BOARD OF COMMISSIONERS'

WORK SESSION

January 21, 2003

1:30 p.m.

Commissioners’ Conference Room

APPROVED 4/16/03

 

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

 

The Board Order appointing Cindy Weeldreyer to the Fiber South Consortium will be heard under Emergency Business. Under Correspondence to the Board there is an additional letter from Dan Stotter.

 

2. PUBLIC COMMENTS

 

Phil Ziebert, 30856 Isaac Walton Road, Eugene, stated he represents the Citizens for Responsibility, an organization of Spencer Butte and McBeth area neighbors. He noted a written request had been submitted to the Board on their behalf asking the Board of Commissioners to schedule a public hearing to review neighborhood issues and land use conflicts concerning the Isaac Walton League Shooting Range. He said a 1975 conditional use permit for the project required a hearing by the Board but such a hearing never occurred. He commented there was a need for the Board to conduct a review of the Isaac Walton League Shooting Range issue to address serious concerns about public safety and neighborhood compatibility. He requested the Board schedule a public review hearing on this issue as soon as possible about safety and land use compatibility concerns.

 

Nadia Sindi, 3950 Goodpasture Loop, Eugene, asked if it was correct for non-members on the Human Rights Advisory Board to have the power of voting.

 

Dwyer responded that people who are not members on the committee couldn’t vote.

 

Green stated the associate members don’t have a vote as it relates to the matters before the Human Rights Committee.

Ron Smith, 335 W. 38th, Eugene, stated he was present for item 10. b). He said it was regarding surplus county property at 1985 Woodlawn. He noted the property didn’t sell at the normal auction so it went to a silent bid. He said he put in a bid of $112,000 and Mr. Hammer put in a bid of $100,000. He said after Jeff Turk, Management Services, received those, he put them to an open bid. He found that he was part of a bidding war and within less than a half hour, it got to $130,000. He decided to stop the bidding war and also bid $130,000 for the house. He stated that Turk chose Hammer, as Hammer was the first to choose $130,000. He wanted to amend his bid from $130,000 to $130,050 for the property. Turk told him he could come back and resubmit a new bid for the property.

 

George Grier, 1342 ½ N. 66th Springfield, stated he is the representative for the McKenzie River Trust. He stated the trust is involved with the negotiations and pending sale with the Green family of 856 acres of the island that is bounded on the east side by four miles of the old McKenzie River channel. He said the area had been identified in numerous biological assessments, both by the watershed council and by the confluence steering committee that is funded by OWEB and is part of an Oregon presidential initiative project of collaboration between public and private entities. He said they are engaged in the acquisition of the trust with the intent to protect the high quality habitat that exists at the site as well as restoring the land to its natural condition. He added the trust is a land conservancy that works to protect special lands in Lane County. He said they are a non-adversarial, non-advocacy group that works with willing landowners.

 

Grier explained that the Watershed Council had found a number of high priority areas in the watershed but the confluence area is the number one priority. He said that this site is one of the highest-ranking sites in the whole Willamette River of 220 locations for potential restoration. He noted their desire is to see this restored to its natural function.

 

3. COMMISSIONERS' REMONSTRANCE

 

Green noted the NAACP set up a march from the Martin Luther King, Jr. Park to the Eugene Fire and Police Training Center. He said it was well attended.

 

4. RESOLUTIONS

 

a. RESOLUTION AND ORDER 03-1-21-1/In the Matter of Endorsing the Efforts of the McKenzie River Trust and the McKenzie Watershed Council to Secure Funding for the Acquisition and Restoration of the McKenzie Watershed Habitat.

Lininger explained that when the Oregon Watershed Enhancement Board considers proposals for grant funding with Ballot Measure 66 monies, it is important for the group to receive some type of indication that the local government with jurisdiction of the property in question is supportive of the application for funding. He wanted to conserve the riparian habitat. He said concerns had been raised on whether this would withdraw property from taxation and he represented that when the McKenzie River Trust acquires a property, they continue to pay the taxes. He added it would be farmed and not taken out of circulation for farming. He thought by acquiring property through voluntary owners, they forestall other measures to protect the salmon. He thought it was a good first step. Lininger urged the Board to pass this resolution unanimously.

 

MOTION: to approve ORDER 03-1-21-1.

 

Lininger MOVED, Dwyer SECONDED.

 

Grier said they were asking for acquisition funds not for open space, but that is a potential long-term use of the site. He said their focus is the benefits the community will receive in the form of providing protection for critical habitat for threatened and endangered specifies.

