable to hire because their revenues hadnít recovered enough to hire more people. He added they are missing two full-time maintenance staff, eight seasonal and four part-time workers. He said if they are unable to receive the revenues they will not be able to hire people and it will continue to cause problems. He said without the $40,000 to $60,000 they would have to propose service reductions in several parks with possible park closures.
MOTION: to approve the original order to amend Chapter 18 of Lane Manual, including reducing volunteer hours to five for a free park pass and the language in Lane Manual that stated parks could be closed by authority of the Parks Division Manager would be changed to parks can only be closed for financial reasons by the Board and fixing the typo to state one-half.
Green MOVED, Dwyer SECONDED.
VOTE: 2-3 (Morrison, Sorenson, Lininger dissenting.) MOTION FAILED.
Dwyer suggested making a motion to pass everything, delete the golden age passport and the program. He didnít want people in the other parks to have to pay for Pisgah.
Lininger didnít want a permanent fee for Mt. Pisgah.
Morrison wouldnít change her position. She stated it was about how they choose to spend money and how they could have covered this with a prudent decision around Blue Mountain. She didnít want to support any fee increases.
MOTION: to table the matter.
Dwyer MOVED, (Does not require a second.)
VOTE: 1-4 (Lininger, Sorenson, Morrison, Green dissenting.)
Van Vactor recommended having a sunset clause for the fee at Mt. Pisgah that would expire October 29, that would require the Parks Division to come back to the Board to get reapproval of the fee.
Dwyer was not willing to cut Mt. Pisgah out of the motion.
Green was willing to charge a fee to keep Mt. Pisgah open.
Lininger believed that there should be one great park that is totally free.
Dwyer commented that Lininger acquiescing because he was disappointed that the Board chair didnít go along with him on the motion was a way to get back to revote.
MOTION: to move to table.
VOTE: 3-2 (Sorenson, Lininger dissenting.)
10. CONSENT CALENDAR
A. Approval of Minutes:
April 2, 2003, Regular Meeting, 1:30 p.m.
April 9, 2003, Regular Meeting, 1:30 p.m.
April 9, 2003, BCC/Eugene City Council, 6:00 p.m.
B. Management Services
1) ORDER 03-4-30-5/In the Matter of Appointing Pinnacle Risk Management Services for Workers' Compensation Claims Administration, Awarding a 3-Year Contract Not to Exceed $120,000 and Delegating Authority to the County Administrator to Execute the Contract.
2) ORDER 03-4-30-6/In the Matter of Accepting an Offer for the Purchase of Surplus County Owned Real Property Commonly Known as the Florence Annex and Authorizing the County Administrator to Execute Related Sale Documents (Map #18-12-26-32-05200, 980 Quince Street, Florence)
3) ORDER 03-4-30-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Lawrence and Lansing Laughlin, Former Owners of Record (Map17-03-33-43-01100, Adjacent to 1642 Riverview Street, Eugene).
C. Public Works
1) ORDER 03-4-30-8/In the Matter of Awarding Requirement Contracts to Various Contractors to Establish Unit Prices for Dust Abatement Material (Lignin Sulfonate), Delivery, CRC Distributor and Operator Needs During the Period of June 1, 2003 to September 15, 2003, Prospective Contract No. 03-M&S-50.
2) ORDER 03-4-30-9/In the Matter of Awarding a Contract to Wildish Building Material Co., dba Wildish Sand & Gravel Co. in the Amount of $165,793.67 for Oil Rock and Sanding Rock Production Ė Various Stockpile Sites, Contract No. 02/03-09.
D. Workforce Partnership
1) ORDER 03-4-30-10/In the Matter of Appointing a Member to the Lane Workforce Partnership Board of Directors.
2) ORDER 03-4-30-11/In the Matter of Redesignating the Lane County Board of Commissioners as the Chief Elected Official for Purpose of Implementation of the Workforce Investment Act of 1998.
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Morrison SECONDED.
VOTE: 4-0 (Green out of room).
11. MANAGEMENT SERVICES
a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 03-3/In the Matter of Authorizing the Transfer of Surplus County Owned Real Property Located at 2280 G Street, Springfield to the Neighborhood Economic Development Corporation for the Purpose of Providing Affordable Housing (Map No. 17-03-36-12-08600) (Second Reading and Public Hearing: May 14, 2003, 1:30 p.m., Commissioners' Conference Room).
MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing for May 14, 2002, 1:30 p.m. for Ordinance No. 03-3.
Dwyer MOVED, Morrison SECONDED.
12. COMMISSIONERS' ANNOUNCEMENTS
Sorenson reported that Craig Starr was having a retirement reception at Public Works.
13. CORRESPONDENCE TO THE BOARD
14. OTHER BUSINESS
Morrison presented Gloria Montes with a Prudential Spirit Community Award.
There being no further business, Commissioner Sorenson recessed the meeting at 12:00 p.m.