BOARD OF COMMISSIONERS'
January 15, 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. (Dwyer started the meeting via telephone due to jury duty).
1. ADJUSTMENTS TO THE AGENDA
2. PUBLIC COMMENTS
William Fleenor, 09359 Highway 126, Mapleton, commented that each Commissioner is serving for their constituents and collectively as a Board they are to represent all citizens of Lane County. He wanted the Board to look at their role as a collective entity when assigning committee members to the committees. He said they should represent the interests of Lane County and not their individual wants. He said the confidence of the public in government needs to come back so the citizens donít view government as a group of special interests pursuing their own desires.
3. COMMISSIONERS' REMONSTRANCE
Sorenson noted there is a Correspondence to the Board Section for people who want to bring items directly to the Board without appearing at public comment. He added public comment is given at most meetings. He said some commissioners had asked him to put the meeting on one day. He commented that some presenters at the meetings want to have more time allocated to them.
4. EXECUTIVE SESSION as per ORS 192.660
To take place in the afternoon.
5. COMMISSIONERS' BUSINESS
a. UPDATE/IS Web Services Work Update - Web Broadcasting and Digital Archiving of Board of Commissioners' Meetings.
Darrell Landrum, Information Services, stated they had requests to broadcast the Board meetings over the Intranet. He said they didnít have the infrastructure in place to move files through the network. He reported that over the last year Information Services made upgrades to the network to allow them to move large files through. He said they have a website that allows access to view the current meeting as well as past meetings.
Sorenson asked if this would be put onto the Internet.
Landrum responded they wanted to run it internally first before they go to the Internet.
Sorenson asked Landrum to report back in six months on how the video streaming is working out and possibly expanding this to the Internet.
b. UPDATE/L-COG Development Activities.
Steve Dignam, LCOG, gave a presentation on development activities. He wanted to make sure that Lane County was aware of what LCOG was doing and to get feedback on what they should be doing with economic development.
Lininger wanted an annual ranking of needs and issues instead of having them bi-annually. He noted in November there was discussion at the state level about refocusing from rural areas to cities. He hopes they will weigh in between urban and rural economic development.
Dignam noted there would be an opportunity on January 21 to provide feedback to the state regarding an annual versus bi-annual process and he would forward those comments.
c. DISCUSSION AND ORDER 03-1-15-1/In the Matter of Appointing Representatives to Various Committees and Agencies.
MOTION: to move to make the appointments the Board agreed on and to defer the flagged appointments until a later discussion.
Dwyer MOVED, Green SECONDED.
Sorenson requested the Agenda Team set up a briefing on the Lane Metro Partnership.
Sorenson stated he wanted the Metro Wastewater Management Commission to report to the Board about their future.
With regard to the Lane Fiber South and Klamath Fiber Consortium, Van Vactor reported there is one position for each of them and it would be okay to appoint a citizen. He suggested appointing Cindy Weeldreyer as an appointed citizen by separate board order.
Sorenson suggested taking Fiber South and Lane Klamath off this Board order and bringing back a separate board order.
MOTION: to approve the remaining decisions as described in ORDER 03-1-15-1.
Morrison MOVED, Green SECONDED.
d. DISCUSSION/Request Eugene Airport Department Advisory Commission Appointment.
Morrison explained she received a letter from Bob Nobel, Airport, regarding two vacancies on the Eugene Airport Advisory Committee. She noted one had already taken place and there is another opening in May. She noted for the past opening there had not been any application process by the Board as for the advisory committees. She noted there had been a recommendation for Linda Ackerman to take the upcoming vacancy. She had no problem with the recommendation but thought they should go through a formal application process. She noted this group does not report to the Board but Lane County does have representation.
Dwyer commented if there is a vacancy, that in all fairness, they should go through a process for everyone who is interested.
Sorenson suggested authorizing Van Vactor to write a letter to Nobel and the City Manager stating the Board wants to appoint two positions on the committee. He added the Board would advertise the position and have interviews. He referred this to the Economic Development Committee to interview the people to be appointed to the Eugene Airport Advisory Committee and to bring back a board order that reflects their recommendation. He said after they make their recommendation there could be a briefing from Noble regarding the importance of the airport to the economic vitality and prosperity of the community.
Wilson asked if the Board wanted to require the Economic Development Committee to interview the candidates.
Sorenson stated they should do whatever process they think is fair and make a recommendation to the Board.