 

Green asked if they could get this status without the Board’s endorsement.

 

Grier responded that it might make things more difficult.

 

Morrison did not support the motion. She noted that last session they had similar projects go through the funding, but they did not make it. She said that AOC and O&C Counties just submitted a letter jointly regarding aquatic conservation issues. She was not opposed to the project; she was concerned whose money is used.

 

Lininger disagreed with Morrison. He thought conserving open space by buying either a conservation easement or property outright is a good idea. He thought if they didn’t take this opportunity, that they wouldn’t be able to have a future opportunity to buy similar land in the confluence area.

 

Sorenson thought the Board should get behind efforts that are voluntary. He thought the government should regulate where this type of thing had failed.

 

Green asked if there was a sense of urgency with this.

Grier explained there was a pending grant deadline of February 3 and letters of support should be attached to the grant.

 

Green asked when his organization would have a management plan.

 

Grier responded the management plan is in development. He said they have to determine what the restoration would look like.

 

Dwyer supported this matter.

 

VOTE: 4-1 (Morrison dissenting).

 

5. EXECUTIVE SESSION as per ORS 192.660

 

To be taken after the meeting.

 

6. COMMISSIONERS' BUSINESS

 

a. ORDER 03-1-21-2/In the Matter of Adopting a Lane Manual Policy on Compliance with HIPAA Law; Designating County Health Care Components; Designating Privacy Officer and Contact Persons; and Authorizing the County Administrator to Adopt HIPAA Procedures.

 

Trina Laidlaw, Assistant County Counsel, said the purpose of this item is to take four separate actions that would help them comply with HIPAA. She said the Board has to adopt a general policy, making designations under HIPAA as to what the health care components are going to be, designating a privacy officer and contact person and delegating authority to the County Administrator to adopt specific policies that are required under HIPAA.

 

Laidlaw noted that HIPAA is the Health Insurance Portability and Accountability Act that was adopted by Congress in 1996, in an effort to reform health care. She said the law is meant to apply to health plans, health clearing houses and health care providers who submit private or protected health information electronically.

 

Laidlaw stated there are three major components of the law. She said what HIPAA will do is to make all of those codes uniform. She added there is a lengthy privacy rule with the compliance deadline of April 2003. She said the privacy rule creates a scheme, including new language in describing various types of health care arrangements and relationships that health care providers have.

 

With regard to the status, Laidlaw stated that all departments had completed a self-assessment tool under HIPAA and they identified five departments they thought might involve HIPAA: Health and Human Services, Youth Services, Sheriff’s Office, District Attorney and Management Services. She said they had been working on the draft policies that will be adopted on a countywide basis. She thought money and time could be saved if they came together with a countywide policy that could apply to everyone. She noted that everyone in those departments would be trained on HIPAA. She said they would have to amend some contracts as there is language that federal regulation requires.

 

Laidlaw reported that the expectation is the County task force would continue to meet to track any changes in HIPAA and a change in their policies to comply with it.

 

Laidlaw asked the Board to designate that Lane County government is a hybrid entity, meaning there are certain departments that do not have contact with that type of health care information under HIPAA.

 

MOTION: to approve ORDER 03-1-21-2.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 5-0.

 

7. COUNTY ADMINISTRATION

 

a. Announcements

 

Van Vactor announced that last week Melinda Kletzok put in the Board’s box a copy of a small pamphlet, describing Measure 28 and its impact with regard to Lane County government.

 

Sorenson stated the Board wanted to have factual information about the measure going out.

 

Van Vactor announced that Al Levine, Mental Health, was designated Lane County Public Official of the Year. He added that Peter Thurston received an award for being part of the Best Public Officials Intergovernmental Team.

 

Dwyer stated they haven’t approved the IGA for Pioneer Parkway or the north link. He noted Van Vactor has the intergovernmental agreement and he requested that they resolve the right-of-way issue before they authorize Van Vactor to sign.

 

Green asked if the City of Springfield was aware of this.

 

Dwyer said they know there are committees and they are working through the adoption of the alignment.

 

Van Vactor suggested working with Dwyer to develop language that would amend the agreement that would say the funds wouldn’t transfer until those things are resolved, but they would know it is still a commitment on the part of Lane County.

 

Green hoped Public Works would give them a list of what projects they have this type of agreement with that might or might not be ready so they could have a broader policy that unless things are in place, he wouldn’t have the authorization to sign.