6. COUNTY ADMINISTRATION
b. ORDER 03-1-15-2/In the Matter of Approving Applications to the Forest Service and Eugene BLM for Title II Funds for the Forest Work Camp and Department of Youth Services for FY-03 and Direct the County Administrator to Sign Required Applications.
John Arnold, Management Analyst, recalled that last spring under Title 2 funding, the Board approved six applications to the four resource advisory committees within Lane County. He noted those were approved but five exceeded $50,000 and the next step after approval of those applications is to get Board approval to sign the assistance applications for the County Administratorís signature. He added the Rogue Umpqua was not part of the original agreement and by signing these applications, they would be brought in and the Forest Work Camp could start working on the Rogue Umpqua National Forest.
MOTION: to approve ORDER 03-1-15-2.
Dwyer MOVED, Morrison SECONDED.
7. PUBLIC WORKS
a. FOURTH READING AND DELIBERATION/Ordinance PA 1180/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram to Apply the ND-Nodal Development Designation to Property Within the Chase Gardens Nodal Development Area; Amending The Text of Section 13 of the Willakenzie Area Plan to Replace Pages 71-74; Amending the Willakenzie Area Plan Land Use Map; and Adopting a Severability Clause. (NBA & PM 8/28/02, 9/18/02 & 12/4/02)
Jan Childs, City of Eugene, stated this was a read and roll. She noted the last time the Board considered this item was the day they received the notice of intent to appeal the Eugene City Councilís decision on the plan amendments to the Land Use Board of Appeals and that process is still ongoing. She stated since they learned from the attorney representing the appellants that their issues are with the Eugene Code Amendments Ordinance that was adopted by the city council, (not the ordinance the Board was considering) then the appeal of the ordinance might be withdrawn. She suggested rolling this item to a future reading.
MOTION: to approve a Fourth Reading and setting a Fifth Reading and Deliberation for March 19, 2003 for Ordinance PA 1180.
Dwyer MOVED, Lininger SECONDED.
b. FOURTH READING AND DELIBERATION/Ordinance PA 1181/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram to Apply the ND-Nodal Development Designation to Property Within the Royal Avenue Nodal Development Area; and Adopting a Severability Clause. (NBA & PM 8/28/02, 9/18/02 & 12/4/02)
Childs noted the Eugene City Council voted 8-0 on Monday to approve their version of the ordinances.
Allan Lowe, Project Manager, City of Eugene, explained the key policy issue that was identified had to do with the street assessment policy. He said the city council overrode the Planning Commissionís recommendation to defer the collection of the street assessment that reinstates the existing policy that was agreed to by the County and the city council last year. He said it is no longer an issue with the city council.
Dwyer asked what happened if the Board didnít pass this matter.
Childs responded the ordinance would not go into effect. She noted the entire area of the ordinance is outside the city limits. She reiterated the council reaffirmed the agreement of the City County Task Force that reviewed assessment practices. She said they went with the decision the group had made about a year ago and opted not to change it.
Lininger asked how they addressed the neighbors concerns about nodal development.
Lowe responded there had been a four-year history of meeting with property owners and all interested parties in the area to resolve the land use planning issues. He noted at every point in the process when the decisions were being made and considered, the property owners were invited back to the process by letter and by telephone call to be able to address their concerns. He added there were numerous contacts and points at which the property owners were asked for their opinions about the site plan or by any number of decisions that were needed to be made. He noted there were two sets of public hearings and a separate public hearing before the Planning Commission at which time the draft plan was presented, discussed and deliberated and the property owners were invited to participate in that process. He stated at that time the location of the future Roosevelt Boulevard alignment was in question and the property owners gave their opinion about where it should be appropriately located and the Planning Commission unanimously recommended that the road be relocated in response to the property ownerís concerns.
MOTION: to adopt Ordinance PA 1181.
Green MOVED, Morrison SECONDED.
Green noted the crux of the issue is the assessment. He said the city had done good work on it. He said knowing how difficult the assessments could be, he would support this. He noted that the growth was taking place.
Dwyer stated he had empathy for the people who were impacted. He supports the concept of nodal development because it allows people to live, work and shop within their neighborhood to reduce the vehicles miles traveled. He said the policies were skewed and needed to be revised with current and present use. He added they should tax people on what the use is so if they want to change the zoning, it doesnít force people out of their homes because they canít afford to pay the taxes.