 

8. PUBLIC WORKS

 

a. FIRST READING AND SETTING SECOND READING & PUBLIC HEARING/Ordinance PA 1184/In the Matter of Naming an Unnamed Private Road, Iris Hill Lane (19-05-25 & 26) (Second Reading and Public Hearing: March 19, 2003, 1:30 p.m.).

 

MOTION: to approve a First Reading and Setting a Second Reading and Public Hearing on Ordinance PA 1184 on March 19, 2003 at 1:30 p.m.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

9. CONSENT CALENDAR

 

A. Approval of Minutes:

January 6, 2003, Work Session, 3:30 p.m.

May 7, 2002, Work Session, 9:00 a.m.

May 8, 2002, Work Session, 1:30 p.m.

May 28, 2002, Work Session, 9:00 a.m.

May 28, 2002, Work Session, 1:30 p.m.

 

B. Assessment and Taxation

 

1) ORDER 03-1-21-3/In the Matter of A Refund to Goodwill Industries of Lane County in the Amount of $13,433.35.

 

2) ORDER 03-1-21-4/In the Matter of A Refund to University Commons-Eugene, OR, LTD, by Capstone Development Corporation in the Amount of $14,090.09.

 

3) ORDER 03-1-21-5/In the Matter of A Refund to McKenzie Bend LLC and David E. Carmichael, Attorney for Petitioner in the Amount of $22,199.18.

 

C. County Counsel

 

1) ORDER 03-1-21-6/In the Matter of Amending Chapter 65 of the Lane Manual to Update the Reference for Intergovernmental Agreements.

 

D. Management Services

 

1) ORDER 03-1-21-7/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Mark Kimball Mathis for $6,000 (Map 21-35-16-24-00500, Oakridge).

 

2) ORDER 03-1-21-8/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Ronald J. Smith for $1,500 (Map 17-12-35-10-00167, Adjacent to 5873 Mercer Creek Drive, Florence).

 

3) ORDER 03-1-21-9/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Robert H. Hylton and Jo De Hylton for $5,000 (Map 18-12-02-20-03500, Adjacent to 88551 Hwy 101, Florence).

 

E. Public Works

 

1) ORDER 03-1-21-10/In the Matter of Vacation of a Portion of Leaburg Dam Road (County Road Number 1101), Located Approximately 0.75 Miles East of its Intersection with the McKenzie Highway, Without a Public Hearing, and Adopting Findings of Fact (16-25-32-2).

 

2) ORDER 03-1-21-11/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1101 (Leaburg Dam Road) (16-25-32-20) (Scharpf).

 

3) ORDER 03-1-21-12/In the Matter of Accepting a Deed of Land to be Used as a Public Road Easement for County Road No. 1101 (Leaburg Dam Road) (16-25-32-20) (Haas).

 

4) ORDER 03-1-21-13/In the Matter of Vacating Rust Road Stub (A Portion of County Road Number 996) Located North and West of State Highway Number 36 Near Triangle Lake in Section 17, Township 16 South, Range 7 West of the Willamette Meridian (16-07-17).

 

5) ORDER 03-1-21-14/In the Matter of Vacating a Portion of Glenada-Sand Dunes Road, Commonly Known as South Jetty Road (County Road Number 1330) Located Approximately .66 Miles West of U.S. Highway Number 101 in the Southwest Quarter (SW ¼) of Section 34, Township 18 South, Range 12 West of the Willamette Meridian, in Lane County Oregon, Without a Public Hearing, and Adopting Findings of Fact (18-12-34). (PULLED)

 

6) ORDER 03-1-21-15/In the Matter of Vacating the Public Alley in Block 24 of Heceta Beach, as Platted and Recorded in Book 7, Page 25, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-12-04-13 & 42). (PULLED)

 

7) RESOLUTION, NOTICE OF HEARING AND ORDER 03-1-21-16/In the Matter of Initiating Proceedings to Withdraw County Road Status (But Not the Public Road Status) From Conley Road (County Road Number 56), Located Off of the McKenzie Highway (State Highway Number 126) in Section 32, Township 16 South, Range 3 East of the Willamette Meridian (16-35-32-3) (Public Hearing: March 19, 2003, 1:30 p.m.). (PULLED)

 

8) ORDER 03-1-21-17/In the Matter of Constructing Improvements to Marcola Road, MP 10.49 - MP 11.75, Including Assessments and Notice of Pending Lien Against Adjacent Properties.

 

Items E. 5), E. 6), and E. 7) were pulled from the Consent Calendar and addressed separately.

 

MOTION: to approve the remainder of the Consent Calendar.

 

Sorenson MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

E. 5) ORDER 03-1-21-14/In the Matter of Vacating a Portion of Glenada-Sand Dunes Road, Commonly Known as South Jetty Road (County Road Number 1330) Located Approximately .66 Miles West of U.S. Highway Number 101 in the Southwest Quarter (SW ¼) of Section 34, Township 18 South, Range 12 West of the Willamette Meridian, in Lane County Oregon, Without a Public Hearing, and Adopting Findings of Fact (18-12-34).

 

Dwyer requested E. 5) and E. 6) be pulled.

 

Dwyer stated the Board needed to have a public hearing on Order 03-1-21-14.

 

Sorenson said they could approve the order as written, set it over for a public hearing or deny the order.

 

Green didn’t recall a policy where they would have a public hearing on matters that state there is no public hearing.

 

Ezell commented that the petition came from the fact the booth was on the County road right-of-way and that was what promoted the petition to vacate. He said the only decision the Board has to make on a road vacation is whether or not it is in the public interest. He said that statutes do allow public hearings for vacations or without a public hearing, provided there is a 100% of the landowners adjoining the road are in agreement. He added the road official makes the report that if it is in the public’s interest, they could vacate the road.

 

Ezell noted this petition is to vacate about 300 feet of the County road. He noted this was a duplication of what they did in 1979. He said the State of Oregon owns the land and they have granted an easement to the Forest Service for them to continue what they are doing. He added there is no difference as far as the public is concerned if the road were vacated, as opposed to not being vacated.

 

Ezell asked if the Board wanted to roll this to a public hearing.

 

MOTION: to approve ORDER 03-1-21-14.

 

Green MOVED, Morrison SECONDED.

 

Dwyer commented that this beach is public property and it belongs to the public. He thought there should be a public hearing.

 

Lininger also wanted a public hearing.

 

VOTE: 2-3 (Dwyer, Lininger, Sorenson dissenting). MOTION FAILED.

 

Ezell stated he would send out notice for the public hearing.

 

Sorenson said the hearing would take place on March 19, 2003.

 

E. 6) ORDER 03-1-21-15/In the Matter of Vacating the Public Alley in Block 24 of Heceta Beach, as Platted and Recorded in Book 7, Page 25, Lane County, Oregon Plat Records, Without a Public Hearing, and Adopting Findings of Fact (18-12-04-13 & 42).

 

Ezell recalled this was a petition from a landowner. He said there was an objection from an adjacent landowner. He was concerned that the alley might be used in the future for a sanitary or storm sewer. He said the landowner contacted the City and they said they always put utilities in the public road, that they never use alleys. He didn’t think there was any reason not to proceed.

Dwyer said they couldn’t take public property by adverse possession. He said this shouldn’t go forward without a public hearing.

 

MOTION: to approve ORDER 03-1-21-15.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 2-3 (Lininger, Dwyer, Sorenson dissenting). MOTION FAILED.

 

Ezell noted the applicants paid $600 for this and he wanted to go back to them to see if they wanted to have another public hearing.

 

E. 7) RESOLUTION, NOTICE OF HEARING AND ORDER 03-1-21-16/In the Matter of Initiating Proceedings to Withdraw County Road Status (But Not the Public Road Status) From Conley Road (County Road Number 56), Located Off of the McKenzie Highway (State Highway Number 126) in Section 32, Township 16 South, Range 3 East of the Willamette Meridian (16-35-32-3) (Public Hearing: March 19, 2003, 1:30 p.m.).

 

Lininger requested pulling E.(7).

 

Lininger stated he had concern about the wording of the resolution. He said if they are going to hold a hearing, he wanted to word the resolution where it wasn’t a foregone conclusion. He recommended the verbiage after the second "whereas" be deleted. He said if they agreed to that, there wouldn’t be a point to having a hearing.

 

MOTION: to approve ORDER 03-1-21-16, deleting everything after the second "whereas" clause, after the comma, and replace the comma with a semi-colon.

 

Lininger MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

10. MANAGEMENT SERVICES

 

a. REPORT/Federal Election Reform Law.

 

Annette Newingham, Management Services, reported the Help America Vote Act was adopted by Congress and signed by the President. She explained as a result of that, there are changes that would impact Lane County. She said they would be phasing out the punch card system. She added there are new voting machines for the disabled and a statewide centralized voter registration system and voter identification requirements.