Childs stated the Eugene City Council is not rezoning any property as part of this action. She said the property will remain unincorporated and the property will not have the new special area zoned until the property owners wish to develop their property and annex to the City of Eugene. She said there is no change to the zone included within this. She added the special area zone the city council had adopted for the future requires small-scale commercial area and it is not a zone that would allow regional commercial services.
Lowe commented according to the Lane County assessorís office, the ordinance for the County and city would have no affect on the assessed valuation of the property. He noted the assessed values would only be effective upon changing of the zoning and that would be in total control of the property owners, not the city.
Lininger expressed the concern that the urban growth boundary is a centrifuge where all development should go right to the edge. He hoped as opportunities arise for new nodes that they focus on the areas closer to the city.
ROLL CALL VOTE: 5-0.
c. ORDER 03-1-15-3/In the Matter of Appointing Three Members to the Roads Advisory Committee.
Morrison explained the board order is the appointment from three of the Commissioners. She noted Dwyer appointed Jack Radabaugh, she reappointed Leo Stapleton and Lininger is appointing Donald McClure from the East Lane District for the Roads Advisory Committee. She noted that each Commissioner is allowed their own appointment to the Roads Advisory Committee.
MOTION: to approve ORDER 03-1-15-3.
Dwyer MOVED, Morrison SECONDED.
d. ORDER 03-1-15-4/In the Matter of the Vacation of a Portion of Duncan Slough Road (County Road Number 499) Located South of Bernhardt Creek Road Near Karnowsky Creek, in Sections 22 and 23, Township 18 South, Range 11 West of the Willamette Meridian, in Lane County, Oregon, Without a Public Hearing, and Adopting Findings of Fact (18-11-22 & 23).
Morrison stated she was the one who pulled this from the Consent Calendar originally. She stated she visited the location. She would not oppose this but did have concerns.
Dwyer asked if this denied access to anyone.
Morrison said it did not.
Dwyer asked what effect it would have by removing the status of the access.
Morrison said there shouldnít be any problems. She commented she was not in favor of the Karnowsky Creek project because the intent is to lock up land instead of having salmon as the issue. She said the project had gone forward with state and federal dollars. She noted this would be going through Forest Service land.
Bob Ezell, Land Management, reported that Duncan Slough Road is an 1892 vintage road. He noted the Forest Service petitioned to vacate it. He said the road is a dead-end road and the U.S. Forest Service owns the road on the east side. He added it goes through private land before the U.S. Forest Service land. He noted there are times when the road is gated at Bernhardt Creek Road.
Ezell explained it operates under ORS 368, 351, where it provides that if the petitioner along the roads wants to vacate it and it comprises 100% of the landowners (which is what happened) and the Public Works Director affirmatively makes the conclusion that this would be in the public interest to vacate this road, they could proceed with the hearing. He noted the statute doesnít require any public notice. He said they provided mailed notice to a variety of departments and adjacent landowners and they received no objections to the proposed road vacation. He said the road was adjacent to wetlands and the U.S. Forest Service has funds available to do wetlands work. He added it would be better for the project if this road were vacated. He noted the Public Works Director was in favor of vacating the road, as it would not prevent any access.
Dwyer said there hadnít been a public hearing to determine if there were any objections.
Ezell noted that Oregon law states that if there is 100% of the landowners adjacent to the road that want to vacate it and if the Public Works Director determines that vacating this road is in the public interest, a hearing isnít necessary.
Dwyer didnít want to vacate it. He thought it was wrong to vacate this without a public hearing.
Sorenson asked if there was a time issue problem if they rolled this to a public hearing.
Ezell said it would take two months but he didnít think it would cause a difficulty for them.
MOTION: to approve ORDER 03-1-15-4.
Morrison MOVED, Green SECONDED.
Dwyer commented if he were a neighbor he would feel slighted if there wasnít an opportunity to speak at a public hearing. He resented that this was public property and a public entity petitioning to vacate access to public land.
Sorenson said since the delay wonít cause a problem and the $100 to notify people was not excessive, he wanted a public hearing to hear from the petitioners. He would not support the motion.
VOTE: 2-3 (Sorenson, Dwyer, Lininger dissenting) MOTION FAILED.
Sorenson asked Ezell to work with the agenda team to set a public hearing and to do the work necessary with the Forest Service.
Lininger said he didnít have a concern about this. He agreed with Dwyer to have a public hearing. He hoped this wasnít done in every instance since most people donít show up to public hearings.