 

Newingham noted that Congress passed the bill but did not appropriate money. She added the Bush Administration was supporting the inclusion of $1.5 billion of the $3.9 billion originally in the budget. She stated if this were fully funded, it would be $25 to $30 million for the State of Oregon.

 

With regard to voter registration, Newingham stated that as of January 1, 2003, anyone who is new to the County or to the state is required to provide voter identification. She added it wouldn’t impact the January election, but it would take place by May 2004. She said they have to keep track of everyone they get a card from that doesn’t meet the provision. She thought there could be between 3,000 and 5,000 voters that they would have to do something special with before the next federal election. She said that was an added cost due to the postage.

 

Newingham explained there would be a centralized voter registration system. She noted the bill mandates a single uniform official centralized interactive statewide voter registration list on the state level. She said the counties would still be responsible for conducting elections. She stated the mandate is to put a statewide system in by 2004, but there is a waiver until 2006.

 

With regard to the punch cards, Newingham said the replacement would also take place by 2004 with a waiver until 2006. She said the state plan has to be in place before Lane County could receive the money. She noted they could make the change and be reimbursed later. She added there are seven counties that qualify in Oregon, with Lane County being one of them.

 

Dwyer asked what the cost was to minimally meet the federal requirements.

 

Newingham responded the amount is $500,000, and indicated she had not updated that information. She said it was based on talking with vendors, but not a formal bid process. She said she would try to do it for less. She noted the biggest handicap for Lane County is the space issue. She commented without optical scan, they have space issues for conducting a major election because they have grown substantially.

Morrison asked if the state had allocated matching funds for this.

 

Newingham stated the 5% funding does not apply to the punch card. She said whatever monies the state gets from the federal government for punch cards they qualify for, that would be disbursed equitably to the seven counties. She said that it might not cover all of Lane County’s costs. She commented that the disabled portion is a touch screen and they are talking about a minimum of two at every county and the state is covering the cost for that.

 

Newingham thought the new system was doable and asked for the Board’s support.

 

There was consensus of support for the new voting system.

 

b. ORDER 03-1-21-18/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to John P. Hammer for $130,000 (Map 18-03-04-23-09900, 1985 Woodlawn, Eugene.

 

Jeff Turk, Management Services, explained there were three offers for the sale of the property at 1985 Woodlawn Avenue. He said the County acquired the property through tax foreclosure and it was offered at a recent Sheriff’s sale on November 9. He noted it had a minimum bid of $140,000 on the property at the sale. He said the property didn’t receive any bids at the sale but after the sale he had interested parties approaching him as to the process for selling the house after it had been through an auction. He noted that ORS provides for the County to do a private sale after a property had been through an auction. He explained to the parties the process was open and that everyone would have an opportunity for counter-offers. He commented initially he received five offers ranging from $51,000 to $115,000. He said people made counter-offers. He noted three people were involved: Ms. Stoner, Mr. Smith and Mr. Hammer. He received faxed amendments to the offers as well as the required deposits. He noted at one time Mr. Hammer and Mr. Smith were countering each other. He said Hammer offered $130,000 and Mr. Smith chose not to exceed it, but to match the offer. He said at that point he spoke with both of them and said he would recommend Hammer’s offer as it was the first one received and Smith chose not to exceed it.

 

Sorenson recalled that Smith came into Public Comment stating he would like to offer $130,050. He read his amended offer into the record.

 

Dwyer found Smith’s offer offensive. He said if Smith wanted to beat Hammer’s offer, he had that opportunity when it was open to everyone. He wanted to either accept Hammer’s offer or open it up to everyone again.

Wilson said the Board could choose whatever process they wanted.

 

MOTION: to approve ORDER 03-1-21-18. (Motion Fails for Lack of Second.)

 

Turk thought Smith misunderstood him. He noted there was a series of offers and counter offers, each party submitted an offer of $130,000 and no one else made any offers to exceed that. He had conversations with both of them before submitting this agenda item.

 

Green didn’t think they could do anything but accept Hammer’s offer as it was on the table first.

 

Turk recalled that two weeks ago they both concurred with the process.

 

Lininger said that in the future if they permit bidding to end and the one who loses comes back and goes up 50 dollars, they would get lower revenue overall. He thought it was a dangerous precedent.

 

MOTION: to approve Mr. Hammer’s bid in ORDER 02-1-21-18 for the sale of surplus property.

 

Dwyer MOVED, Lininger SECONDED.

 

VOTE: 5-0.

 

11. COMMISSIONERS' ANNOUNCEMENTS

 

Sorenson announced tomorrow night would be a joint elected officials meeting with the Eugene City Council. He noted the Leadership Team met and adopted a budget timeline.

 

Green thanked people for going to the Martin Luther King March.

 

Morrison announced this weekend the Pioneer Days on the Siuslaw would take place on Saturday at the Florence Events Center. She reported she would be in Salem on Thursday and Friday for OCZMA and O & C Counties.

12. CORRESPONDENCE TO THE BOARD

 

a. Letter of Support/Julie Daniel.

 

Sorenson explained that Julie Daniel, BRING Recycling, submitted a proposed letter. She asked the Board to write a letter.

 

Morrison asked where they would be applying for funds and if Lane County would be in competition with them as well as some of the public health facilities.

 

Sorenson said Lane County would endorse their goal to develop a new site that would lead the community into a sustainable future.

 

Dwyer asked if this was a prelude to a budget request. He supported the letter with the caveat that this would not be a request that shows up in the Budget Committee and won’t compete with any other objectives that the Board might have in the same areas.

 

Sorenson asked them to submit the name and address they are writing to. He said that Van Vactor would contact Julie Daniel letting her know the Board would support it if it were written to someone specific.

 

b. Correspondence from Sidney Leiken, Mayor of Springfield.

 

Sorenson recalled, in Mayor Torrey’s State of the City Address, he asked the County to convene a meeting of Eugene, Springfield and Lane County to discuss transportation inequities between the three jurisdictions. He said he sent Torrey an e-mail saying it was a good idea. He wanted to put libraries and transportation on the agenda. He suggested adding law enforcement where efficiencies might occur. He noted since sending the letter, he hadn’t received any response. He noted he also received a letter from Mayor Leiken and wants to have a meeting to discuss this.

 

Dwyer said they had the October 30 meeting with Lane County and they didn’t look favorably on that concept of revenue raising. He noted this meeting was one week before the election and it was with the small cities that didn’t think it was the appropriate time for the County to take any action regarding fees and taxes. He didn’t think the emergency clause was a good faith effort to beat the legislature. He noted he would go forward with a repeal measure, as there is no nexus between utility bills and the roads. He would be willing to have a countywide gas tax and registration fee and split it with the cities on a per capita basis on a cost sharing arrangement that could be mutually agreed on.

 

Green concurred with what Dwyer had said. He said he would be attending the EWEB meeting on the proposal of the City of Eugene to discourage them from doing that.

 

Van Vactor recalled they had a discussion and they thought it was a good idea. He thought the agenda should be wide open and not be limited to any one thing. He thought there should be a disciplinary meeting first with the chair of the Board and the CEO’s to see what issues they could come up with to go forward.

 

Sorenson reported that Van Vactor would write a letter that says the Board discussed this issue and agree there should be a meeting. He didn’t think there should be a fixed agenda so they could get to the intergovernmental issues.

 

c. Daniel Stotter Letter.

 

Sorenson stated Stotter’s letter said there is an outstanding matter of the application of the Isaac Walton League for a conditional use permit. He said a public hearing had not been held yet.

 

Dwyer asked who the Citizens for Responsibility were. He asked if there was a statute of limitations to compel the Board to do something that it failed to do 27 years ago. He wanted to see how many complaints there are regarding this.

 

Sorenson suggested Van Vactor send this letter to Land Management with a report back to the Board with a briefing.

 

Vorhes noted there was a pending application for verification of a non-conforming use involving that range that might come to the Board in an appeal.

 

13. EMERGENCY BUSINESS

 

ORDER 03-1-21-19 Appointing Cindy Weeldreyer as Lane County’s Representative on the Fiber South Consortium Board of Directors and the Regional Fiber Consortium Board of Directors.

 

MOTION: to approve ORDER 03-1-21-19.

 

Dwyer MOVED, Lininger SECONDED.

 

Morrison didn’t support the motion. She said in the past months they have had discussions about how they are supposed to be open and diverse around committee representations and to go through a selection process. She thought this was an opposite of that. She said they were arbitrarily putting someone forward because they think it is what they wanted to do. She wasn’t sure it was the best choice. She commented there might be someone out there that has just as much knowledge, if not greater than Weeldreyer.

 

Green wouldn’t support the motion unless it gave a three-month time line.

 

Dwyer amended the motion to put August 31 on the order.

 

Green concurred.

 

Lininger SECONDED.

 

VOTE: 4-1 (Morrison dissenting).

 

There being no further business, Commissioner Sorenson recessed into Executive Session at 3:00 p.m.

 

Melissa Zimmer

Recording Secretary