8. CONSENT CALENDAR
A. Approval of Minutes:
May 8, 2002, Regular Meeting, Following Board of Health
November 13, 2002, Regular Meeting, 1:30 p.m.
B. County Counsel
1) ORDER 03-1-15-5/In the Matter of Amending Chapter 64 of Lane Manual to Update Sections Pertaining to Justice Courts Jurisdiction (LM 64.215 and 64.220).
2) ORDER 03-1-15-6/In the Matter of Amending Chapter 64 of Lane Manual to Update Sections Pertaining to the Department of Youth Services (LM 64.300, 64.310 - 64.315).
3) ORDER 03-1-15-7/In the Matter of Amending Chapter 65 of Lane Manual to Update Sections Pertaining to Lane Council of Governments (LM 64.105 - 65.115).
4) ORDER 03-1-15-8/In the Matter of Reappointing a Member to the Lane County Fair Board.
C. Public Works
1) ORDER 03-1-15-9/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1097 (North Bank Road) (16-55-14-4).
MOTION: to approve the Consent Calendar.
Dwyer MOVED, Morrison SECONDED.
9. HEALTH AND HUMAN SERVICES
a. DISCUSSION AND ORDER 03-1-15-10/In the Matter of Approving an Application for D.O.J. Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program (Victim Safety Through Intensive Supervision).
Rob Rockstroh, Health and Human Services, explained the grant application was currently being written. He noted what was significant was that it is about offender accountability. He said they are trying to increase victim and family safety and effectiveness of the system. He said they would be using a Parole and Probation officer, but not in their official capacity. He said they would be used for pre-trial. He noted work had been done like this in the past and it enhances the system.
Alicia Hays, Children and Families, commented that this was an opportunity for the Department of Children and Families to partner with Health and Human Services to see how they are going to provide services to the community. She said they have someone working on the grant through the Department of Children and Families, but it is a collaborative effort from both departments
Dwyer asked what the people would do.
Grant Nelson, Parole and Probation, replied they are monitoring pre-trial defendants who have been accused of domestic violence crimes. He said they did it from funds from the District Attorneyís office. He said they transferred the dollars to their department and they have been doing it in cooperation with the custody referee. He noted in the past year they had monitored 75 people and only had to request a warrant for one person. He said it is a success and they want to build on it to continue the intensive interaction with the domestic violence offenders after they are convicted with an intensive supervision parole and probation piece.
Van Vactor recalled it was hard for all police agencies to agree on arrest policies.
Nelson responded that state law provides for the policies they are required to follow. He said they only have authority for people on supervision and by extension from the Court they had given their authority to examine pre-trial people. He said state statute is what controls the policies around domestic violence when there is a domestic violence incident in the community and law enforcement responds to it. He added this program focuses on people who are on parole and probation.
MOTION: to approve ORDER 03-1-15-10.
Morrison MOVED, Dwyer SECONDED.
10. COMMISSIONERS' ANNOUNCEMENTS
Morrison announced there was a handout at the AOC Legislative Committee about further reductions on community corrections money. She said there was a memo that was sent out from the Department of Corrections dated January 6 that stated if a county desires to opt out of community corrections by statute, there is 180 day period between the countyís notice and the state assuming the responsibility. She added the draft administrative rule would be published within 30 days. She said Lane County would be looking at an additional $226,000 that would have to be cut from the community corrections budget from what was presented before Christmas. She noted there were counties who were contemplating this. She said they have 180 days to make notice about doing this. She said they should have conversations with the Sheriffís Department to see what the impacts of this could be.
Van Vactor recommended that this be referred to Jan Clements and Rob Rockstroh and ask them to report back as soon as possible.
Green announced on January 20 there would be a march for Martin Luther King Day.
Sorenson stated the Board had to do as much as they could to advocate for the elderly, disabled and developmentally disabled so the cuts would not affect them.
11. CORRESPONDENCE TO THE BOARD
Mayor Leiken wrote a letter concerning transportation. He said that should be placed on the agenda for next week for Correspondence to the Board.
12. OTHER BUSINESS
Van Vactor will contact Gary Darnelle, Manager of the Rural Franchise for Falcon Cable, and have him contact Falcon so they could set up a system to deliver tapes to the rural area and play back the Board of Commissioner meetings.
There being no further business, Commissioner Sorenson adjourned the meeting at 4:05 p.m.